Trespass
Penal Code 602 — told to leave, occupying without consent, and a home
California's trespass section is a long list of acts, each a misdemeanor when done willfully. Among them are entering and occupying property or structures without the consent of the owner, the owner's agent or the person in lawful possession, and refusing or failing to leave property that is not open to the general public after being asked to leave by one of them or by an officer acting at their request.
- Entering land for the purpose of injuring property, or to interfere with a lawful business carried on there.
- Entering cultivated or fenced land, or unenclosed land posted against trespass at intervals of not less than three to the mile and at every road and trail, without written permission, where the section's further conditions are met.
- Entering private property after being told by an officer, at the owner's request, that it is not open to that person, or refusing to leave when asked.
A home is its own offense. Entering or remaining in a noncommercial dwelling, apartment or other residential place without the consent of the owner, the owner's agent or the person in lawful possession is a misdemeanor. Doing it while a resident or another person authorized to be there is present is aggravated trespass, punishable by up to one year in county jail.
Public officers and employees acting within the scope of a duty imposed by law are outside the dwelling section. The trespass list runs to more acts than set out here, many specific to farms, schools and public lands.
Sources for this section (2)
- Penal Code 602 — Trespass
- Penal Code 602.5 — Entering or remaining in a residence without consent
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.