Penal Code 602 makes willful trespass by any of the acts in its 25 lettered subdivisions a crime, usually a misdemeanor, from entering and occupying property without consent under 602(m) to refusing to leave non-public property under 602(o). Most subdivisions carry up to six months in county jail, a $1,000 fine, or both. Whether a case fits depends on the subdivision charged and on consent.
What PC 602 requires
Penal Code section 602 opens with one rule, except as it provides in subdivisions (u), (v), and (x) and in section 602.8: "a person who willfully commits a trespass by any of the following acts is guilty of a misdemeanor." It then lists the acts in subdivisions (a) through (y). The prosecution has to prove the specific act in the subdivision charged, so the letter on the citation or complaint matters more than the word trespass. Under Penal Code section 7(b)(1), willfully means "a purpose or willingness to commit the act," and it "does not require any intent to violate law, to injure another, or to acquire any advantage." A few subdivisions add their own mental element, such as the purpose of injuring property or interfering with a business in 602(k).
Many subdivisions also carry notice conditions: posted no-trespassing signs at set intervals, a request to leave, or property "not open to the general public." Those conditions can decide whether the conduct in a police report fits the subdivision charged at all.
Key PC 602 subdivisions at a glance
| Subdivision | Conduct covered | What else must be shown |
|---|---|---|
| 602(k) | Entering land, fenced or not, to injure property or property rights, or intending to interfere with a lawful business or occupation of the owner, agent, or person in lawful possession | CALCRIM No. 2930 also requires that the defendant actually damaged the property or interfered with the business |
| 602(l) | Entering cultivated or fenced land, or unfenced land posted at least three signs to the mile, without written permission | One added act: refusing to leave immediately on request, damaging a sign forbidding trespass or hunting, tampering with a gate lock, or discharging a firearm |
| 602(m) | Entering and occupying real property or structures of any kind without consent | Occupation after the entry, continuing until removed (CALCRIM No. 2931) |
| 602(n) | Driving a vehicle onto property known not to be open to the general public, without consent | Knowledge that the property is not open to the public; a process server making lawful service who leaves promptly is excepted |
| 602(o) | Refusing or failing to leave property not open to the general public | A request to leave from the owner, agent, or person in lawful possession, or from a peace officer who says the officer is acting at their request |
| 602(q) | Refusing or failing to leave a public agency building during hours it is regularly closed | A request from the agency's guard, watchperson, or custodian, and circumstances showing no apparent lawful business |
| 602(t) | Entering private property, or refusing to leave it, after a peace officer acting for the owner says it is not open to you | Only a person convicted of a crime committed on that property, for up to 2 years from a misdemeanor conviction, up to 5 years from a felony conviction, or without limit after a violent felony |
The remaining subdivisions cover narrower settings: timber, things attached to land, and soil or stone ((a) through (e)), signs and advertising ((f)), shellfish beds and posted livestock land ((g), (h)), fences and gates ((i)), fires on posted land ((j)), posted lands closed to entry ((p)), closed ski trails ((r)), unpaid short hotel stays ((s)), restricted airport, port, and transit areas and their screening ((u), (v)), domestic violence shelters ((w)), maternity and neonatal units ((x)), and courthouse or government building screening ((y)).
PC 602(m): entering and occupying property
Subdivision (m) reads: "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." Entry alone is not enough. CALCRIM No. 2931, the standard jury instruction (revised February 2026), lists three elements: the defendant willfully entered land or a building belonging to someone else without consent; after entering, occupied it without consent; and occupied some part of it "continuously until removed." Its authority notes cite People v. Wilkinson (1967) 248 Cal.App.2d Supp. 906 for the meaning of occupy and for the rule that consent can be express or implied.
That makes the length and nature of the stay a central question in a 602(m) case: the third element looks for continuing occupation that lasted until the person was removed, not a brief entry. A brief presence without that continuing occupation may fit a different subdivision, such as 602(o) if the person refused a proper request to leave property not open to the public, or none at all. The other recurring question is permission, since implied consent from the owner, an agent, or someone in lawful possession counts.
