Aggravated Trespass

What is the definition of an aggravated trespass under PC 601?

A person who trespasses on property of another to make 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 of easements that allow non related 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,but cannot exceed 30-days. The threat can take place on private property or the workplace.