It depends on where you were and what else happened. Two California statutes deal with refusing to leave. In a business open to the public, Penal Code section 602.1 requires more than a refusal: you must also have intentionally interfered with the business by obstructing or intimidating the people running it or its customers. In a place that is not open to the general public, Penal Code section 602(o) can make a willful refusal to leave after a proper request enough by itself.

A business open to the public: Penal Code section 602.1

Under Penal Code section 602.1(a), the prosecution must prove both parts:

  1. You intentionally interfered with a lawful business carried on by the owner or agent of a business establishment open to the public, by obstructing or intimidating those trying to carry on the business, or its customers.
  2. You refused to leave the premises after being asked to leave by the owner or the owner’s agent, or by a peace officer acting at their request.

It is a misdemeanor with a maximum of 90 days in county jail and a $400 fine, which the court can impose separately or together. Staying too long or being slow to leave, without obstructing or intimidating anyone, does not satisfy this statute.

Section 602.1(d) says the section does not apply to anyone engaged in lawful labor union activities that state or federal law permits on the property, or to anyone on the premises engaging in activities protected by the California or United States Constitution.

A place not open to the public: Penal Code section 602(o)

Penal Code section 602(o) covers willfully refusing or failing to leave land, real property, or structures that belong to or are lawfully occupied by someone else and are “not open to the general public,” after being asked to leave by either:

  • the owner, the owner’s agent, or the person in lawful possession; or
  • a peace officer acting at their request, who tells you the officer is acting at that request.

Depending on the facts, that can include an employee-only area or a business after it has closed. An ordinary sales floor during business hours is open to the public, so a refusal there is judged under section 602.1 instead.

The statute also limits standing requests to police. The owner, agent, or person in lawful possession must make a separate request each time it wants an officer’s help with a trespass. A single notarized request on the law enforcement agency’s form can cover a set period instead, in two situations:

  • a fire hazard, or the owner, agent, or person in lawful possession being away from the property, for dates spelled out in the request and no longer than 12 months or any shorter limit set by local ordinance; or
  • property that is closed to the public and posted as closed, for up to 12 months.

A request ends when ownership or lawful possession of the property changes. Subdivision (o) also does not apply to lawful labor union activities permitted on the property by California’s Agricultural Labor Relations Act or the federal National Labor Relations Act.

Section 602 makes these trespasses misdemeanors and sets no separate punishment for subdivision (o), so the general misdemeanor ceiling applies: six months in county jail and a $1,000 fine, separately or together (Penal Code section 19).

Theft accusations are a separate question

If the request to leave followed a suspected theft, the store’s civil demand letter and any shoplifting allegation are separate issues with their own rules.

What to keep track of

  • Who asked you to leave (an employee, a manager, security, or a peace officer) and the exact words used.
  • If an officer asked, whether the officer said they were acting at the owner’s or agent’s request.
  • Whether the area was open to the public at the time.
  • Whether anything you did could be described as obstructing or intimidating employees or customers.
  • Any written trespass notice or ban letter you received, and its date.

Both statutes turn on refusing to leave after a request. Leaving when asked means that element never arises, and any disagreement about the request can be raised afterward.

Talk to a lawyer about what was said and done

Which statute fits, if either does, depends on who spoke to you, where you were, and what you did. For help sorting through those details, contact the California trespassing defense lawyers at the Law Offices of David S. Chesley, reachable at (800) 755-5174.