California Penal Code 602 Explained: Trespassing Law

California Penal Code section 602 makes it a misdemeanor to willfully commit a trespass by any of the acts it lists, from entering and occupying someone else's property to refusing to leave when asked. The list runs from subdivision (a) to subdivision (y), and a few of those subdivisions carry their own penalties.

This page groups the subdivisions by what they cover, quotes the ones whose wording matters most, and sets out what the official jury instructions require for 602(k) and 602(m). It also covers the penalties and the related trespass sections. It covers California state law only.

Information last verified against primary sources on October 20, 2026. This article has not yet been reviewed by a licensed lawyer.

What 602 PC says

Every subdivision hangs off the same opening sentence:

"Except as provided in subdivisions (u), (v), and (x), and Section 602.8, a person who willfully commits a trespass by any of the following acts is guilty of a misdemeanor:"

The acts that follow are not all about walking onto land. Some involve damaging or removing things, some involve refusing to leave, and some involve secured areas such as airports and courthouses. The table below summarizes each subdivision in plain English; the official text controls.

602(k): entering to damage property or interfere with a business

"Entering lands, whether unenclosed or enclosed by fence, for the purpose of injuring property or property rights or with the intention of interfering with, obstructing, or injuring a lawful business or occupation carried on by the owner of the land, the owner's agent, or the person in lawful possession."

The purpose at the time of entry is the core of this subdivision. The jury instruction, covered below, also requires that the damage or interference actually happened.

602(m): entering and occupying

"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 under (m). The text requires both entering and occupying.

602(o): refusing to leave

Subdivision (o) covers refusing or failing to leave land, real property, or structures that belong to or are lawfully occupied by another and are not open to the general public. The request to leave can come from the owner, the owner's agent, or the person in lawful possession, or from a peace officer acting at their request who says so.

The owner generally has to make a separate request each time the officer's help is wanted. A single notarized request on the law enforcement agency's form can cover a limited period of up to 12 months (or a shorter period set by local ordinance) when there is a fire hazard or the owner is absent, and a period of up to 12 months when the property is closed to the public and posted as closed. Under (o)(2), a request expires when ownership transfers or the person in lawful possession changes.

Subdivision (o) does not apply to lawful labor union activities permitted under the state Agricultural Labor Relations Act or the federal National Labor Relations Act. For housing authority property, it does not apply to people engaging in constitutionally protected activities, or to people on the premises at the request of a resident or management who are not loitering or otherwise suspected of violating or actually violating a law or ordinance.

602(t): a bar for people convicted of a crime on the property

Subdivision (t) applies "only to a person who has been convicted of a crime committed upon the particular private property." After a peace officer, acting at the owner's request, informs the person that the property is not open to them, entering or refusing to leave can violate (t). A single notification stays valid until the owner, the owner's agent, or the person in lawful possession rescinds it.

How long the bar can apply depends on the earlier conviction:

• Violent felony (as described in section 667.5(c)): "without time limitation."
• Any other felony: no more than five years from the date of conviction.
• Misdemeanor: no more than two years from the date of conviction.
• Infraction under section 490.1: no more than one year from the date of conviction.

The subdivision "does not apply to convictions for any other infraction."

What the prosecution has to prove

The Judicial Council of California publishes official jury instructions (CALCRIM, 2026 edition). This page quotes the two that cover subdivisions (k) and (m).

CALCRIM No. 2930, "Trespass: To Interfere With Business (Pen. Code, § 602(k))." The prosecution must prove that:

1. The defendant willfully entered land or a building belonging to someone else.
2. When the defendant entered, the defendant intended to damage someone else's property or property right, or to interfere with, obstruct, or damage a lawful business or occupation carried on by the owner, the owner's agent, or the person in lawful possession.
3. The defendant actually did damage that property or property right, or actually did interfere with, obstruct, or damage that business or occupation.

CALCRIM No. 2931, "Trespass: Unlawfully Occupying Property (Pen. Code, § 602(m))." The prosecution must prove that:

1. The defendant willfully entered land or a building belonging to someone else without the consent of the owner, the owner's agent, or the person in lawful possession.
2. After entering, the defendant occupied the land or building without that consent.
3. The defendant occupied some part of the land or building continuously until removed.

Both instructions define willfully the same way: "Someone commits an act willfully when he or she does it willingly or on purpose." CALCRIM No. 2931 adds: "It is not required that he or she intend to break the law, hurt someone else, or gain any advantage."

Penalties under 602 PC

Most of section 602 states no punishment of its own. The acts are declared misdemeanors, and Penal Code section 19 sets the general misdemeanor punishment:

"Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both."

Four subdivisions prescribe their own punishment:

Subdivision (h)(3) adds that subdivision (h) "does not preclude prosecution or punishment under any other law, including, but not limited to, grand theft or any provision that provides for a greater penalty or longer term of imprisonment."

When 602(o) can be an infraction

Penal Code section 19.8(a)(1)(B) lists "subdivision (o) of Section 602" among the offenses subject to section 17(d). Under section 17(d), such an offense is an infraction when the prosecutor files a complaint charging it as an infraction, unless the defendant, at arraignment and after being informed of their rights, elects to have the case proceed as a misdemeanor. It is also an infraction when the court, with the defendant's consent, determines that it is.

