Penal Code 602 is California’s trespassing statute — one of the longest in the criminal code, with dozens of subsections that each have their own elements and defenses.
The common versions are misdemeanors, and most carry up to six months in county jail — PC 602.1 is the exception, capped at 90 days and a $400 fine — and they are frequently resolvable without a conviction.
What PC 602 Covers
Penal Code 602 covers dozens of distinct types of trespass. The ones charged most often in San Francisco are:
- PC 602(o) — refusing to leave private property after being asked. The most common version.
- PC 602(m) — occupying property without the owner’s consent.
- PC 602(l) — entering locked or posted land.
- PC 602(q) — refusing to leave a public building during the hours it is regularly closed to the public.
- PC 602.1 — interfering with a business and refusing to leave when asked.
What the Prosecution Must Prove
For most PC 602 subsections, the elements are that you willfully entered or remained on the property; that the property was owned or controlled by someone else; that the owner, an agent, or a peace officer asked you to leave; and that you did not leave. Each of those elements is something the prosecution can fail to prove.
Penalties
The common PC 602 subsections are misdemeanors carrying up to six months in county jail and a $1,000 fine. PC 602.1 is different: a first offense is a misdemeanor carrying up to 90 days in county jail and/or a fine of up to $400.
Defenses
- No lawful authority to demand you leave. A random employee or a bystander is not enough — it must be the owner, a documented agent, or a peace officer.
- You had a right to be there. A customer, a tenant’s guest, a patient, or a user of a public space during open hours.
- First Amendment (protest cases). Trespass charges from protests and demonstrations bring forum analysis and content-neutral time, place, and manner rules into play.
- Judicial diversion (PC 1001.95) and mental health diversion (PC 1001.36) — both end in dismissal for eligible cases. See our trespassing defense page.
Why the Exact Subsection Matters
Because each PC 602 subsection has its own elements and its own defenses, the subsection printed on the citation determines which defenses apply and where the gaps in the prosecution’s proof are — which is why it should go to a lawyer first.
Frequently Asked Questions
Is trespassing a misdemeanor in California?
Yes. The common Penal Code 602 subsections — 602(o) refusing to leave private property, 602(m) occupying property without consent, 602(l) entering locked or posted land, and 602(q) refusing to leave a public building during the hours it is regularly closed to the public — are misdemeanors carrying up to six months in county jail and a $1,000 fine. PC 602.1 interfering with a business is also a misdemeanor, but carries a different penalty: up to 90 days in county jail and/or a fine of up to $400.
What does the prosecution have to prove in a PC 602 case?
For most PC 602 subsections: that you willfully entered or remained on the property; that the property was owned or controlled by someone else; that the owner, an agent, or a peace officer asked you to leave; and that you did not leave.
What are common defenses to a trespassing charge?
That the person who told you to leave had no lawful authority to; that you had a right to be there (a customer, a tenant's guest, a patient, or a user of a public space during open hours); and, in protest cases, First Amendment defenses. Judicial diversion under PC 1001.95 can also end the case in dismissal.
Can a trespassing case be dismissed?
Yes. Trespassing is a strong candidate for judicial misdemeanor diversion under PC 1001.95 — complete the court's conditions and the case is dismissed with no guilty plea. Mental health diversion under PC 1001.36 is available where a qualifying condition contributed to the offense.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com