When protests break out across California—whether on college campuses, government property, or public streets—emotions run high, and legal lines can get blurry. One charge I see repeatedly in these moments is trespassing under California PC 602.

So what exactly is protest trespass? What are your rights when you’re demonstrating, and how can you avoid criminal charges while standing up for something you believe in?

Let’s break it down.

What Is PC 602?

PC 602 is California’s general trespassing law, and it covers a wide range of actions — everything from entering private property without permission to refusing to leave a public space when asked by authorities.

When it comes to protests, trespassing charges usually come into play in situations like:

• Refusing to leave a building or campus during a demonstration
• Entering a closed or “off-limits” area, like behind barricades
• Camping or setting up on land without permission (especially overnight)
• Re-entering a space after being told to leave (this can sometimes lead to additional charges, like PC 419)

In short, you could be peacefully demonstrating, but still face criminal charges if law enforcement believes you crossed into unauthorized territory or refused to comply with an order to leave.

Can You Be Charged with Trespassing During a Peaceful Protest?

Yes — and this is where a lot of people get caught off guard.

Just because your protest is peaceful doesn’t mean it’s legally protected in every space. If you’re on private property without consent or in a restricted public area, the First Amendment may not fully shield you.

Once police give a verbal warning to disperse or clear the area, refusing to do so can lead to arrest. In many protest-related trespassing cases, officers will cite PC 602(m), which covers refusal to leave public property during hours it’s closed or restricted.

That said, the law isn’t black and white, and context matters. An experienced criminal defense attorney can often challenge how the order to leave was given or whether the space was truly restricted at the time.

What Are the Penalties for Trespassing Under PC 602?

Most PC 602 violations are misdemeanors in California. That means if you’re convicted, you could face:

• Up to 6 months in county jail
• Fines up to $1,000
• Probation or community service
• A criminal record that shows up on background checks

While some charges might be eligible for diversion or dismissal, it’s still important to take them seriously, especially if you were arrested as part of a larger group or during a high-profile protest.

Common Defenses to Protest Trespass Charges

If you’ve been charged under PC 602 during a protest, you may have valid defenses. These can include:

• You were in a public place during normal access hours
• You never received a clear order to leave
• You were mistakenly identified
• You had implied or expressed permission to be there

Sometimes, it comes down to what was caught on camera — or what wasn’t. If police made a vague announcement that half the crowd didn’t hear, that may not qualify as a valid order to disperse.

Why Legal Representation Matters

Protest-related arrests don’t always lead to convictions, but they can follow you around if not handled correctly.

At Inland Empire Criminal Defense, we’ve represented dozens of clients arrested during protests in Southern California. We know how these cases are charged, how to challenge shaky police reports, and how to protect your record.

If you or someone you know has been charged with trespassing during a protest under PC 602, don’t leave your future to chance. Your rights don’t end just because you were demonstrating. Let’s talk — and build a defense that protects your voice and your record.