Exceptions to Trespass
Generally to convict a person of criminal trespass, the government must prove that a person willfully entered land or a building belonging to someone else without the consent of the owner or owner's agent or person in lawful possession of the property and after the person entered, he or she occupied the land or building without the consent of the owner or owner's agent or the person in lawful possession of the property and that he or she occupied some part of the land or building continuously until removed. There are exceptions. Criminal trespass generally does not apply to a person who is engaged in labor union activities that are permitted by the California Agricultural Labor Relations Act or by the National Labor Relations Act. Activity protected by the First Amendment may give rise to a defense to criminal trespass as well. If you are arrested or charged with a crime, contact Christine McGuire, the Santa Cruz Criminal Defense Attorney/Lawyer, Santa Clara County Criminal Defense Attorney/Lawyer.