Loading (50 kb)...'
(continued) y person is guilty of trespass who makes a credible
threat to cause serious bodily injury, as defined in subdivision (a)
of Section 417.6, to another person with the intent to place that
other person in reasonable fear for his or her safety, or the safety
of his or her immediate family, as defined in subdivision (l) of
Section 646.9, and who does any of the following:
(1) Within 30 days of the threat, unlawfully enters into the
residence or real property contiguous to the residence of the person
threatened without lawful purpose, and with the intent to execute the
threat against the target of the threat.
(2) Within 30 days of the threat, knowing that the place is the
threatened person's workplace, unlawfully enters into the workplace
of the person threatened and carries out an act or acts to locate the
threatened person within the workplace premises without lawful
purpose, and with the intent to execute the threat against the target
of the threat.
(b) Subdivision (a) shall not apply if the residence, real
property, or workplace described in paragraph (1) or (2) that is
entered is the residence, real property, or workplace of the person
making the threat.
(c) This section shall not apply to any person who is engaged in
labor union activities which are permitted to be carried out on the
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.
(d) A violation of this section shall be punishable by
imprisonment in the state prison, or by imprisonment in a county jail
not exceeding one year, or by a fine not exceeding two thousand
dollars ($2,000), or by both a fine and imprisonment.
602. Except as provided in paragraph (2) of subdivision (v),
subdivision (x), and Section 602.8, every person who willfully
commits a trespass by any of the following acts is guilty of a
misdemeanor:
(a) Cutting down, destroying, or injuring any kind of wood or
timber standing or growing upon the lands of another.
(b) Carrying away any kind of wood or timber lying on those lands.
(c) Maliciously injuring or severing from the freehold of another
anything attached to it, or its produce.
(d) Digging, taking, or carrying away from any lot situated within
the limits of any incorporated city, without the license of the
owner or legal occupant, any earth, soil, or stone.
(e) Digging, taking, or carrying away from land in any city or
town laid down on the map or plan of the city, or otherwise
recognized or established as a street, alley, avenue, or park,
without the license of the proper authorities, any earth, soil, or
stone.
(f) Maliciously tearing down, damaging, mutilating, or destroying
any sign, signboard, or notice placed upon, or affixed to, any
property belonging to the state, or to any city, county, city and
county, town or village, or upon any property of any person, by the
state or by an automobile association, which sign, signboard or
notice is intended to indicate or designate a road, or a highway, or
is intended to direct travelers from one point to another, or relates
to fires, fire control, or any other matter involving the protection
of the property, or putting up, affixing, fastening, printing, or
painting upon any property belonging to the state, or to any city,
county, town, or village, or dedicated to the public, or upon any
property of any person, without license from the owner, any notice,
advertisement, or designation of, or any name for any commodity,
whether for sale or otherwise, or any picture, sign, or device
intended to call attention to it.
(g) Entering upon any lands owned by any other person whereon
oysters or other shellfish are planted or growing; or injuring,
gathering, or carrying away any oysters or other shellfish planted,
growing, or on any of those lands, whether covered by water or not,
without the license of the owner or legal occupant; or damaging,
destroying, or removing, or causing to be removed, damaged, or
destroyed, any stakes, marks, fences, or signs intended to designate
the boundaries and limits of any of those lands.
(h) (1) Entering upon lands or buildings owned by any other person
without the license of the owner or legal occupant, where signs
forbidding trespass are displayed, and whereon cattle, goats, pigs,
sheep, fowl, or any other animal is being raised, bred, fed, or held
for the purpose of food for human consumption; or injuring,
gathering, or carrying away any animal being housed on any of those
lands, without the license of the owner or legal occupant; or
damaging, destroying, or removing, or causing to be removed, damaged,
or destroyed, any stakes, marks, fences, or signs intended to
designate the boundaries and limits of any of those lands.
(2) In order for there to be a violation of this subdivision, the
trespass signs under paragraph (1) must be displayed at intervals not
less than three per mile along all exterior boundaries and at all
roads and trails entering the land.
(3) This subdivision shall not be construed to preclude
prosecution or punishment under any other provision of law,
including, but not limited to, grand theft or any provision that
provides for a greater penalty or longer term of imprisonment.
