Cal Pen Code § 602 (2004)
§ 602. Trespasses; What acts included; Punishment
Except as provided in paragraph (2) of subdivision (v),
subdivision (x), and Section 602.8, every person who willfully commits a
trespass by any of the following acts is guilty of a misdemeanor:
(a) Cutting down, destroying, or injuring any kind of wood or
timber standing or growing upon the lands of another.
(b) Carrying away any kind of wood or timber lying on those
lands.
(c) Maliciously injuring or severing from the freehold of
another anything attached to it, or its produce.
(d) Digging, taking, or carrying away from any lot situated
within the limits of any incorporated city, without the license of the owner or
legal occupant, any earth, soil, or stone.
(e) Digging, taking, or carrying away from land in any city
or town laid down on the map or plan of the city, or otherwise recognized or
established as a street, alley, avenue, or park, without the license of the
proper authorities, any earth, soil, or stone.
(f) Maliciously tearing down, damaging, mutilating, or
destroying any sign, signboard, or notice placed upon, or affixed to, any
property belonging to the state, or to any city, county, city and county, town
or village, or upon any property of any person, by the state or by an
automobile association, which sign, signboard or notice is intended to indicate
or designate a road, or a highway, or is intended to direct travelers from one
point to another, or relates to fires, fire control, or any other matter
involving the protection of the property, or putting up, affixing, fastening,
printing, or painting upon any property belonging to the state, or to any city,
county, town, or village, or dedicated to the public, or upon any property of
any person, without license from the owner, any notice, advertisement, or
designation of, or any name for any commodity, whether for sale or otherwise,
or any picture, sign, or device intended to call attention to it.
(g) Entering upon any lands owned by any other person whereon
oysters or other shellfish are planted or growing; or injuring, gathering, or
carrying away any oysters or other shellfish planted, growing, or on any of
those lands, whether covered by water or not, without the license of the owner
or legal occupant; or damaging, destroying, or removing, or causing to be
removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to
designate the boundaries and limits of any of those lands.
(h) (1) Entering upon lands or buildings owned by any other
person without the license of the owner or legal occupant, where signs
forbidding trespass are displayed, and whereon cattle, goats, pigs, sheep,
fowl, or any other animal is being raised, bred, fed, or held for the purpose
of food for human consumption; or injuring, gathering, or carrying away any
animal being housed on any of those lands, without the license of the owner or
legal occupant; or damaging, destroying, or removing, or causing to be removed,
damaged, or destroyed, any stakes, marks, fences, or signs intended to
designate the boundaries and limits of any of those lands.
(2) In order for there to be a violation of this subdivision,
the trespass signs under paragraph (1) must be displayed at intervals not less
than three per mile along all exterior boundaries and at all roads and trails
entering the land.
(3) This subdivision shall not be construed to preclude
prosecution or punishment under any other provision of law, including, but not
limited to, grand theft or any provision that provides for a greater penalty or
longer term of imprisonment.
(i) Willfully opening, tearing down, or otherwise destroying
any fence on the enclosed land of another, or opening any gate, bar, or fence
of another and willfully leaving it open without the written permission of the
owner, or maliciously tearing down, mutilating, or destroying any sign,
signboard, or other notice forbidding shooting on private property.
(j) Building fires upon any lands owned by another where
signs forbidding trespass are displayed at intervals not greater than one mile
along the exterior boundaries and at all roads and trails entering the lands,
without first having obtained written permission from the owner of the lands or
the owner's agent, or the person in lawful possession.
(k) Entering any lands, whether unenclosed or enclosed by
fence, for the purpose of injuring any property or property rights or with the
intention of interfering with, obstructing, or injuring any lawful business or
occupation carried on by the owner of the land, the owner's agent or by the
person in lawful possession.
