Malicious Mischief — California Penal Code — Unlawful entry of lands under cultivation or enclosed by fence, or uncultivated lands or unenclosed lands posted with no trespass signs

15 Sep 2016

Current through the 2016 Legislative Session

(a) 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 any lands under cultivation or enclosed by fence, belonging to, or occupied by, another, or who willfully enters upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands, is guilty of a public offense.
(b) Any person convicted of a violation of subdivision (a) shall be punished as follows:
(1) A first offense is an infraction punishable by a fine of seventy-five dollars ($75).
(2) A second offense on the same land or any contiguous land of the same landowner, without the permission of the landowner, the landowner's agent, or the person in lawful possession of the land, is an infraction punishable by a fine of two hundred fifty dollars ($250).
(3) A third or subsequent offense on the same land or any contiguous land of the same landowner, without the permission of the landowner, the landowner's agent, or the person in lawful possession of the land, is a misdemeanor.
(c) Subdivision (a) shall not apply to any of the following:
(1) Any person engaged in lawful labor union activities which are permitted to be carried out on property by the California Agricultural Labor Relations Act, Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code, or by the National Labor Relations Act.
(2) Any person on the premises who is engaging in activities protected by the California or United States Constitution.
(3) Any person described in Section 22350 of the Business and Professions Code who is making a lawful service of process.
(4) Any person licensed pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code who is engaged in the lawful practice of land surveying as authorized by Section 846.5 of the Civil Code.
(d) For any infraction charged pursuant to this section, the defendant shall have the option to forfeit bail in lieu of making a court appearance. Notwithstanding subdivision (e) of Section 853.6, if the offender elects to forfeit bail pursuant to this subdivision, no further proceedings shall be had in the case.
Ca. Pen. Code § 602.8
Amended by Stats 2003 ch 101 (AB 924), s 1, eff. 1/1/2004.