(i) Willfully opening, tearing down, or otherwise destroying any
fence on the enclosed land of another, or opening any gate, bar, or
fence of another and willfully leaving it open without the written
permission of the owner, or maliciously tearing down, mutilating, or
destroying any sign, signboard, or other notice forbidding shooting
on private property.
(j) Building fires upon any lands owned by another where signs
forbidding trespass are displayed at intervals not greater than one
mile along the exterior boundaries and at all roads and trails
entering the lands, without first having obtained written permission
from the owner of the lands or the owner's agent, or the person in
lawful possession.
(k) Entering any lands, whether unenclosed or enclosed by fence,
for the purpose of injuring any property or property rights or with
the intention of interfering with, obstructing, or injuring any
lawful business or occupation carried on by the owner of the land,
the owner's agent or by the person in lawful possession.
(l) Entering any lands under cultivation or enclosed by fence,
belonging to, or occupied by, another, or entering 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 without the
written permission of the owner of the land, the owner's agent or of
the person in lawful possession, and
(1) Refusing or failing to leave the lands immediately upon being
requested by the owner of the land, the owner's agent or by the
person in lawful possession to leave the lands, or
(2) Tearing down, mutilating, or destroying any sign, signboard,
or notice forbidding trespass or hunting on the lands, or
(3) Removing, injuring, unlocking, or tampering with any lock on
any gate on or leading into the lands, or
(4) Discharging any firearm.
(m) 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.
(n) Driving any vehicle, as defined in Section 670 of the Vehicle
Code, upon real property belonging to, or lawfully occupied by,
another and known not to be open to the general public, without the
consent of the owner, the owner's agent, or the person in lawful
possession. This subdivision shall not apply to any person described
in Section 22350 of the Business and Professions Code who is making a
lawful service of process, provided that upon exiting the vehicle,
the person proceeds immediately to attempt the service of process,
and leaves immediately upon completing the service of process or upon
the request of the owner, the owner's agent, or the person in lawful
possession.
(o) Refusing or failing to leave land, real property, or
structures belonging to or lawfully occupied by another and not open
to the general public, upon being requested to leave by (1) a peace
officer at the request of the owner, the owner's agent, or the person
in lawful possession, and upon being informed by the peace officer
that he or she is acting at the request of the owner, the owner's
agent, or the person in lawful possession, or (2) the owner, the
owner's agent, or the person in lawful possession. The owner, the
owner's agent, or the person in lawful possession shall make a
separate request to the peace officer on each occasion when the peace
officer's assistance in dealing with a trespass is requested.
However, a single request for a peace officer's assistance may be
made to cover a limited period of time not to exceed 30 days and
identified by specific dates, during which there is a fire hazard or
the owner, owner's agent or person in lawful possession is absent
from the premises or property. In addition, a single request for a
peace officer's assistance may be made for a period not to exceed six
months when the premises or property is closed to the public and
posted as being closed. However, this subdivision shall not be
applicable to persons engaged in lawful labor union activities which
are permitted to be carried out on the 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. For purposes of this section, land, real property, or
structures owned or operated by any housing authority for tenants as
defined under Section 34213.5 of the Health and Safety Code
constitutes property not open to the general public; however, this
subdivision shall not apply to persons on the premises who are
engaging in activities protected by the California or United States
Constitution, or to persons who are on the premises at the request of
a resident or management and who are not loitering or otherwise
suspected of violating or actually violating any law or ordinance.
(p) Entering upon any lands declared closed to entry as provided
in Section 4256 of the Public Resources Code, if the closed areas
shall have been posted with notices declaring the closure, at
intervals not greater than one mile along the exterior boundaries or
along roads and trails passing through the lands.
(q) Refusing or failing to leave a public building of a public
agency during those hours of the day or night when the building is
regularly closed to the public upon being requested to do so by a
regularly employed guard, watchman, or custodian of the public agency
owning or maintaining the building or property, if the surrounding
circumstances would indicate to a reasonable person that the person
has no apparent lawful business to pursue.
(r) Knowingly skiing in an area or on a ski trail which is closed
to the public and which has signs posted indicating the closure.
