(D) a guest of a tenant of an owner described by Paragraph (A) or (B); (A) carries or stores a firearm or firearm ammunition in the condominium apartment or unit owner's apartment or unit; (B) carries a firearm or firearm ammunition directly en route to or from the condominium apartment or unit owner's apartment or unit; (C) carries a firearm or firearm ammunition directly en route to or from the actor's vehicle located in a parking area provided for residents or guests of the condominium property; or, (D) carries or stores a firearm or firearm ammunition in the actor's vehicle located in a parking area provided for residents or guests of the condominium property; and. 809 (H.B. (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. (2) the person entered or remained concealed in that building with intent to commit a theft of a controlled substance. /Creator (City) for non-profit, educational, and government users. x^ R R up to 180 days in jail or both, according to the Texas Penal Code. 8 0 obj Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 5, eff. 308, Sec. Acts 2019, 86th Leg., R.S., Ch. 1.01, eff. (d) Subject to Subsection (d-3), an offense under this section is: (1) a Class B misdemeanor, except as provided by Subdivisions (2) and (3); (2) a Class C misdemeanor, except as provided by Subdivision (3), if the offense is committed: (A) on agricultural land and within 100 feet of the boundary of the land; or, (B) on residential land and within 100 feet of a protected freshwater area; and. June 18, 2005. 1178), Sec. No. Original Source: (h) At the punishment stage of a trial in which the attorney representing the state seeks the increase in punishment provided by Subsection (d)(3)(A)(iii), the defendant may raise the issue as to whether the defendant entered or remained on or in a critical infrastructure facility as part of a peaceful or lawful assembly, including an attempt to exercise rights guaranteed by state or federal labor laws. Section 151 et seq.). 30.04. September 1, 2021. (d-1) For the purposes of Subsection (d), a defendant has been previously convicted under this section if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision. (j) Repealed by Acts 2009, 81st Leg., R.S., Ch. (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, (A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and. September 1, 2021. /d77cc85a-87db-4799-8f19-78b74138514f 24 0 R September 1, 2017. 602 (S.B. 139, Sec. 1927), Sec. The notice to vacate may be delivered in writing or, more commonly, verbally by the property owner. January 1, 2016. Texas Penal Code 30.05^2. (a) A person commits an offense if the person enters or remains on or in 1, eff. Acts 2021, 87th Leg., R.S., Ch. Jan. 1, 1974. CRIMINAL TRESPASS. 20, eff. Section 9605); or. Book a consultation to discuss legal representation with criminal defense attorney Paul Saputo today. September 1, 2007. 1, 2, eff. To get protection from a trespasser, post a no-trespassing notice, forbid the trespasser entry to your property in writing, then fill out a form provided by your police department, sheriff or district attorneys office to put a restraining order or notice forbidding trespassing on your property. 3 0 obj (B) performing a duty within the scope of that employment or agency. September 1, 2021. (B) fully recognizes the right of peace officers commissioned in this state to carry weapons in the other state. Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 169, Sec. >> The crime of trespass carries with it the "warning" requirement (2) "License holder" has the meaning assigned by Section 46.03. 1138, Sec. Update: The 86th Texas Legislature added an affirmative defense to this offense, effective as of September 1, 2019. Contact GHC Law Firm if you require any assistance with a criminal trespassing case from a team of professionals. September 1, 2009. Texas Penal Code 30.05(f-1), (f-2) and (f-3), as enacted by H.B. September 1, 2013. 1, eff. 308, Sec. You're all set! 302), Sec. 1, eff. 39 (H.B. (c) For purposes of this section, a container or trailer carried on a rail car is a part of the rail car. (D) the offense is committed on the property of or within a general residential operation operating as a residential treatment center. 1078, Sec. 1927), Sec. Criminal trespassing comes with penalties that can leave a mark on the defendants life. Criminal trespass involves entering or remaining in a place knowing one is there without a license or privilege. Amended by Acts 1993, 73rd Leg., ch. September 1, 2009. 30.02. endobj Acts 2019, 86th Leg., R.S., Ch. September 1, 2013. 