What code section is violated by a trespass on private property?

California trespass statutes

There is no single California code section for every trespass. For a person who willfully enters certain land without written permission, the commonly applicable provision is Cal. Penal Code, § 602.8, which covers land under cultivation or enclosed by a fence, and certain unenclosed land posted with specified signs.

Other facts may point to a different provision of Cal. Penal Code, § 602, including entering and occupying real property without the consent of the owner or lawful possessor, or refusing to leave property after being asked. A nonconsensual entry into a noncommercial dwelling may be covered by Cal. Penal Code, § 602.5.

“Any person who without the written permission of the landowner, the owner’s agent, or the person in lawful possession of the land, willfully enters” the specified land “is guilty of a public offense.”[1]

The applicable section depends on the property and circumstances, including whether it is a residence, whether it is fenced or posted, and whether the person was asked to leave.

Sources & References

  1. California Penal Code § 602

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