(s) Refusing or failing to leave a hotel or motel, where he or she
has obtained accommodations and has refused to pay for those
accommodations, upon request of the proprietor or manager, and the
occupancy is exempt, pursuant to subdivision (b) of Section 1940 of
the Civil Code, from Chapter 2 (commencing with Section 1940) of
Title 5 of Part 4 of Division 3 of the Civil Code. For purposes of
this subdivision, occupancy at a hotel or motel for a continuous
period of 30 days or less shall, in the absence of a written
agreement to the contrary, or other written evidence of a periodic
tenancy of indefinite duration, be exempt from Chapter 2 (commencing
with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil
Code.
(t) Entering upon private property, including contiguous land,
real property, or structures thereon belonging to the same owner,
whether or not generally open to the public, after having been
informed by a peace officer at the request of the owner, the owner's
agent, or the person in lawful possession, and upon being informed by
the peace officer that he or she is acting at the request of the
owner, the owner's agent, or the person in lawful possession, that
the property is not open to the particular person; or refusing or
failing to leave the property upon being asked to leave the property
in the manner provided in this subdivision.
This subdivision shall apply only to a person who has been
convicted of a violent felony, as specified in subdivision (c) of
Section 667.5, committed upon the particular private property. A
single notification or request to the person as set forth above shall
be valid and enforceable under this subdivision unless and until
rescinded by the owner, the owner's agent, or the person in lawful
possession of the property.
(u) (1) Knowingly entering, by an unauthorized person, upon any
airport or passenger vessel terminal operations area if the area has
been posted with notices restricting access to authorized personnel
only and the postings occur not greater than every 150 feet along the
exterior boundary, to the extent, in the case of a passenger vessel
terminal, as defined in subparagraph (B) of paragraph (3), that the
exterior boundary extends shoreside. To the extent that the exterior
boundary of a passenger vessel terminal operations area extends
waterside, this prohibition shall apply if notices have been posted
in a manner consistent with the requirements for the shoreside
exterior boundary, or in any other manner approved by the captain of
the port.
(2) Any person convicted of a violation of paragraph (1) shall be
punished as follows:
(A) By a fine not exceeding one hundred dollars ($100).
(B) By imprisonment in the county jail not exceeding six months,
or by a fine not exceeding one thousand dollars ($1,000), or both, if
the person refuses to leave the airport or passenger vessel terminal
after being requested to leave by a peace officer or authorized
personnel.
(C) By imprisonment in the county jail not exceeding six months,
or by a fine not exceeding one thousand dollars ($1,000), or both,
for a second or subsequent offense.
(3) As used in this subdivision the following definitions shall
control:
(A) "Airport operations area" means that part of the airport used
by aircraft for landing, taking off, surface maneuvering, loading and
unloading, refueling, parking, or maintenance, where aircraft
support vehicles and facilities exist, and which is not for public
use or public vehicular traffic.
(B) "Passenger vessel terminal" means only that portion of a
harbor or port facility, as described in Section 105.105(a)(2) of
Title 33 of the Code of Federal Regulations, with a secured area that
regularly serves scheduled commuter or passenger operations. For the
purposes of this section, "passenger vessel terminal" does not
include any area designated a public access area pursuant to Section
105.106 of Title 33 of the Code of Federal Regulations.
(C) "Authorized personnel" means any person who has a valid
airport identification card issued by the airport operator or has a
valid airline identification card recognized by the airport operator,
or any person not in possession of an airport or airline
identification card who is being escorted for legitimate purposes by
a person with an airport or airline identification card. "Authorized
personnel" also means any person who has a valid port identification
card issued by the harbor operator, or who has a valid company
identification card issued by a commercial maritime enterprise
recognized by the harbor operator, or any other person who is being
escorted for legitimate purposes by a person with a valid port or
qualifying company identification card.
(D) "Airport" means any facility whose function is to support
commercial aviation.
(v) (1) Except as permitted by federal law, intentionally avoiding
submission to the screening and inspection of one's person and
accessible property in accordance with the procedures being applied
to control access when entering or reentering a sterile area of an
airport or passenger vessel terminal, as defined in Section 171.5.