(l) Entering any lands under cultivation or enclosed by
fence, belonging to, or occupied by, another, or entering upon uncultivated or
unenclosed lands where signs forbidding trespass are displayed at intervals not
less than three to the mile along all exterior boundaries and at all roads and
trails entering the lands without the written permission of the owner of the
land, the owner's agent or of the person in lawful possession, and
(1) Refusing or failing to leave the lands immediately upon
being requested by the owner of the land, the owner's agent or by the person in
lawful possession to leave the lands, or
(2) Tearing down, mutilating, or destroying any sign,
signboard, or notice forbidding trespass or hunting on the lands, or
(3) Removing, injuring, unlocking, or tampering with any lock
on any gate on or leading into the lands, or
(4) Discharging any firearm.
(m) Entering and occupying real property or structures of any
kind without the consent of the owner, the owner's agent, or the person in
lawful possession.
(n) Driving any vehicle, as defined in Section 670 of the Vehicle Code, upon real property
belonging to, or lawfully occupied by, another and known not to be open to the
general public, without the consent of the owner, the owner's agent, or the
person in lawful possession. This subdivision shall not apply to any person
described in Section 22350 of the Business and
Professions Code who is making a lawful service of process, provided
that upon exiting the vehicle, the person proceeds immediately to attempt the
service of process, and leaves immediately upon completing the service of
process or upon the request of the owner, the owner's agent, or the person in
lawful possession.
(o) Refusing or failing to leave land, real property, or
structures belonging to or lawfully occupied by another and not open to the
general public, upon being requested to leave by (1) a peace officer at the
request of the owner, the owner's agent, or the person in lawful possession,
and upon being informed by the peace officer that he or she is acting at the
request of the owner, the owner's agent, or the person in lawful possession, or
(2) the owner, the owner's agent, or the person in lawful possession. The
owner, the owner's agent, or the person in lawful possession shall make a
separate request to the peace officer on each occasion when the peace officer's
assistance in dealing with a trespass is requested. However, a single request
for a peace officer's assistance may be made to cover a limited period of time
not to exceed 30 days and identified by specific dates, during which there is a
fire hazard or the owner, owner's agent or person in lawful possession is
absent from the premises or property. In addition, a single request for a peace
officer's assistance may be made for a period not to exceed six months when the
premises or property is closed to the public and posted as being closed.
However, this subdivision shall not be applicable to persons engaged in lawful
labor union activities which are permitted to be carried out on the property by
the California Agricultural Labor Relations Act, Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code, or by
the National Labor Relations Act. For purposes of this section, land, real
property, or structures owned or operated by any housing authority for tenants
as defined under Section 34213.5 of the Health and
Safety Code constitutes property not open to the general public;
however, this subdivision shall not apply to persons on the premises who are
engaging in activities protected by the California or United States
Constitution, or to persons who are on the premises at the request of a
resident or management and who are not loitering or otherwise suspected of
violating or actually violating any law or ordinance.
(p) Entering upon any lands declared closed to entry as
provided in Section 4256 of the Public Resources Code,
if the closed areas shall have been posted with notices declaring the closure,
at intervals not greater than one mile along the exterior boundaries or along
roads and trails passing through the lands.
(q) Refusing or failing to leave a public building of a
public agency during those hours of the day or night when the building is
regularly closed to the public upon being requested to do so by a regularly
employed guard, watchman, or custodian of the public agency owning or
maintaining the building or property, if the surrounding circumstances would
indicate to a reasonable person that the person has no apparent lawful business
to pursue.
(r) Knowingly skiing in an area or on a ski trail which is
closed to the public and which has signs posted indicating the closure.
(s) Refusing or failing to leave a hotel or motel, where he
or she has obtained accommodations and has refused to pay for those
accommodations, upon request of the proprietor or manager, and the occupancy is
exempt, pursuant to subdivision (b) of Section 1940
of the Civil Code, from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the
Civil Code. For purposes of this subdivision, occupancy at a hotel or
motel for a continuous period of 30 days or less shall, in the absence of a
written agreement to the contrary, or other written evidence of a periodic
tenancy of indefinite duration, be exempt from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the
Civil Code.
(t) Entering upon private property, including contiguous
land, real property, or structures thereon belonging to the same owner, whether
or not generally open to the public, after having been informed by a peace
officer at the request of the owner, the owner's agent, or the person in lawful
possession, and upon being informed by the peace officer that he or she is
acting at the request of the owner, the owner's agent, or the person in lawful
possession, that the property is not open to the particular person; or refusing
or failing to leave the property upon being asked to leave the property in the
manner provided in this subdivision.
