California Penal Code 640: Penalties, Defenses, and Exemptions

California Penal Code 640 is the state law that governs conduct on public transportation, covering everything from fare evasion to unruly behavior, smoking, and damaging transit property. Penalties run from $250 infractions for minor conduct up to misdemeanors carrying fines of $400 and 90 days in county jail for the most serious offenses. Where your conduct lands on that scale depends on which subdivision of the statute applies and, for fare evasion, how many prior violations you have.

How the Statute Is Organized

PC 640 applies to conduct on or inside a public transportation vehicle or facility, meaning buses, trains, light rail, subway stations, transit parking structures, and similar infrastructure. The prohibited acts fall into three tiers, each with its own penalty range: minor conduct infractions under subdivision (b), fare evasion under subdivision (c), and serious offenses under subdivision (d).

Fare Evasion Penalties

Fare evasion is the most commonly cited violation under this statute, and the penalties escalate with repeat offenses. The law defines fare evasion broadly. Riding without valid fare counts. So does entering a restricted area beyond posted signs without paying, or misusing a transfer, pass, ticket, or token to dodge the fare.¹

A first or second violation is an infraction, punishable by a fine of up to $250 and up to 48 hours of community service, completed within 30 days outside your work or school hours.
A third or subsequent violation is a misdemeanor, punishable by a fine of up to $400, up to 90 days in county jail, or both.

The jump on the third offense is where fare evasion gets serious. A misdemeanor conviction creates a criminal record that can surface on background checks for jobs, housing, and professional licensing. If you already have prior citations, treat any new fare dispute carefully rather than assuming it will mean another small fine.

Minor Conduct Infractions

Subdivision (b) lists six behaviors classified as infractions, each carrying a fine of up to $250 and up to 48 hours of community service on the same terms as fare evasion:¹

Eating or drinking in areas where the transit system has posted prohibitions.
Playing unreasonably loud audio on a device, or ignoring a transit official’s warning about noise.
Smoking in areas where the transit system prohibits it.
Spitting on a transit facility or vehicle.
Skateboarding, roller skating, biking, or riding a scooter inside a transit facility, vehicle, or parking structure. An exception exists for activities needed to park or load a bicycle onto a transit vehicle, as long as the transit agency permits it and it doesn’t create a safety hazard.
Selling goods or services on transit property without written consent from the transit agency.

These are infractions, not misdemeanors. They carry no jail time and no criminal record. Unpaid fines can still snowball through court fees and collection actions, so ignoring a citation is a bad idea.

Serious Offenses Under Subdivision (d)

The most severe category covers conduct that poses a real risk to other passengers or to the transit system. Every offense in this group is punishable by a fine of up to $400, up to 90 days in county jail, or both, with no escalation required even on a first offense:¹

Boisterous or unruly behavior that willfully disturbs other passengers.
Carrying explosives, acid, or flammable liquids onto a transit vehicle or into a facility.
Urinating or defecating outside of a lavatory in a transit facility or vehicle. The statute exempts people who cannot comply due to a disability, age, or medical condition.
Willfully blocking another person’s movement inside a vehicle or facility. The statute specifically notes this does not apply to lawful First Amendment activity, including conduct related to labor disputes or collective bargaining.
Willfully damaging, tampering with, or destroying any part of a transit vehicle or facility.

The word “willfully” runs through most of these offenses and matters legally. Prosecution has to show the person acted deliberately. A bag that bumps into equipment isn’t tampering, and someone who stumbles into a doorway isn’t willfully blocking movement.

How Minors Are Treated

California law protects juveniles from the criminal side of fare evasion enforcement. Under subdivision (g), a minor cannot be charged with either an infraction or a misdemeanor for fare evasion. Transit agencies can still impose administrative penalties, capped at $125 for a first or second violation and $200 for a third or subsequent one, and may offer community service or installment payment plans as alternatives.¹

Administrative Penalties Instead of Criminal Prosecution

Under subdivision (e), transit agencies can set up their own administrative penalty systems as an alternative to criminal prosecution for fare evasion and the minor conduct infractions under subdivision (b). Some agencies handle these violations through in-house ticketing and appeals rather than through the courts. Whether your citation goes the administrative route or the criminal route depends on the transit agency and the circumstances of the stop.

Defenses Built Into the Statute

The strongest defenses under PC 640 come from the statute’s own language.

Fare Evasion

Faulty ticket machines, malfunctioning fare gates, and card-reader errors are everyday realities on California transit. If a machine failed to process your payment, if you had a valid pass that wasn’t properly read, or if you tapped a fare card that the system didn’t register, that’s a factual defense. Digital payment receipts, screenshots from a transit app, or a photo of an “out of order” sign can make the difference between paying a fine and getting a dismissal.

The statute also distinguishes between not paying and deliberately evading payment. The misuse-of-a-transfer provision under subdivision (c)(2) requires intent to evade the fare, so honest mistakes, like using a discount fare you genuinely believed you qualified for, have a path to dismissal.¹

The Willfulness Requirement

For subdivision (d) offenses, proving willfulness is the prosecution’s burden. Accidental or involuntary conduct doesn’t qualify. If you’re charged with disturbing other passengers, the surrounding context matters. Witness statements, security footage, and your behavior before and after the alleged incident all factor in.

Statutory Exemptions

A few exemptions are written directly into the statute. The disability, age, and medical condition exemption under subdivision (d)(3) applies specifically to urinating or defecating outside a lavatory. It does not extend to the eating and drinking prohibition, which has no similar carve-out.¹ The blocking-movement offense under subdivision (d)(4) protects lawful First Amendment activity, including labor-related protests and collective bargaining.² The skateboarding provision exempts cyclists who need to walk a bike through a facility or load it onto a vehicle when the agency allows it.

One point worth flagging: there is no general emergency exemption written into PC 640. Broader legal principles might support an argument that emergency circumstances justified otherwise-prohibited conduct, but the statute itself doesn’t include one. That kind of argument would depend on the specific facts and likely require a court appearance rather than a simple citation dismissal.

Consequences Beyond the Fine

For infractions, the direct legal consequences stop at fines and community service. A misdemeanor conviction under PC 640, whether from a third fare evasion offense or a first-time subdivision (d) violation, is different. It creates a criminal record that can follow you into job applications, housing background checks, and licensing decisions.

For subdivision (d) offenses involving property damage, the court may also order restitution to the transit agency covering repair or replacement costs. Transit seats, electronic displays, and fare equipment are expensive to replace, so restitution on top of fines and possible jail time can add up quickly.

1
California Legislative Information. California Penal Code 640 – Violations and Punishments for Acts Committed on Public Transportation
2
California Legislative Information. California Penal Code 640 – Acts on Public Transportation Systems