(2) A violation of this subdivision that is responsible for the
evacuation of an airport terminal or passenger vessel terminal and is
responsible in any part for delays or cancellations of scheduled
flights or departures is punishable by imprisonment of not more than
one year in a county jail if the sterile area is posted with a
statement providing reasonable notice that prosecution may result
from a trespass described in this subdivision.
(w) Refusing or failing to leave a battered women's shelter at any
time after being requested to leave by a managing authority of the
shelter.
(1) A person who is convicted of violating this subdivision shall
be punished by imprisonment in a county jail for not more than one
year.
(2) The court may order a defendant who is convicted of violating
this subdivision to make restitution to a battered woman in an amount
equal to the relocation expenses of the battered woman and her
children if those expenses are incurred as a result of trespass by
the defendant at a battered women's shelter.
(x) (1) Knowingly entering or remaining in a neonatal unit,
maternity ward, or birthing center located in a hospital or clinic
without lawful business to pursue therein, if the area has been
posted so as to give reasonable notice restricting access to those
with lawful business to pursue therein and the surrounding
circumstances would indicate to a reasonable person that he or she
has no lawful business to pursue therein. Reasonable notice is that
which would give actual notice to a reasonable person, and is posted,
at a minimum, at each entrance into the area.
(2) Any person convicted of a violation of paragraph (1) shall be
punished as follows:
(A) As an infraction, by a fine not exceeding one hundred dollars
($100).
(B) By imprisonment in a county jail not exceeding one year, or by
a fine not exceeding one thousand dollars ($1,000), or both, if the
person refuses to leave the posted area after being requested to
leave by a peace officer or other authorized person.
(C) By imprisonment in a county jail not exceeding one year, or by
a fine not exceeding two thousand dollars ($2,000), or both, for a
second or subsequent offense.
(D) If probation is granted or the execution or imposition of
sentencing is suspended for any person convicted under this
subdivision, it shall be a condition of probation that the person
participate in counseling, as designated by the court, unless the
court finds good cause not to impose this requirement. The court
shall require the person to pay for this counseling, if ordered,
unless good cause not to pay is shown.
(y) Except as permitted by federal law, intentionally avoiding
submission to the screening and inspection of one's person and
accessible property in accordance with the procedures being applied
to control access when entering or reentering a courthouse or a city,
county, city and county, or state building if entrances to the
courthouse or the city, county, city and county, or state building
have been posted with a statement providing reasonable notice that
prosecution may result from a trespass described in this subdivision.
602.1. (a) Any person who intentionally interferes with any lawful
business or occupation carried on by the owner or agent of a business
establishment open to the public, by obstructing or intimidating
those attempting to carry on business, or their customers, and who
refuses to leave the premises of the business establishment after
being requested to leave by the owner or the owner's agent, or by a
peace officer acting at the request of the owner or owner's agent, is
guilty of a misdemeanor, punishable by imprisonment in a county jail
for up to 90 days, or by a fine of up to four hundred dollars
($400), or by both that imprisonment and fine.
(b) Any person who intentionally interferes with any lawful
business carried on by the employees of a public agency open to the
public, by obstructing or intimidating those attempting to carry on
business, or those persons there to transact business with the public
agency, and who refuses to leave the premises of the public agency
after being requested to leave by the office manager or a supervisor
of the public agency, or by a peace officer acting at the request of
the office manager or a supervisor of the public agency, is guilty of
a misdemeanor, punishable by imprisonment in a county jail for up to
90 days, or by a fine of up to four hundred dollars ($400), or by
both that imprisonment and fine.
(c) This section shall not apply to any of the following persons:
(1) Any person engaged in lawful labor union activities that are
permitted to be carried out on the property by state or federal law.
(2) Any person on the premises who is engaging in activities
protected by the California Constitution or the United States
Constitution.
(d) Nothing in this section shall be deemed to supersede the
application of any other law.
602.2. Any ordinance or resolution adopted by a county which
requires written permission to enter vacant or unimproved private
land from either the owner, the owner's agent, or the person in
lawful possession of private land, shall not apply unless the land is
immediately adjacent and contiguous to residential property, or
enclosed by fence, or under cultivation, or posted with signs
forbidding trespass, displayed at intervals of not less than three to
a mile, along all exterior boundaries and at all roads and trails
entering the private land.
