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What Is Criminal Trespass In Texas?
Under Texas Penal Code §30.05 a person commits the offense of Criminal Trespass if the person knowingly enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person:
1. Had notice that the entry was forbidden; or
2. Received notice to depart but failed to do so.
What does this mean? Essentially, it is knowingly entering into a place or residence you know you are not supposed to be. However, one key element of the crime of criminal trespass is that you had proper notice. Merely being present on the property, by itself, is not sufficient to convict for the crime of criminal trespass.
Let us break down the remaining elements of the crime of Criminal Trespass:
What Is Proper Notice under Texas Penal Code, Section 30.05?
Under Texas Penal Code, Section 30.05, the law provides the specific set of circumstances for how notices can be given: “Notice” means:
• oral or written communication by the owner or someone with apparent authority to act for the owner;
• fencing or other enclosure obviously designed to exclude intruders or to contain livestock;
• 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;
• the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:
o vertical lines of not less than eight inches in length and not less than one inch in width;
o 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
o placed at locations that are readily visible to any person approaching the property and no more than:
100 feet apart on forest land; or
1,000 feet apart on land other than forest land; or
• 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.
What if you were on a piece of private property and had no idea it was private or that you were prohibited from being on the property? Were there any clearly visible signs surrounding the property? Did the owner convey to you orally that you were not permitted to be on the property? If not, you had not intent to be on property for which you had no notice!
How Do You Know You Have “Entered” A Property Under Texas Criminal Trespass Law?
Texas law requires that you be completely on the property of another without their consent and you receive adequate notice in order to be convicted of criminal trespass. For example, reaching across the fence of another property owner to grab a football you threw over their fence, would not be trespassing under Texas law. You must enter your entire body onto the property.
Is Criminal Trespass A Felony In Texas?
Thankfully, no! In Texas, the crime of criminal trespass is a misdemeanor offense. In order to determine what level of misdemeanor crime you are facing; you must break criminal trespass down by separate designations.
Criminal Trespass
If you have been charged with criminal trespass of property that was not a habitation, you will be facing a Class B misdemeanor. Under Texas criminal law, a class B misdemeanor is punishable by up to 180 days in the county jail and up to a $2,000 fine.
Criminal Trespass of a Habitation
However, if you have been arrested and charged with criminal trespass of a habitation, you will be facing a Class A misdemeanor punishable by up to 1 year in the county jail and up to a $4,000 fine.
How To Get A Criminal Trespass Case Dismissed
In order to have the best chance at getting your criminal trespass case dismissed, you and your criminal attorney should develop a legal defense that attacks the elements of the crime and use this as leverage to negotiate a dismissal. There are several legal defenses that have been proven effective in negotiations.
Effective Consent To Enter Property
Did you have consent to enter or remain on the property? Remember, the State of Texas through the Tarrant County District Attorney’s Office must prove beyond a reasonable doubt that you knowingly entered the property without the effective consent of the owner.
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00:00 How To Beat A Criminal Trespass Case
02:07 What Is Proper Notice?
04:31 What Does Entering A Property Mean?
05:15 Is Criminal Trespass A Felony In Texas?
06:04 How To Get A Criminal Trespass Case Dismissed
06:16 Defenses To A Criminal Trespass Case