California Penal Code 602.12 – (a) Any person who enters the residential real property of an …
(a) Any person who enters the residential real property of an academic researcher for the purpose of chilling, preventing the exercise of, or interfering with the researcher’s academic freedom is guilty of trespass, a misdemeanor.
(b) For the purposes of this section, the following definitions apply:
Terms Used In California Penal Code 602.12
- person: includes a corporation as well as a natural person. See California Penal Code 7
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
(1) “Academic researcher” means any person lawfully engaged in academic research who is a student, trainee, employee, or affiliated physician of an accredited California community college, a campus of the California State University or the University of California, or a Western Association of Schools and Colleges accredited, degree granting, nonprofit institution. Academic research does not include routine, nonlaboratory coursework or assignments.
(2) “Academic freedom” means the lawful performance, dissemination, or publication of academic research or instruction.
(c) This section shall not apply to any person who is lawfully engaged in labor union activities that are protected under state or federal law.
(d) This section shall not preclude prosecution under any other provision of law.
(Added by Stats. 2008, Ch. 492, Sec. 4. Effective September 28, 2008.)