602.3. (a) A lodger who is subject to Section 1946.5 of the Civil
Code and who remains on the premises of an owner-occupied dwelling
unit after receipt of a notice terminating the hiring, and expiration
of the notice period, provided in Section 1946.5 of the Civil Code
is guilty of an infraction and may, pursuant to Section 837, be
arrested for the offense by the owner, or in the event the owner is
represented by a court-appointed conservator, executor, or
administrator, by the owner's representative. Notwithstanding
Section 853.5, the requirement of that section for release upon a
written promise to appear shall not preclude an assisting peace
officer from removing the person from the owner-occupied dwelling
unit.
(b) The removal of a lodger from a dwelling unit by the owner
pursuant to subdivision (a) is not a forcible entry under the
provisions of Section 1159 of the Code of Civil Procedure and shall
not be a basis for civil liability under that section.
(c) Chapter 5 (commencing with Section 1980) of Title 5 of Part 4
of Division 3 of the Civil Code applies to any personal property of
the lodger which remains on the premises following the lodger's
removal from the premises pursuant to this section.
(d) Nothing in this section shall be construed to limit the owner'
s right to have a lodger removed under other provisions of law.
(e) Except as provided in subdivision (b), nothing in this section
shall be construed to limit or affect in any way any cause of action
an owner or lodger may have for damages for any breach of the
contract of the parties respecting the lodging.
(f) This section applies only to owner-occupied dwellings where a
single lodger resides. Nothing in this section shall be construed to
determine or affect in any way the rights of persons residing as
lodgers in an owner-occupied dwelling where more than one lodger
resides.
602.4. Every person who enters or remains on airport property owned
by a city, county, or city and county but located in another county,
and sells, peddles, or offers for sale any goods, merchandise,
property, or services of any kind whatsoever, to members of the
public, including transportation services, other than charter
limousines licensed by the Public Utilities Commission, on or from
the airport property, without the express written consent of the
governing board of the airport property, or its duly authorized
representative, is guilty of a misdemeanor.
Nothing in this section affects the power of a county, city, or
city and county to regulate the sale, peddling or offering for sale
of goods, merchandise, property, or services.
602.5. (a) Every person other than a public officer or employee
acting within the course and scope of his or her employment in
performance of a duty imposed by law, who enters or remains in any
noncommercial dwelling house, apartment, or other residential place
without consent of the owner, his or her agent, or the person in
lawful possession thereof, is guilty of a misdemeanor.
(b) Every person other than a public officer or an employee acting
within the course and scope of his employment in performance of a
duty imposed by law, who, without the consent of the owner, his or
her agent, or the person in lawful possession thereof, enters or
remains in any noncommercial dwelling house, apartment, or other
residential place while a resident, or another person authorized to
be in the dwelling, is present at any time during the course of the
incident is guilty of aggravated trespass punishable by imprisonment
in a county jail for not more than one year or by a fine of not more
than one thousand dollars ($1,000), or by both that fine and
imprisonment.
(c) If the court grants probation, it may order a person convicted
of a misdemeanor under subdivision (b) to up to three years of
supervised probation. It shall be a condition of probation that the
person participate in counseling, as designated by the court.
(d) If a person is convicted of a misdemeanor under subdivision
(b), the sentencing court shall also consider issuing an order
restraining the defendant from any contact with the victim, that may
be valid for up to three years, as determined by the court. In
determining the length of the restraining order, the court shall
consider, among other factors, the seriousness of the facts before
the court, the probability of future violations, and the safety of
the victim and his or her immediate family.
(e) Nothing in this section shall preclude prosecution under
Section 459 or any other provision of law.
602.6. Every person who enters or remains in, or upon, any state,
county, district, or citrus fruit fair buildings or grounds, when the
buildings or grounds are not open to the general public, after
having been ordered or directed by a peace officer or a fair manager
to leave the building or grounds and when the order or direction to
leave is issued after determination that the person has no apparent
lawful business or other legitimate reason for remaining on the
property, and fails to identify himself or herself and account for
his or her presence, is guilty of a misdemeanor.
