CALCRIM No. 2930. Trespass: To Interfere With Business (Pen. Code, § 602(k))

Judicial Council of California Criminal Jury Instructions (2023 edition)

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2930.Trespass: To Interfere With Business (Pen. Code, § 602(k))
The defendant is charged [in Count ] with trespassing [in
violation of Penal Code section 602(k)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant willfully entered (land/ [or] a building) belonging
to someone else;
2. When the defendant entered, (he/she) intended (to damage
someone else’s property [or property right]/ [or] to interfere with,
obstruct, or damage a lawful business or occupation carried on
by the (owner of the land[,]/ [or] owner’s agent[,]/ [or] person in
lawful possession of the land));
AND
3. The defendant actually did (damage someone else’s property [or
property right]/ [or] interfere with, obstruct, or damage a lawful
business or occupation carried on by the (owner of the land[,]/
[or] owner’s agent[,]/ [or] person in lawful possession of the
land)).
Someone commits an act willfully when he or she does it willingly or on
purpose.
[An agent is a person who is authorized to act for someone else in
dealings with third parties.]
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
The statute uses the term “injure.” (Pen. Code, § 602(k).) The committee has
replaced the word “injure” with the word “damage” because the word “injure”
generally refers to harm to a person rather than to property.
AUTHORITY
• Elements. Pen. Code, § 602(k).
• Willfully Defined. Pen. Code, § 7(1); People v. Lara (1996) 44 Cal.App.4th 102,
107 [51 Cal.Rptr.2d 402].
• Actual Damage Required. In re Wallace (1970) 3 Cal.3d 289, 295 [90 Cal.Rptr.
736
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176, 475 P.2d 208]; In re Ball (1972) 23 Cal.App.3d 380, 386 [100 Cal.Rptr.
189].
• “Land” Includes Building on the Land. People v. Brown (1965) 236 Cal.App.2d
Supp. 915, 917-919 [47 Cal.Rptr. 662].
• Agent Defined. Civ. Code, § 2295.
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Property, §§ 287-288.
VANDALISM, LOITERING, AND TRESPASS CALCRIM No. 2930
737

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