<< 437 (H.B. endobj (f-4) It is a defense to prosecution under this section that: (1) the conduct occurred on hotel property, and the basis on which entry on that property was forbidden is that entry with a firearm or firearm ammunition was forbidden; (2) the actor is a guest of a hotel, as defined by Section 2155.101, Occupations Code; and. << >> 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1.01, eff. (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 owners apartment or unit; (B) carries a firearm or firearm ammunition directly en route to or from the condominium apartment or unit owners apartment or unit; (C) carries a firearm or firearm ammunition directly en route to or from the actors 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 actors vehicle located in a parking area provided for residents or guests of the condominium property; and. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Sept. 1, 1999. >> Acts 2005, 79th Leg., Ch. (2) "License holder" has the meaning assigned by Section 46.03. Have you been charged with Criminal Trespass? Trespass does not require a state of knowledge, but only requires the act of entering. September 1, 2021. 23, eff. September 1, 2009. Jan. 1, 1974. WebHarris County Precinct 4 Constable's Office 6831 Cypresswood Dr. Spring, TX 77379 832-927-6200 /Kids [12 0 R] Contact us. (5) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. 910), Sec. Trespass 193. >> CHAPTER 30. 5 0 obj 18, eff. 3167), Sec. (d-3) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200 if the person enters the property, land, or building with a firearm or other weapon and the sole basis on which entry on the property or land or in the building was forbidden is that entry with a firearm or other weapon was forbidden, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, land, or building with the firearm or other weapon, the actor: (1) personally received from the owner of the property or another person with apparent authority to act for the owner notice that entry with a firearm or other weapon was forbidden, as given through: (A) notice under Subsection (b)(2)(A), including oral or written communication; or, (B) if the actor is unable to reasonably understand the notice described by Paragraph (A), other personal notice that is reasonable under the circumstances; and. 1302 (H.B. Acts 2021, 87th Leg., R.S., Ch. endstream (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. Update: The 86th Texas Legislature added an affirmative defense to this offense, effective as of September 1, 2019. Sept. 1, 2003. (If the trespasser's presence didn't hurt anyone or damage property, though, the plaintiff will likely only be able to recover nominal damages.) https://texas.public.law/statutes/tex._penal_code_section_30.05. Amended by Acts 1999, 76th Leg., ch. /Kids [5 0 R 6 0 R 7 0 R 8 0 R] 2 0 obj /Parent 5 0 R (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. Section 30.05 Criminal Trespass, 39 (H.B. January 1, 2016. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 701), Sec. (4) "Forest land" means land on which the trees are potentially valuable for timber products. (i) in a habitation or a shelter center; (iii) on or in a critical infrastructure facility; (B) the offense is committed on or in property of an institution of higher education and it is shown on the trial of the offense that the person has previously been convicted of: (i) an offense under this section relating to entering or remaining on or in property of an institution of higher education; or. /I false Purple paint marks on trees that meet specific criteria. 302), Sec. 1540), Sec. 1, eff. /Contents [25 0 R 26 0 R 27 0 R] 5, eff. criminal trespass (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. It is September 1, 2007. 4, eff. September 1, 2021. WebA. (d-3) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200 if the person enters the property, land, or building with a firearm or other weapon and the sole basis on which entry on the property or land or in the building was forbidden is that entry with a firearm or other weapon was forbidden, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, land, or building with the firearm or other weapon, the actor: (1) personally received from the owner of the property or another person with apparent authority to act for the owner notice that entry with a firearm or other weapon was forbidden, as given through: (A) notice under Subsection (b)(2)(A), including oral or written communication; or, (B) if the actor is unable to reasonably understand the notice described by Paragraph (A), other personal notice that is reasonable under the circumstances; and. 1, eff. For example, reaching into someones car with your arm is not sufficient for a charge of criminal trespass. Provide some opportunity for the person to be heard before being banned. Amended by Acts 1987, 70th Leg., ch. 1268), Sec. https://codes.findlaw.com/tx/penal-code/penal-sect-30-05/, Read this complete Texas Penal Code - PENAL 30.05. Texas trespassing laws are lengthy, but easily understood for the most part. Acts 2021, 87th Leg., R.S., Ch. (b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication. /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] [4], However, the states attorneys may seek to enhance the punishment for three different reasons. 9 0 obj 550), Sec. Acts 2011, 82nd Leg., R.S., Ch. 30.05. endobj 260, Sec. 30.03. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. /Contents [13 0 R 14 0 R 15 0 R] Eric C. Surette, Burden of proving statutory elements of criminal trespassShowing of trespass on public property, Am. 1138, Sec. (g) It is a defense to prosecution under this section that the actor entered a railroad switching yard or any part of a railroad switching yard and was at that time an employee or a representative of employees exercising a right under the Railway Labor Act (45 U.S.C. If you are the occupier of the property (eg, the tenant, licensee or owner), you are entitled to give someone a trespass notice or warning to someone who you do not want on the property. Texas Penal Code 30.05(d)(3)(A)&(C)^6. Acts 2007, 80th Leg., R.S., Ch. Sec. /Length 9 Criminal Trespassing (3) was employed or supervised by a municipality or county to which Chapter 179, Local Government Code, applies. Acts 2021, 87th Leg., R.S., Ch. September 1, 2005. September 1, 2021. 2, eff. Acts 2021, 87th Leg., R.S., Ch. (2) received notice to depart but failed to do so. (A) carries or stores a handgun in the tenant's manufactured home; (B) carries a handgun directly en route to or from the tenant's manufactured home; (C) carries a handgun directly en route to or from the license holder's vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises; or. If the person comes back on the property then police can be called and an arrest can be made for criminal trespass. 20), Sec. DEFINITIONS. >> (e-1) It is a defense to prosecution under this section that: (D) a guest of a tenant of an owner described by Paragraph (A) or (B); and. 91 (S.B. Criminal trespass is normally a Class B misdemeanor with a fine up to $2,000 and a jail term up to 180 days. 1138 (H.B. September 1, 2009. 900, Sec. September 1, 2021. Texas 399, Sec. /I false (J) a transmission facility used by a federally licensed radio or television station. 37.107 Trespass on School Grounds An unauthorized person who trespasses on the grounds of any school district of this state commits an offense. /Parent 2 0 R /MediaBox [0 0 612 792] << 1, 2, eff. View complete answer on https://www.dochub.com, View complete answer on https://www.cab.org.nz, View complete answer on https://tpwd.texas.gov, View complete answer on https://www.attorneysamuelgardner.com, View complete answer on https://www.quora.com, View complete answer on https://kingwoodcriminaldefenselawyer.com, View complete answer on https://www.goldsteinhilley.com, View complete answer on https://irblaw.com.sg, View complete answer on https://www.hotcity.co.nz. Amended by Acts 1979, 66th Leg., p. 1114, ch. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Sept. 1, 1994; Acts 1997, 75th Leg., ch. (a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, a general residential operation operating as a residential treatment center, or an aircraft or other vehicle, without effective consent and the person: (1) had notice that the entry was forbidden; or. 302), Sec. September 1, 2009. /Type /Pages 1, 2, eff. September 1, 2021. Criminal Trespass Warnings Trespassing Acts 2017, 85th Leg., R.S., Ch. 0^zuMjKJ.7%'8c5. (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. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. (9) "Recognized state" means another state with which the attorney general of this state, with the approval of the governor of this state, negotiated an agreement after determining that the other state: (A) has firearm proficiency requirements for peace officers; and. (f-3) It is a defense to prosecution under this section that: (1) the basis on which entry on a leased premises governed by Chapter 94, Property Code, was forbidden is that entry with a firearm or firearm ammunition was forbidden; (2) the actor is a tenant of a manufactured home lot or the tenant's guest; (A) carries or stores a firearm or firearm ammunition in the tenant's manufactured home; (B) carries a firearm or firearm ammunition directly en route to or from the tenant's manufactured home; (C) carries a firearm or firearm ammunition directly en route to or from the actor's vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises; or, (D) carries or stores a firearm or firearm ammunition in the actor's vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises; and. Texas Criminal Trespass Acts 2021, 87th Leg., R.S., Ch. September 1, 2009. PENAL CODE CHAPTER 30. BURGLARY AND CRIMINAL 1206 Nueces Street Going inside a building, sitting inside a car, or jumping a fence onto the property of someone else would be considered an entry under the law. Do criminal trespass warnings expire in Texas? - Avvo /Parent 6 0 R /742ebd07-e5e2-4521-9424-7200467ab5f4 16 0 R 1, eff. 1, eff. (5) "Agricultural land" has the meaning assigned by Section 75.001, Civil Practice and Remedies Code. 1143 (H.B. But if the alleged offense occurs in an agricultural area within 100 feet of the boundary or in a residential area within 100 feet of a freshwater river or stream, the misdemeanor is dropped to a Class C misdemeanor. Acts 2021, 87th Leg., R.S., Ch. Trespass Warning Affidavit June 14, 2013. (f-1) It is a defense to prosecution under this section that: (1) the basis on which entry on the property was forbidden is that entry with a firearm or firearm ammunition was forbidden; (A) an owner of an apartment in a condominium regime governed by Chapter 81, Property Code; (B) an owner of a condominium unit governed by Chapter 82, Property Code; (C) a tenant or guest of an owner described by Paragraph (A) or (B); or. (A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun"; or. Texas Criminal Trespassing Explained - Law Office of Brett H. 1540), Sec. 399, Sec. 807 (H.B. 3142), Sec. The Texas Criminal Trespass law was updated in 2017 with the passage of S.B. 613 (S.B. If you are caught violating the park's rules or regulations, the park ranger may ask you to leave. (1) "Entry" means the intrusion of the entire body. (B) the actor breaks into or enters that vehicle with the intent to commit theft of a controlled substance. Texas Penal Code Section 30.05 - Criminal Trespass 596, Sec. 727, Sec. September 1, 2021. 435), Sec. /K false (a) A person commits an offense if, without the effective consent of the owner, he breaks or enters into any coin-operated machine, coin collection machine, or other coin-operated or coin collection receptacle, contrivance, apparatus, or equipment used for the purpose of providing lawful amusement, sales of goods, services, or other valuable things, or telecommunications with intent to obtain property or services. Error message | View complete answer on https://www.hotcity.co.nz. Section 30.05, Texas Penal Code, provides that a person commits an offense if the person enters or remains on property of another without effective consent, and the person: had notice that the entry was forbidden, or. Acts 2017, 85th Leg., R.S., Ch. 2, eff. Save my name, email, and website in this browser for the next time I comment. (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. endobj Acts 2009, 81st Leg., R.S., Ch. 3 0 obj What Are The Penalties For Criminal 2112), Sec. Acts 2019, 86th Leg., R.S., Ch. 602 (S.B. 1, eff. 1927), Sec. 23, eff. WebA police officer can not make a warrant-less jail arrest for criminal trespass when a September 1, 2019. September 1, 2021. 1138 (H.B. Sec. 139, Sec. September 1, 2013. September 1, 2019. (f) It is not a defense to prosecution under this section that the handgun was carried in a holster. (d-2) At the punishment stage of a trial in which the attorney representing the state seeks the increase in punishment provided by Subsection (d)(3)(B), the defendant may raise the issue as to whether, at the time of the instant offense or the previous offense, the defendant was engaging in speech or expressive conduct protected by the First Amendment to the United States Constitution or Section 8, Article I, Texas Constitution.
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