602.7. Every person who enters or remains on any property,
facility, or vehicle owned by the San Francisco Bay Area Rapid
Transit District or the Southern California Rapid Transit District,
and sells or peddles any goods, merchandise, property, or services of
any kind whatsoever on the property, facilities, or vehicles,
without the express written consent of the governing board of the San
Francisco Bay Area Rapid Transit District or the governing board of
the Southern California Rapid Transit District, or its duly
authorized representatives, is guilty of an infraction.
Nothing in this section affects the power of a county, city,
transit district, or city and county to regulate the sale or peddling
of goods, merchandise, property, or services.
602.8. (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.
602.9. (a) Except as provided in subdivision (c), any person who,
without the owner's or owner's agent's consent, claims ownership or
claims or takes possession of a residential dwelling for the purpose
of renting that dwelling to another is guilty of a misdemeanor
punishable by imprisonment in a county jail not exceeding six months,
or by a fine not exceeding one thousand dollars ($1,000), or by both
such imprisonment and fine. Each violation is a separate offense.
(b) Except as provided in subdivision (c), any person who, without
the owner's or owner's agent's consent, causes another person to
enter or remain in any residential dwelling for the purpose of
renting that dwelling to another, is guilty of a misdemeanor
punishable by imprisonment in a county jail not exceeding six months,
or by a fine not exceeding one thousand dollars ($1,000), or by both
such imprisonment and fine. Each violation is a separate offense.
(c) This section does not apply to any tenant, subtenant, lessee,
sublessee, or assignee, nor to any other hirer having a lawful
occupancy interest in the residential dwelling.
602.10. Every person who, by physical force and with the intent to
prevent attendance or instruction, willfully obstructs or attempts to
obstruct any student or teacher seeking to attend or instruct
classes at any of the campuses or facilities owned, controlled, or
administered by the Regents of the University of California, the
Trustees of the California State University, or the governing board
of a community college district shall be punished by a fine not
exceeding five hundred dollars ($500), by imprisonment in a county
jail for a period of not exceeding one year, or by both such fine and
imprisonment.
As used in this section, "physical force" includes, but is not
limited to, use of one's person, individually or in concert with
others, to impede access to, or movement within, or otherwise to
obstruct the students and teachers of the classes to which the
premises are devoted.
602.11. (a) Any person, alone or in concert with others, who
intentionally prevents an individual from entering or exiting a
health care facility, place of worship, or school by physically
detaining the individual or physically obstructing the individual's
passage shall be guilty of a misdemeanor punishable by imprisonment
in the county jail, or a fine of not more than two hundred fifty
dollars ($250), or both, for the first offense; imprisonment in the
county jail for not less than five days and a fine of not more than
five hundred dollars ($500) for the second offense; and imprisonment
in the county jail for not less than 30 days and a fine of not more
than two thousand dollars ($2,000) for a third or subsequent offense.
However, the court may order the defendant to perform community
service, in lieu of any fine or any imprisonment imposed under this
section, if it determines that paying the fine would result in undue
hardship to the defendant or his or her dependents.
(b) As used in subdivision (a), the following terms have the
following meanings:
(1) "Physically" does not include speech.
(2) "Health care facility" means a facility licensed pursuant to
Chapter 1 (commencing with Section 1200) of Division 2 of the Health
and Safety Code, a health facility licensed pursuant to Chapter 2
(commencing with Section 1250) of Division 2 of the Health and Safety
Code, or any facility where medical care is regularly provided to
individuals by persons licensed under Division 2 (commencing with
Section 500) of the Business and Professions Code, the Osteopathic
Initiative Act, or the Chiropractic Initiative Act.
(3) "Person" does not include an officer, employee, or agent of
the health care facility, or a law enforcement officer, acting in the
course of his or her employment.
(c) This section shall not be interpreted to prohibit any lawful
activities permitted under the laws of the State of California or by
the National Labor Relations Act in connection with a labor dispute.
603. Every person other than a peace officer engaged in the
performance of his duties as such who forcibly and without the
consent of the owner, representative of the owner, lessee or
representative of the lessee thereof, enters a dwelling house, cabin,
or other building occupied or constructed for occupation by humans,
and who damages, injures or destroys any property of value in, around
or appertaining to such dwelling house, cabin or other building, is
guilty of a misdemeanor.
604. Every person who maliciously injures or destroys any standing
crops, grain, cultivated fruits or vegetables, the property of
another, in any case for which a punishment is not otherwise
prescribed by this Code, is guilty of a misdemeanor.