1138 (H.B. /Parent 8 0 R /Type /Pages 564 (S.B. 765, Sec. (c) A person may provide notice that firearms are prohibited on the property by posting a sign at each entrance to the property that: (1) includes language that is identical to or substantially similar to the following: "Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm"; (2) includes the language described by Subdivision (1) in both English and Spanish; (3) appears in contrasting colors with block letters at least one inch in height; and. 1, eff. << << Acts 2019, 86th Leg., R.S., Ch. 1229, Sec. (B) each structure appurtenant to or connected with the structure or vehicle. (ii) an offense under Section 51.204(b)(1), Education Code, relating to trespassing on the grounds of an institution of higher education; (C) the person carries a deadly weapon during the commission of the offense; or. 1178, Sec. Sept. 1, 1999; Acts 1999, 76th Leg., ch. /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] (g-1) It is a defense to prosecution under this section that the license holder is a first responder, as defined by Section 46.01, who: (h) It is a defense to prosecution under this section that the license holder was personally given notice by oral communication described by Subsection (b) and promptly departed from the property. 1143 (H.B. (2) the actor at the time of the offense was a peace officer, including a commissioned peace officer of a recognized state, or a special investigator under Article 2.122, Code of Criminal Procedure, regardless of whether the peace officer or special investigator was engaged in the actual discharge of an official duty while carrying the weapon. An offense under this section is a Class C misdemeanor. It becomes a Class A misdemeanor if the defendant was carrying a gun or 139, Sec. 5 0 obj Jan. 1, 1974. 1143 (H.B. Acts 2015, 84th Leg., R.S., Ch. 1276, Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1, 2, eff. >> September 1, 2009. 302), Sec. TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN. 1, eff. (2) the actor at the time of the offense was a peace officer, including a commissioned peace officer of a recognized state, or a special investigator under Article 2.122, Code of Criminal Procedure, regardless of whether the peace officer or special investigator was engaged in the actual discharge of an official duty while carrying the weapon. 1, 2, eff. >> >> 9 0 obj 550), Sec. /I false Sept. 1, 1999; Acts 2001, 77th Leg., ch. /Length 9 Acts 2021, 87th Leg., R.S., Ch. September 1, 2009. Sec. Acts 2021, 87th Leg., R.S., Ch. 399, Sec. (2) received notice to depart but failed to do so. (a) A person commits an offense if, without the effective consent of the owner, the person: (1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or, (2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or. (c) Except as provided in Subsection (c-1) or (d), an offense under this section is a: (1) state jail felony if committed in a building other than a habitation; or. Sept. 1, 2003. Copyright 2023, Thomson Reuters. Eric C. Surette, Burden of proving statutory elements of criminal trespassShowing of trespass on public property, Am. 1, eff. 530, Sec. 1138 (H.B. /Parent 2 0 R /Parent 2 0 R >> (ii) an offense under Section 51.204(b)(1), Education Code, relating to trespassing on the grounds of an institution of higher education; (C) the person carries a deadly weapon during the commission of the offense; or. (4) is displayed in a conspicuous manner clearly visible to the public. 1069), Sec. 1, eff. /Fields [] 91 (S.B. x^} If the defendant proves the issue in the affirmative by a preponderance of the evidence, the increase in punishment provided by Subsection (d)(3)(A)(iii) does not apply. Criminal trespass law is enforced by police, sheriffs, or park rangers. Who Can Issue a Criminal Trespass Warning in Texas? September 1, 2019. Section 30.05 Criminal Trespass, /e3ac646e-266e-4aa0-a827-56ac7f0283a1 20 0 R (1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun or other weapon was forbidden; and. Amended by Acts 1999, 76th Leg., ch. (iii) placed at locations that are readily visible to any person approaching the property and no more than: (b) 1,000 feet apart on land other than forest land; or. (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: (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. Added by Acts 1995, 74th Leg., ch. WebAn individual refusing to leave private property after the conclusion of a party may result in >> 30.05. Acts 1973, 63rd Leg., p. 883, ch. Texas Penal Code 30.05(d)(3)(A)&(C)^6. /Count 1 /Resources << (11) "Residential land" means real property improved by a dwelling and zoned for or otherwise authorized for single-family or multifamily use. Who Can Issue A Criminal Trespass Warning In Texas. September 1, 2009. 2110), Sec. September 1, 2005. If an apartment complex finds an unauthorized person living in an apartment or on their property they will usually issue a criminal trespass warning. 12, eff. /Contents [21 0 R 22 0 R 23 0 R] Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1, eff. A criminal You may be charged with the offense if you were seen on video entering the property. Typically these properties have a sign that forbids entry or the individual is asked to leave the property by one of its residents. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Learn more about what penalties the different classes of misdemeanor carry. In Texas, trespassing is a criminal offense punishable by fines and/or jail time. Acts 2017, 85th Leg., R.S., Ch. /Parent 2 0 R (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. Amended by Acts 1993, 73rd Leg., ch. 338 (H.B. Acts 2005, 79th Leg., Ch.
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