Section 19.8(a)(2) sets the fine for such an infraction at not more than $250, except where a lesser maximum is expressly provided. Section 19.8(c) adds that a conviction for an offense made an infraction this way is not grounds for suspending, revoking, or denying a license, or for revoking probation or parole, with exceptions for certain Vehicle Code violations.

Related sections

• Penal Code section 602.5 (dwellings). Entering or remaining in "any noncommercial dwelling house, apartment, or other residential place" without consent is a misdemeanor under 602.5(a). Under 602.5(b), doing so while a resident or another authorized person is present is "aggravated trespass," punishable by county jail up to one year, a fine up to $1,000, or both. Section 602.5(e) says it does not preclude prosecution under section 459. Official text.
• Penal Code section 459 (burglary). See our PC 459 explainer.
• Penal Code section 602.8 (cultivated, fenced, or posted land). Named in section 602's opening sentence as an exception. Under 602.8(b), a first offense is an infraction punishable by a $75 fine, a second offense on the same land or contiguous land of the same owner is an infraction punishable by a $250 fine, and a third or subsequent offense there is a misdemeanor. Official text.
• Penal Code section 601 (trespass after a credible threat). Covers making a credible threat to cause serious bodily injury and then, within 30 days, unlawfully entering the threatened person's residence or workplace with intent to carry out the threat, as the section describes. Section 601(d) allows imprisonment under section 1170(h), county jail up to one year, a fine up to $2,000, or both. Because section 17(a) treats a crime punishable under section 1170(h) as a felony, section 601 can be charged as a felony or as a misdemeanor. Official text.
• Penal Code sections 17, 19, and 19.8. Classification of offenses, the general misdemeanor punishment, and the infraction option quoted above. Section 17, section 19, section 19.8.

The official history note for section 602 reads: "Amended by Stats. 2023, Ch. 404, Sec. 1. (SB 602) Effective January 1, 2024." The note does not describe what that amendment changed.

Other statute explainers are collected in our statutes library.

What happens after an arrest for 602 PC

A "602" on a booking record is the arresting agency's charge, and it may not show the subdivision. The prosecutor decides which subdivision, if any, to file, and for subdivision (o) whether to file it as an infraction. The first court appearance, the arraignment, is where the filed charge is read.

Our California charge code lookup explains other booking codes, What Happens After You Get Arrested walks through booking, release, and arraignment, and California felony and misdemeanor classes explains how California grades offenses.

Disclaimer

This page explains what California Penal Code section 602 and the related sections quoted here say, as published on official state sources and checked on October 20, 2026. It is general legal information, not legal advice, and it does not create an attorney-client relationship. The subdivision charged and the facts of a case can change how a trespass charge is handled, so anyone facing one should speak with a criminal defense lawyer licensed in California.

Last updated: October 20, 2026.

Frequently Asked Questions

Is trespassing a misdemeanor in California?

Under section 602, a person who willfully commits a trespass by any of the listed acts is guilty of a misdemeanor, except as provided in subdivisions (u), (v), and (x) and section 602.8. Where a subdivision sets no penalty of its own, Penal Code section 19 allows county jail up to six months, a fine up to $1,000, or both.

Is trespassing ever a felony in California?

Section 602 itself declares the listed acts misdemeanors and sets no felony term. A separate section, 601, covers trespass after a credible threat to cause serious bodily injury and allows imprisonment under section 1170(h), county jail up to one year, a fine up to $2,000, or both. Under Penal Code section 17(a), a crime punishable by county jail under section 1170(h) is a felony, so section 601 can be charged as a felony or as a misdemeanor.

Can 602 PC be an infraction?

Subdivision (o), refusing to leave property not open to the public, is listed in Penal Code section 19.8 as an offense that can be an infraction under section 17(d), with a fine of not more than $250. Subdivision (x) also has an infraction tier with a fine of up to $100, and section 602.8 makes a first offense on posted or fenced land, and a second offense on the same land or contiguous land of the same landowner, infractions.

What is 602(m) PC?

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. CALCRIM No. 2931 requires proof that the defendant occupied some part of the property continuously until removed.

What is 602(k) PC?

Entering land to injure property or property rights, or with the intention of interfering with a lawful business carried on there. Under CALCRIM No. 2930, the prosecution must also prove the defendant actually did the damage or interference.

How long does a 602(t) trespass notice last?

A single notification stays valid until the owner rescinds it, but the subdivision limits how long it can apply: without time limit after a violent felony conviction, up to five years after any other felony, up to two years after a misdemeanor, and up to one year after an infraction under section 490.1. It applies only to a person convicted of a crime committed on that property.

What is the penalty for trespassing in a house in California?

Entering a dwelling without consent is covered by section 602.5. Section 602.5(a) makes it a misdemeanor, and 602.5(b) makes it aggravated trespass when a resident or other authorized person is present, punishable by county jail up to one year, a fine up to $1,000, or both.