605. Every person who either:
1. Maliciously removes any monument erected for the purpose of
designating any point in the boundary of any lot or tract of land, or
a place where a subaqueous telegraph cable lies; or,
2. Maliciously defaces or alters the marks upon any such monument;
or,
3. Maliciously cuts down or removes any tree upon which any such
marks have been made for such purpose, with intent to destroy such
marks;
--Is guilty of a misdemeanor.
607. Every person who willfully and maliciously cuts, breaks,
injures, or destroys, or who, without the authority of the owner or
managing agent, operates any gate or control of, any bridge, dam,
canal, flume, aqueduct, levee, embankment, reservoir, or other
structure erected to create hydraulic power, or to drain or reclaim
any swamp, overflow, tide, or marsh land, or to store or conduct
water for mining, manufacturing, reclamation, or agricultural
purposes, or for the supply of the inhabitants of any city or town,
or any embankment necessary to the same, or either of them, or
willfully or maliciously makes, or causes to be made, any aperture or
plows up the bottom or sides in the dam, canal, flume, aqueduct,
reservoir, embankment, levee, or structure, with intent to injure or
destroy the same; or draws up, cuts, or injures any piles fixed in
the ground for the purpose of securing any sea bank, sea wall, dock,
quay, jetty, or lock; or who, between the first day of October and
the fifteenth day of April of each year, plows up or loosens the soil
in the bed on the side of any natural water course, reclamation
ditch, or drainage ditch, with an intent to destroy the same without
removing the soil within 24 hours from the water course, reclamation
ditch, or drainage ditch, or who, between the fifteenth day of April
and the first day of October of each year, plows up or loosens the
soil in the bed or on the sides of the natural water course,
reclamation ditch, or drainage ditch, with an intent to destroy the
same and does not remove therefrom the soil so plowed up or loosened
before the first day of October next thereafter, is guilty of
vandalism under Section 594. Nothing in this section shall be
construed so as to in any manner prohibit any person from digging or
removing soil from any water course, reclamation ditch, or drainage
ditch for the purpose of mining.
610. Every person who unlawfully masks, alters, or removes any
light or signal, or willfully exhibits any light or signal, with
intent to bring any vessel into danger, is punishable by imprisonment
in the state prison.
615. Every person who willfully injures, defaces, or removes any
signal, monument, building, or appurtenance thereto, placed, erected,
or used by persons engaged in the United States Coast Survey, is
guilty of a misdemeanor.
616. Every person who intentionally defaces, obliterates, tears
down, or destroys any copy or transcript, or extract from or of any
law of the United States or of this State, or any proclamation,
advertisement, or notification set up at any place in this State, by
authority of any law of the United States or of this State, or by
order of any Court, before the expiration of the time for which the
same was to remain set up, is punishable by fine not less than twenty
nor more than one hundred dollars, or by imprisonment in the County
Jail not more than one month.
617. Every person who maliciously mutilates, tears, defaces,
obliterates, or destroys any written instrument, the property of
another, the false making of which would be forgery, is punishable by
imprisonment in the state prison.
618. Every person who willfully opens or reads, or causes to be
read, any sealed letter not addressed to himself, without being
authorized so to do, either by the writer of such letter or by the
person to whom it is addressed, and every person who, without the
like authority, publishes any of the contents of such letter, knowing
the same to have been unlawfully opened, is guilty of a misdemeanor.
620. Every person who willfully alters the purport, effect, or
meaning of a telegraphic or telephonic message to the injury of
another, is punishable by imprisonment in the state prison, or in the
county jail not exceeding one year, or by fine not exceeding ten
thousand dollars ($10,000), or by both such fine and imprisonment.
621. Every person who maliciously destroys, cuts, breaks,
mutilates, effaces, or otherwise injures, tears down, or removes any
law enforcement memorial or firefighter's memorial is guilty of a
crime punishable by imprisonment in the state prison or by
imprisonment in the county jail for less than one year.
622. Every person, not the owner thereof, who willfully injures,
disfigures, or destroys any monument, work of art, or useful or
ornamental improvement within the limits of any village, town, or
city, or any shade tree or ornamental plant growing therein, whether
situated upon private ground or on any street, sidewalk, or public
park or place, is guilty of a misdemeanor.