This subdivision shall apply only to a person who has been
convicted of a violent felony, as specified in subdivision (c) of Section
667.5, committed upon the particular private property. A single notification or
request to the person as set forth above shall be valid and enforceable under
this subdivision unless and until rescinded by the owner, the owner's agent, or
the person in lawful possession of the property.
(u) (1) Knowingly entering, by an unauthorized person, upon
any airport operations area if the area has been posted with notices
restricting access to authorized personnel only and the postings occur not
greater than every 150 feet along the exterior boundary.
(2) Any person convicted of a violation of paragraph (1)
shall be punished as follows:
(A) By a fine not exceeding one hundred dollars ($ 100).
(B) By imprisonment in the county jail not exceeding six
months, or by a fine not exceeding one thousand dollars ($ 1,000), or both, if
the person refuses to leave the airport operations area after being requested
to leave by a peace officer or authorized personnel.
(C) By imprisonment in the county jail not exceeding six
months, or by a fine not exceeding one thousand dollars ($ 1,000), or both, for
a second or subsequent offense.
(3) As used in this subdivision the following definitions
shall control:
(A) "Airport operations area" means that part of
the airport used by aircraft for landing, taking off, surface maneuvering,
loading and unloading, refueling, parking, or maintenance, where aircraft
support vehicles and facilities exist, and which is not for public use or
public vehicular traffic.
(B) "Authorized personnel" means any person who has
a valid airport identification card issued by the airport operator or has a
valid airline identification card recognized by the airport operator, or any
person not in possession of an airport or airline identification card who is
being escorted for legitimate purposes by a person with an airport or airline
identification card.
(C) "Airport" means any facility whose function is
to support commercial aviation.
(v) (1) Except as permitted by federal law, intentionally
avoiding submission to the screening and inspection of one's person and
accessible property in accordance with the procedures being applied to control
access when entering or reentering a sterile area of an airport, as defined in
Section 171.5.
(2) A violation of this subdivision that is responsible for
the evacuation of an airport terminal and is responsible in any part for delays
or cancellations of scheduled flights is punishable by imprisonment of not more
than one year in a county jail if the sterile area is posted with a statement
providing reasonable notice that prosecution may result from a trespass
described in this subdivision.
(w) Refusing or failing to leave a battered women's shelter
at any time after being requested to leave by a managing authority of the
shelter.
(1) A person who is convicted of violating this subdivision
shall be punished by imprisonment in a county jail for not more than one year.
(2) The court may order a defendant who is convicted of
violating this subdivision to make restitution to a battered woman in an amount
equal to the relocation expenses of the battered woman and her children if
those expenses are incurred as a result of trespass by the defendant at a
battered women's shelter.
(x) (1) Knowingly entering or remaining in a neonatal unit,
maternity ward, or birthing center located in a hospital or clinic without lawful
business to pursue therein, if the area has been posted so as to give
reasonable notice restricting access to those with lawful business to pursue
therein and the surrounding circumstances would indicate to a reasonable person
that he or she has no lawful business to pursue therein. Reasonable notice is
that which would give actual notice to a reasonable person, and is posted, at a
minimum, at each entrance into the area.
(2) Any person convicted of a violation of paragraph (1)
shall be punished as follows:
(A) As an infraction, by a fine not exceeding one hundred
dollars ($ 100).
(B) By imprisonment in a county jail not exceeding one year,
or by a fine not exceeding one thousand dollars ($ 1,000), or both, if the
person refuses to leave the posted area after being requested to leave by a
peace officer or other authorized person.
(C) By imprisonment in a county jail not exceeding one year,
or by a fine not exceeding two thousand dollars ($ 2,000), or both, for a
second or subsequent offense.
(D) If probation is granted or the execution or imposition of
sentencing is suspended for any person convicted under this subdivision, it
shall be a condition of probation that the person participate in counseling, as
designated by the court, unless the court finds good cause not to impose this
requirement. The court shall require the person to pay for this counseling, if
ordered, unless good cause not to pay is shown.