People v. Hsiung
Summary: In this appeal arising from convictions for trespass and conspiracy related to animal rights protests at poultry farms, the defendant, Wayne Hansen Hsiung, co-founded Direct Action Everywhere (DxE) and participated in "open rescues" at Sunrise Farms and Reichardt Duck Farm, where he and others entered private property without permission to document animal conditions and remove animals they believed were suffering. The defendant asserted that the trial court erroneously deprived him of presenting a complete defense by excluding evidence and jury instructions on his good-faith mistake of law predicated on the necessity defense. The court held that while the necessity defense was legally unavailable as a justification because the actions were premeditated rather than responses to an imminent emergency, the defendant was constitutionally entitled to present his honest but mistaken belief that necessity justified his conduct to negate the specific intent required for trespass with intent to interfere with a business (Penal Code § 602(k)) and conspiracy. The appellate court found that the trial court’s limitation of the mistake-of-law instruction solely to Penal Code § 597e (providing a narrow justification for providing food or water to impounded animals) and its exclusion of expert legal opinions on necessity violated the defendant’s right to present a defense, as such evidence was relevant to whether he possessed the requisite criminal intent. Accordingly, the court reversed the convictions for conspiracy to commit trespass (count 1) and trespass with intent to interfere with a lawful business (count 4) and remanded for further proceedings, while affirming the conviction for trespass by refusing to leave property (count 2).