6221/2. Every person, not the owner thereof, who wilfully injures,
disfigures, defaces, or destroys any object or thing of archeological
or historical interest or value, whether situated on private lands
or within any public park or place, is guilty of a misdemeanor.
623. (a) Except as otherwise provided in Section 599c, any person
who, without the prior written permission of the owner of a cave,
intentionally and knowingly does any of the following acts is guilty
of a misdemeanor punishable by imprisonment in the county jail not
exceeding one year, or by a fine not exceeding one thousand dollars
($1,000), or by both such fine and imprisonment:
(1) Breaks, breaks off, cracks, carves upon, paints, writes or
otherwise marks upon or in any manner destroys, mutilates, injures,
defaces, mars, or harms any natural material found in any cave.
(2) Disturbs or alters any archaeological evidence of prior
occupation in any cave.
(3) Kills, harms, or removes any animal or plant life found in any
cave.
(4) Burns any material which produces any smoke or gas which is
harmful to any plant or animal found in any cave.
(5) Removes any material found in any cave.
(6) Breaks, forces, tampers with, removes or otherwise disturbs
any lock, gate, door, or any other structure or obstruction designed
to prevent entrance to any cave, whether or not entrance is gained.
(b) For purposes of this section:
(1) "Cave" means any natural geologically formed void or cavity
beneath the surface of the earth, not including any mine, tunnel,
aqueduct, or other manmade excavation, which is large enough to
permit a person to enter.
(2) "Owner" means the person or private or public agency which has
the right of possession to the cave.
(3) "Natural material" means any stalactite, stalagmite,
helictite, anthodite, gypsum flower or needle, flowstone, drapery,
column, tufa dam, clay or mud formation or concretion, crystalline
mineral formation, and any wall, ceiling, or mineral protuberance
therefrom, whether attached or broken, found in any cave.
(4) "Material" means all or any part of any archaeological,
paleontological, biological, or historical item including, but not
limited to, any petroglyph, pictograph, basketry, human remains,
tool, beads, pottery, projectile point, remains of historical mining
activity or any other occupation found in any cave.
(c) The entering or remaining in a cave by itself shall not
constitute a violation of this section.
624. Every person who wilfully breaks, digs up, obstructs, or
injures any pipe or main for conducting water, or any works erected
for supplying buildings with water, or any appurtenances or
appendages connected thereto, is guilty of a misdemeanor.
625. Every person who, with intent to defraud or injure, opens or
causes to be opened, or draws water from any stopcock or faucet by
which the flow of water is controlled, after having been notified
that the same has been closed or shut for specific cause, by order of
competent authority, is guilty of a misdemeanor.
625b. (a) Every person who willfully injures or tampers with any
aircraft or the contents or parts thereof, or removes any part of or
from an aircraft without the consent of the owner, and every person
who, with intent to commit any malicious mischief, injury or other
crime, climbs into or upon an aircraft or attempts to manipulate any
of the controls, starting mechanism, brakes or other mechanism or
device of an aircraft while it is at rest and unattended or who sets
in motion any aircraft while it is at rest and unattended, is guilty
of a misdemeanor and upon conviction shall be punished by
imprisonment for not more than six months or by a fine of not more
than one thousand dollars ($1,000), or by both such fine and
imprisonment.
(b) Every person who willfully and maliciously damages, injures,
or destroys any aircraft, or the contents or any part thereof, in
such a manner as to render the aircraft unsafe for those flight
operations for which it is designed and equipped is punishable by
imprisonment in the state prison, or by imprisonment in a county jail
not exceeding one year, or by a fine not exceeding ten thousand
dollars ($10,000), or by both such fine and imprisonment.
625c. Any person who, with the intent to cause great bodily injury
to another person, willfully removes, tampers with, injures or
destroys any passenger transit vehicle or the contents or parts
thereof, or who willfully removes, tampers with or destroys, or
places an obstruction upon any part of the transit system, including
its right-of-way, structures, fixtures, tracks, switches or controls,
or who willfully sets a vehicle in motion while it is at rest and
unattended is guilty of a felony.