California Trespassing Laws: What You Need to Know

California trespassing laws make it illegal to enter or remain on someone else’s property without permission. Here’s an overview of key trespass provisions, defenses, signage requirements, penalties, and related issues under California State criminal and civil trespassing statutes.

California trespassing laws date back to 1872 when the state first enacted a misdemeanor criminal statute for trespassing. This early law established trespassing as a punishable offense and was later incorporated into the California Penal Code. Over the decades, California trespass statutes have been updated and expanded, such as specifying penalties and adding civil trespass provisions.

The basic rationale behind trespass laws is to protect private property rights and prevent unauthorized access. Trespass statutes aim to deter unlawful physical intrusion onto property without permission that infringes on ownership rights. From farmland to private residences, commercial property to public infrastructure, trespassing regulations uphold landowners’ ability to control their premises and exclude those they haven’t authorized.

Who California Trespassing Laws Apply To

California trespassing laws apply to any individual who:

• Enters or remains on a property without the owner or occupant’s consent
• Refuses to leave a property after being directed to do so by the lawful owner, occupant, or agent such as security guards
• Knowingly entering into a private residence (such as by going past signs stating it is a private residence)
• Enters enclosed or cultivated land, including farmland, vineyards, constructing sites, and more, that is fenced or otherwise enclosed

Trespassers can include members of the general public as well as solicitors, protesters, private investigators, photographers, and journalists who fail to leave when instructed.

Minors under 18 who commit trespassing offenses may be charged as juveniles. Parents and guardians who encourage minors to trespass may also face criminal contributing and civil liability in some cases.

Key Provisions of California Trespassing Laws

California has both criminal and civil laws prohibiting trespassing. Key statutes include:

California Penal Code Section 602 – Criminal Trespass

This makes it a misdemeanor to willfully:

• Enter or remain on any land, real property, or structures without consent or after consent has been explicitly withdrawn.
• Enter an enclosed/cultivated area, including farmland, without explicit permission.
• Enter and occupy any property closed to the public without authorization.

Section 602 outlines standard misdemeanor penalties and increased penalties for repeat offenders.

California Penal Code Section 602.5 – Trespassing on Operating Railroads

Entering or remaining on railroad tracks or rights-of-way without authorization constitutes a misdemeanor trespass. Enhanced penalties apply to repeat violations within a year of prior offenses.

California Penal Code Section 602.8 – Trespassing on Public Transportation Property

Entering enclosed areas like train yards, maintenance areas, tunnels, or boarding areas without permission or refusing to leave when ordered is a misdemeanor. Fines start at $250.

California Civil Code Section 1708.7 – Civil Trespass Statute

Provides for civil trespass liability when someone injures or causes damages while trespassing. Defendants can be ordered to pay monetary damages to plaintiffs for losses caused.

California Code of Civil Procedure Section 731 – Streamlining Civil Trespass Cases

Expedites trespass civil cases and temporary injunctions when needed to stop recurring trespass activity that may not rise to the level of criminal prosecution.

Key Requirements and Restrictions in California Trespassing Laws

Some key provisions of California trespass laws include:

Notice Requirements

• No Trespassing Signs – In most cases, “No Trespassing” signs noticing that entry is forbidden and restricted must be posted for criminal trespass laws to apply.
• Fences – Fenced or enclosed property does not require any trespassing signs to establish notice against entry. Fences themselves constitute sufficient notice.
• Verbal Notice – Trespassers must immediately leave if verbally instructed to exit the premises, even without no trespassing signs present. Refusal constitutes trespass.
• Hours of Operation – Entering business premises after posted hours of operation constitutes trespass unless authorized.

Limitations

• Reasonable Belief – If the trespasser had a reasonable good faith belief they had consent or the right to enter, criminal charges may not apply. But civil liability may still result.
• Public Spaces – Simply being present in a public space like a public park or sidewalk does not constitute trespass unless specific restricted areas are entered.
• Necessity – Trespass may be justified in limited circumstances of necessity, such as a life-threatening emergency requiring crossing premises to seek urgent aid.

