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Encyclopedia entry

Penal Code 601 (Aggravated Trespass)

Elevates trespass to a wobbler when it follows a credible threat of violence made against the occupant.

Penal Code section 601 defines aggravated trespass, which occurs when a person makes a credible threat to cause serious bodily injury to another and, within a specified period, unlawfully enters that person's residence or workplace, or comes within a defined distance, without lawful purpose. Unlike ordinary trespass, this offense can be charged as a felony or misdemeanor depending on the facts.

This statute is more relevant to workplace violence and stalking-adjacent scenarios than routine loitering, but it can surface on apartment or corporate campus properties where a threatened employee or resident has reported a prior threat and the subject then shows up on site. Security staff who are aware of an existing threat report or restraining order play an important documentation and notification role.

Private security officers are not equipped to independently assess whether a threat was 'credible' in the legal sense; their function is to recognize red flags, follow post orders for restricted individuals, and immediately involve law enforcement and the client's management or HR/legal team when a flagged person appears. Physical intervention should be a last resort governed by use-of-force policy, not this statute.

Because aggravated trespass intersects with restraining orders and workplace violence law, confirm current statutory language and coordinate with the client's legal counsel when drafting related protocols.

Related entries

Penal Code 602 (Criminal Trespass)California's core criminal trespass statute, listing the many specific acts that constitute unlawfully entering or remaining on another's land.SB 553 / Labor Code 6401.9 (Workplace Violence Prevention Plan)Requires most California employers to adopt a written workplace violence prevention plan, train employees on it, and log incidents.De-EscalationVerbal and positional techniques used to calm a tense situation and avoid the need for physical intervention.Use of Force (Private Security Standard)The general reasonable-force standard that governs a private security officer, distinct from any police use-of-force policy.

Official sources

  1. [1]Cal. Penal Code § 601California Legislative Information

Links point to the publishing agency or the California Legislative Information text. Government pages are reorganized periodically — if a link moves, search the code section or agency name at the official site.

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General industry and regulatory usage — not legal advice, and not an endorsement by BSIS, the Department of Consumer Affairs, or any law-enforcement agency. Statutes, regulations, and local ordinances change; verify current text at the official government source or with your attorney.

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