Criminal Trespass
Section 30.05. Criminal Trespass, Texas Penal
Code
(a) A person commits an offense if he enters or remains
on or in property, including an aircraft or other
vehicle, of another without effective consent or he
enters or remains in a building of another without
effective consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) "Entry" means the intrusion of the entire body.
(2) "Notice" means:
(A) oral or written communication by the owner or
someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously designed to
exclude intruders or to contain livestock;
(C) a sign or signs posted on the property or at the
entrance to the building, reasonably likely to come to
the attention of intruders, indicating that entry is
forbidden;
(D) the placement of identifying purple paint marks on
trees or posts on the property, provided that the marks
are:
(i) vertical lines of not less than eight inches in
length and not less than one inch in width;
(ii) placed so that the bottom of the mark is not less
than three feet from the ground or more than five feet
from the ground; and
(iii) placed at locations that are readily visible to
any person approaching the property and no more than:
(a) 100 feet apart on forest land; or
(b) 1,000 feet apart on land other than forest land; or
(E) the visible presence on the property of a crop grown
for human consumption that is under cultivation, in the
process of being harvested, or marketable if harvested
at the time of entry.
(3) "Shelter center" has the meaning assigned by Section
51.002, Human Resources Code.
(4) "Forest land" means land on which the trees are
potentially valuable for timber products.
(5) "Agricultural land" has the meaning assigned by
Section 75.001, Civil Practice and Remedies Code.
(6) "Superfund site" means a facility that:
(A) is on the National Priorities List established under
Section 105 of the federal Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. Section 9605); or
(B) is listed on the state registry established under
Section 361.181, Health and Safety Code.
(7) "Critical infrastructure facility" means one of the
following, if completely enclosed by a fence or other
physical barrier that is obviously designed to exclude
intruders:
(A) a chemical manufacturing facility;
(B) a refinery;
(C) an electrical power generating facility, substation,
switching station, electrical control center, or
electrical transmission or distribution facility;
(D) a water intake structure, water treatment facility,
wastewater treatment plant, or pump station;
(E) a natural gas transmission compressor station;
(F) a liquid natural gas terminal or storage facility;
(G) a telecommunications central switching office;
(H) a port, railroad switching yard, trucking terminal,
or other freight transportation facility;
(I) a gas processing plant, including a plant used in
the processing, treatment, or fractionation of natural
gas; or
(J) a transmission facility used by a federally licensed
radio or television station.
(c) It is a defense to prosecution under this section
that the actor at the time of the offense was a fire
fighter or emergency medical services personnel, as that
term is defined by Section 773.003, Health and Safety
Code, acting in the lawful discharge of an official duty
under exigent circumstances.
(d) An offense under Subsection (e) is a Class C
misdemeanor unless it is committed in a habitation or
unless the actor carries a deadly weapon on or about the
actor's person during the commission of the offense, in
which event it is a Class A misdemeanor. An offense
under Subsection (a) is a Class B misdemeanor, except
that the offense is a Class A misdemeanor if:
(1) the offense is committed:
(A) in a habitation or a shelter center;
(B) on a Superfund site; or
(C) on or in a critical infrastructure facility; or
(2) the actor carries a deadly weapon on or about his
person during the commission of the offense.
(e) A person commits an offense if without express
consent or if without authorization provided by any law,
whether in writing or other form, the person:
(1) enters or remains on agricultural land of another;
(2) is on the agricultural land and within 100 feet of
the boundary of the land when apprehended; and
(3) had notice that the entry was forbidden or received
notice to depart but failed to do so.
(f) It is a defense to prosecution under this section
that
(1) the basis on which entry on the property or land or
in the building was forbidden is that entry with a
handgun was forbidden; and
(2) the person was carrying a concealed handgun and a
license issued under Subchapter H, Chapter 411,
Government Code, to carry a concealed handgun of the
same category the person was carrying.
Gilbert G. Garcia, has practiced Criminal Law since 1978
and has been Board Certified in Criminal Law since 1989.
The Gilbert G. Garcia Law Firm is the logical choice to
represent you in your criminal case, providing the
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Free initial consultations and reasonable fees.
Personal payments plans available and most major credit
cards accepted. Many issues are able to be handled
via e-mail, phone calls and fax and after hours and
weekend appointments are available upon request to meet
the needs of each client.
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square since 1983.
