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Pc 602

Understanding California Penal Code 602: Trespassing Laws and Defense

California Penal Code 602 is the state’s trespassing law that makes it illegal to enter or remain on someone else’s property without permission. This code section covers a wide range of trespassing activities and applies to both public and private property.

What Activities Does PC 602 Prohibit?

Some of the most common trespassing offenses under PC 602 include:

• Entering someone’s home, garage, yard, or other buildings on their property without permission
• Refusing to leave private property after being asked to leave by the owner or authorized person
• Entering and occupying a property without the owner’s consent
• Entering and occupying closed public lands like parks or beaches after hours
• Blocking access to public buildings like courthouses or DMV offices

So in a nutshell, PC 602 makes it illegal to be present on any property where you don’t have the right or permission to be.

What Are the Penalties for Violating PC 602?

A trespassing conviction under California Penal Code 602 can lead to:

• Up to one year in county jail
• A maximum fine of $1,000
• Both jail time and fines
• Formal probation

If the trespass occurs at an inhabited property or the person has a prior conviction for trespassing, the potential sentence increases to up to 90 days in jail and a $400 fine.

Are There Legal Defenses for Fighting PC 602 Charges?

Yes, some of the most common trespassing defenses include:

• You had consent or permission to enter the property. For example, the owner gave you permission, you had an easement or other lawful right to enter, or you reasonably believed you had consent.
• The premises were open to the public and you did not exceed the scope of allowed access. For instance, you were in a store during regular business hours.
• You made a good faith mistake and reasonably believed you were allowed on the property.
• You were unlawfully detained or arrested after legally entering the property.
• You were unlawfully discriminated against by the person asking you to leave.

By challenging the prosecution’s evidence or raising affirmative defenses, an experienced criminal defense lawyer can often get trespassing charges reduced or dismissed.

When Can Police Legally Detain Me for Trespassing?

Police generally need reasonable suspicion that you are trespassing or about to trespass to legally detain you. Factors creating reasonable suspicion include:

• Seeing you enter a private, closed property without permission
• Getting a call from the owner that you are trespassing
• Noticing you crossing barricades, fences, or signs marking a property as private or closed
• Seeing you remain on the property after the owner asks you to leave

However, the police cannot prolong a detention to investigate trespassing without reasonable suspicion or probable cause. And even when police have reasonable suspicion, they still need your consent or probable cause to legally search you or your belongings.

What About Trespassing on Public Property?

Trespassing on local, state, or federal public property like parks, beaches, government buildings, or national forests can also lead to civil fines or criminal prosecution under PC 602.For example, entering a public park after closing hours or camping in a national forest without a permit is illegal. And obstructing access to public buildings like courts or DMVs is also prohibited under California Penal Code 602.1.

When Can Someone Legally Use Force Against a Trespasser?

In California, civilians have no “stand your ground” rights to use force against trespassers. Deadly force cannot be used solely to defend property. However, if the trespasser poses an imminent threat of violence, using reasonable force for self-defense may be justified.Factors like whether the trespasser is armed, their manner of entry, and their conduct once inside can help determine if an imminent threat exists. Because self-defense laws are complex, consulting with a lawyer is highly advisable before using any force against an intruder.

Renting Property Without the Owner’s Consent

Under California Penal Code 602.9, it is illegal to rent out a residential property without the legal owner’s consent. This law applies to short-term vacation rentals. Offenders face up to one year in county jail, a fine of $2,500, or both.

When is Trespassing a Felony?

Trespassing rises to a felony under PC 602 in California if:

• The trespass occurs at an inhabited property and the trespasser has a prior conviction for trespassing on inhabited property per PC 602(m).
• The person has two or more prior trespassing convictions within seven years involving an inhabited dwelling under PC 602(n).

Felony trespassing is punishable by 16 months, two years, or three years in California state prison under PC 602.

Using Legal Defenses to Fight Trespassing Charges

As discussed above, California trespassing laws have nuances that provide many opportunities to challenge charges. By asserting you had consent, a legal right to enter, a good faith mistake, or were engaged in protected speech, a defense attorney can often achieve charge dismissals, reductions in penalties, or acquittals at trial.And even for prior trespassing convictions, arguing insufficient notice of trespass, unlawful search or seizure, or lack of proof beyond a reasonable doubt can sometimes lead to favorable case outcomes.With so much at stake, never attempt to navigate PC 602 trespassing accusations without an experienced criminal lawyer by your side. The code sections are complex and the penalties severe. So securing top-notch legal defense representation right away is critical for anyone facing allegations of illegal trespass in California.