Penal Code 601 PC
PC 601 – Aggravated Trespass
Aggravated Trespass – Table of Contents
What is the definition of an aggravated trespass under PC 601?
A person who trespasses on property of another to makes a credible threat to cause serious bodily harm physically, by a firearm, dangerous weapon or makes credible threats by stalking.
What is a trespass as defined under PC 601?
A trespass is committed when a person willfully enters land, they have no property rights to interfere with the peace, quiet and enjoyment of the rights vested to the property owner.
What are rights vested in land under PC 601?
The ‘right in’ question is the right of possession. A property right is established by a founded written instrument such as a deed, lease or title that was lawfully conveyed by a predecessor who had the same right establishing continuity or privity of ownership, recorded in the county clerk office where the land resides to let others know what those rights are. The rights as described on the deed, title or lease describe how the person designated on the document can enjoy the property vested to them, and the period of time that vesting period remains active.
Derivative rights also include leases or easements that allow nonrelated parties to enter the land for a particular purpose.vi A person with primary or derivative property rights, can dedicate who can stay or leave on the property, and how they can conduct themselves.
How can people with primary or derivative property classify people on their land under PC 601?
A trespasser is entering on property without the consent of the owner. A licensee is a person who is allowed to remain on the premises by consent but for purposes under contract. This is distinguished from a social guest who is allowed the same right as a licensee, but not under contract, can use the property for purposes not associated with the owner of the property. An invitee is allowed on the premises for a purpose that is directly connected to the owner of the property.
A primary rights holder of any premises or any derivative rights holder of any premises owes a duty to help the invitee avoid injury.
A trespasser is owed no duty but there is duty to warn. A licensee takes the property as it was acquired by contract so long as there are no obstacles or contents on the premises that can cause substantial injury. A primary rights hold has a duty to inspect the land for social guests and invitees prior to entry on the premises.
What is a threat as defined under Penal Code 601?
A threat is expressed or implied communication to another that places that person in reasonable fear or apprehension of a crime to be committed against that person. That apprehension can take place immediately, or some point in the future,x but cannot exceed 30-days. The threat can take place on private property or the workplace.
What are the penalties for a violation of Penal Code 601?
A violation of Penal Code 601 PC is a misdemeanor or felony. If charged as a misdemeanor, the penalties for the violation include confinement not exceeding 1 year in jail, with fines not exceeding $2000 dollars. If the violation is charged as a felony, the penalties for the violation include confinement terms of 16 months, 2, 3 years in prison with fines not exceeding $10,000 dollars.
What are examples for a violation of Penal Code 601?
- Rex, aiming to get even with Ryan after Ryan bet him up drove to Ryan’s parent’s house. Rex hopped out and yelled for Ryan. Ryan’s dad came out. Rex said, “Tell your son that when he gets home, I am going to stomp him”. Ryan came home the next day and saw Rex waiting with a bat. Ryan ran to the door but was confronted by Rex. In self-defense Ryan contained Rex. Ryan’s dad called the police. Rex was arrested.
- Danny has a workplace restraining order against him filed by Roxie. One day Danny followed Roxie to work. One morning he saw Roxie getting flirted with by a man and got angry. Danny drove past the two, and said, “That is my lady, hands off or the next time I see you we fight”. Danny did not know that was her boss, who was aware of the TRO. Three weeks later Roxie and her boss after morning breakfast walked to work and Danny rolling up his sleeves in the parking lot. A security guard saw the display and tackled Danny. Danny was arrested.
What are some defenses against a violation of Penal Code 601?
- Prior property right – the threats are required to get an unlawful squatter on my property.
- Familial Necessity – I am on the land to save myself or my family for substantial injury, harm, or death.
- Self Defense/ Claim of Right from an initiated felony – I was harmed by a felonious act that resulted in my property being stolen. And I am getting it back.
If you are charged with a violation of Penal Code 601 PC call The Esfandi Law Group. Contact Los Angeles criminal defense attorney Seppi Esfandi, principal attorney of The Esfandi Law Group.
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