PC 602 penalties: misdemeanor, infraction, or more
Section 602 sets no general penalty of its own, so most subdivisions fall under Penal Code section 19: up to six months in county jail, a fine of up to $1,000, or both. A few provisions set their own, and where one says one year in county jail, Penal Code 18.5 caps the term at 364 days:
| Provision | Penalty |
|---|---|
| Most subdivisions, including (k), (l), (m), (n), (o), (q), and (t) | Misdemeanor: up to 6 months in county jail, a fine up to $1,000, or both |
| 602(u): restricted airport, port, or transit areas | Fine up to $100. Refusing to leave an airport or passenger vessel terminal after a request, or a second or later offense: up to 6 months, up to $1,000, or both |
| 602(v): avoiding airport, port, or transit screening | First offense: fine up to $500. Second or later: up to 364 days in county jail, up to $1,000, or both. A first offense that causes an evacuation and flight or departure delays or cancellations: up to 364 days in county jail |
| 602(w): domestic violence shelter | Up to 364 days in county jail, with possible restitution of relocation expenses for the victim and the victim's children |
| 602(x): neonatal unit, maternity ward, or birthing center | Infraction with a fine up to $100. Refusing to leave after a request: up to 364 days, up to $1,000, or both. Second or later: up to 364 days, up to $2,000, or both |
| Penal Code 602.8: entering cultivated, fenced, or posted land without written permission | First offense: $75 infraction. Second on the same or contiguous land: $250 infraction. Third or later: misdemeanor |
No PC 602 subdivision is a felony. The felony-level trespass statute is Penal Code 601, which requires a credible threat to cause serious bodily injury and, within 30 days, an unlawful entry into the threatened person's residence or workplace with intent to carry out the threat. It can be punished as a felony under section 1170(h), or by up to 364 days in county jail, a fine of up to $2,000, or both.
Defenses built into the statute
- Consent. Many subdivisions turn on the absence of consent, license, or permission from the owner, the owner's agent, or the person in lawful possession, and the CALCRIM No. 2931 authority notes say consent can be express or implied. Some subdivisions, such as (j) and (l), require written permission.
- Willfulness. The prosecution must show the act was done willingly or on purpose, though it does not have to show an intent to break the law or harm anyone.
- Notice and requests. Subdivisions built on signs require the posting interval the statute sets, such as three signs to the mile for (l) and section 602.8. Subdivisions built on a request to leave, such as (l)(1), (o), and (q), require that request. Under (o), a peace officer must tell the person the officer is acting at the owner's request, and the owner must ask the officer on each occasion unless a notarized written request on the agency's form covers a limited period of no more than 12 months in the situations the statute lists.
- Open to the public. Subdivisions (n) and (o) apply only to property not open to the general public, and (q) only to public buildings during hours they are regularly closed. A refusal to leave a business that is open to the public is generally a Penal Code 602.1 question rather than 602(o).
- Statutory exceptions. Subdivision (o) does not apply to lawful labor union activity permitted under the Agricultural Labor Relations Act or the National Labor Relations Act. On housing authority property, it does not apply to constitutionally protected activity or to people there at a resident's or management's request who are not loitering or suspected of a violation. Subdivision (n) excepts a process server described in Business and Professions Code 22350 who serves papers and leaves promptly.
Trespass charges that fall under other sections
Several trespass-type charges sit outside section 602 and carry different elements:
- Penal Code 602.5: entering or remaining in someone else's noncommercial dwelling without consent, with up to 364 days in county jail when a resident or other authorized person is present; see what PC 602.5 requires.
- Penal Code 602.1: intentionally interfering with a business open to the public by obstructing or intimidating, then refusing to leave, punishable by up to 90 days in county jail, a $400 fine, or both.
- Penal Code 369i: railroad and transit property, with its own permission and interference tests; see PC 369i railroad and transit charges.
- Penal Code 459: entering a building or other listed structure with intent to commit theft or any felony is burglary, not trespass; see burglary charges.
For a PC 602 citation or charge, see the Law Offices of David S. Chesley's trespassing defense page.