Trespass

Penal Code 602(k)

Penal Code 602(k): (k) 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.

CALCRIM 2930

The defendant is charged [in Count ] with trespassing [in violation of Penal Code section 602(k)].

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant willfully entered (land/ [or] a building) belonging to someone else;

2. When the defendant entered, (he/she) 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 of the land[,]/ [or] owner's agent[,]/ [or] person in lawful possession of the land));

AND

3. The defendant actually did (damage someone else's property [or property right]/ [or] interfere with, obstruct, or damage a lawful business or occupation carried on by the (owner of the land[,]/ [or] owner's agent[,]/ [or] person in lawful possession of the land)).

Someone commits an act willfully when he or she does it willingly or on purpose.

[An agent is a person who is authorized to act for someone else in dealings with third parties.]

BENCH NOTES

The statute uses the term “injure.” (Pen. Code, § 602(k).) The committee has replaced the word “injure” with the word “damage” because the word “injure” generally refers to harm to a person rather than to property.

• Elements. Pen. Code, § 602(k).

• Willfully Defined. Pen. Code, § 7(1); People v. Lara (1996) 44 Cal.App.4th 102, 107 [51 Cal.Rptr.2d 402].

• Actual Damage Required. In re Wallace (1970) 3 Cal.3d 289, 295 [90 Cal.Rptr. 176, 475 P.2d 208]; In re Ball (1972) 23 Cal.App.3d 380, 386 [100 Cal.Rptr. 189].

• “Land” Includes Building on the Land. People v. Brown (1965) 236 Cal.App.2d Supp. 915, 917–919 [47 Cal.Rptr. 662].

• Agent Defined. Civ. Code, § 2295.

In re Wallace (1970) 3 Cal.3d 289, 295 [interpreting former 602(j), currently 602(k), about distribution of leaflets at county fair]; In re Ball (1972) 23 Cal.App.3d 380, 386 [interpreting former 602(j), currently 602(k), about signature-gathering at Disneyland.]