Penalties for Violating California Trespassing Laws

Violating California trespass laws carries both criminal and civil penalties:

Criminal Penalties

• Misdemeanor – Most first-offense trespasses under Penal Code Section 602 are misdemeanors punishable by up to 6 months in jail and/or fines up to $1,000.
• Felony – Subsequent trespass offenses by repeat violators within a year of prior convictions can be charged as felonies punishable by 16 months of jail time.
• Restitution – Courts may order restitution for any damages caused while trespassing.
• Community Service – Community service hours may be mandated as part of sentencing.
• Probation – Terms may include probation prohibiting entry onto the trespassed premises.

Civil Penalties

• Damages – Monetary civil damages may be awarded to the plaintiff property owner for any injuries or costs caused by the trespass.
• Injunctions – Courts can issue civil injunctions banning the trespasser from returning to the property. Violating the injunction can lead to contempt of court charges.

Recent Changes to California Trespassing Laws

Some recent amendments impacting California trespassing laws include:

• Drones – Amendments clarify that knowingly and unlawfully entering airspace above private property below navigable airspace levels constitutes misdemeanor trespass. This addresses trespassing drones.
• Guns – Penal Code 626.9 was added making it a felony to bring guns or ammunition onto school grounds without authorization.
• Vehicles – Entering or remaining on another person’s land to work on or maintain a vehicle constitutes trespass unless owner authorization is obtained.
• Punishment Enhancements – Amendments increase potential punishment for repeat trespass offenders within a year to up to 1 year in jail from 6 months.
• Purple Paint Law – In 2022, California enacted a “purple paint law” allowing rural landowners to mark property boundaries with purple paint markings to constitute sufficient visible notice against trespass when fences aren’t present.

In general, California trespassing laws have grown stronger in recent years, expanding definitions of trespass and increasing penalties.

Controversies and Challenges With California Trespassing Laws

California trespassing laws aim to balance property rights and public access. Key areas of controversy include:

• Public Beaches – What circumstances justify removing beachgoers from areas between high tide lines and private property? Disputes over conflicting rights spark controversy.
• Protests – When do demonstrations like union picketing or residential protests cross over into punishable criminal trespass vs. exercising free speech rights?
• Police Abuse – Some express concerns over discriminatory trespass enforcement removing minority groups from businesses and public areas through trespass warnings and charges.
• Homelessness – Cities face criticism for misusing trespass laws to prohibit homeless encampments or displace homeless people lacking the means to rent residences.
• Drones – Drone operators argue tough laws deter harmless aerial filming/photography over private land. But owners want airspace rights protected.
• Purple Paint Laws – Critics argue purple paint markings provide inadequate notice compared to signs explicitly prohibiting trespass entry.

Balancing competing interests consistently remains an ongoing challenge under trespass laws.

Key Steps to Follow if Facing Trespassing Charges

Those charged with criminal trespass allegations should:

• Remain silent and only speak to your criminal defense attorney if questioned by police. Anything you say may be used against you.
• Be polite if issued a citation and trespass warning by officers. But sign it only if it acknowledges you are not admitting guilt. Refusal to leave when instructed risks additional charges.
• Hire a criminal defense lawyer promptly. An experienced attorney can negotiate dismissal or reduction of charges if mitigating factors exist.
• Check if prior convictions for trespassing or other offenses within the past year make the charge a more serious felony.
• Gather any evidence showing you had good faith consent or showing ambiguity or lack of no trespass signs on the property. Photograph sign locations.
• Ask your attorney whether participating in a diversion or deferred entry of judgment program to dismiss charges upon completion of conditions like community service may be an option.
• If convicted, request community service in lieu of jail and probation without long-term trespass bans impacting essential property access.
• For civil trespass lawsuits, hire an attorney to raise any viable defenses and negotiate a favorable settlement.