Sept. 1, 2003; Acts 2003, 78th Leg., ch. Trespassing /XObject << Acts 2009, 81st Leg., R.S., Ch. (B) is listed on the state registry established under Section 361.181, Health and Safety Code. June 18, 2005. Criminal trespass can escalate and be charged as burglary when a person unlawfully enters another persons property with the intention of committing another crime, such as assault, theft, or a similar felony. September 1, 2021. (c) For purposes of this section, a container or trailer carried on a rail car is a part of the rail car. /Resources << (D) carries or stores a firearm or firearm ammunition in the actor's vehicle located on the hotel property, including a vehicle in a parking area provided for hotel guests. 530, Sec. 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 attorney's office to put a restraining order or similar notice forbidding trespassing on your property. (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. (B) fully recognizes the right of peace officers commissioned in this state to carry weapons in the other state. /Type /Pages Criminal trespass involves entering or remaining in a place knowing one is there without a license or privilege. 1138 (H.B. Section 9605); or. (11) "Residential land" means real property improved by a dwelling and zoned for or otherwise authorized for single-family or multifamily use. (11) "Residential land" means real property improved by a dwelling and zoned for or otherwise authorized for single-family or multifamily use. >> Error message | View complete answer on https://www.attorneysamuelgardner.com. 16.002, 21.001(94), eff. Acts 2021, 87th Leg., R.S., Ch. 1, eff. Acts 2019, 86th Leg., R.S., Ch. Section 30.05, Texas Penal Code, Security fences or barbed wire might be examples of fencing obviously designed to keep people out. An offense under this section is a Class C misdemeanor. This serves notice on the person that they can not come back on the property. 564 (S.B. /Type /Page September 1, 2021. BURGLARY AND CRIMINAL TRESPASS. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 17.002(13), eff. Added by Acts 1997, 75th Leg., ch. June 18, 2005. (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. UNWRITTEN PARK TRESPASS POLICY 2609), Sec. Texas Penal Code 30.05^2. Texas Penal Code 30.05(d)(2)^5. 602 (S.B. (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 0^zuMjKJ.7%'8c5. 8, eff. Acts 2013, 83rd Leg., R.S., Ch. Criminal Trespassing WebHarris County Precinct 4 Constable's Office 6831 Cypresswood Dr. Spring, TX 77379 832-927-6200 481 (H.B. 399, Sec. September 1, 2021. Criminal Trespass - Saputo Toufexis | Criminal Defense (4) the actor is not otherwise prohibited by law from possessing a firearm or firearm ammunition. Texas Acts 1973, 63rd Leg., p. 883, ch. 23, eff. This means, in the state of Texas, that you must be completely on the property, or on or in a vehicle or building. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Criminal Trespass Warnings - Texarkana, TX - Official 2 0 obj Share Improve this answer Follow answered Feb 9, 2020 at 18:00 user6726 Criminal trespass is a Class B misdemeanor, punishable by a $2,000 fine and up to 180 days in jail. /K false 2, eff. /XObject << 302), Sec. Section 30.05 of the Texas Penal Code lists all the ways that notice can be given: You can be charged with Criminal Trespass if a police officers see you entering or staying in a location you have notice to not be in, or if they believe you may have committed the offense. /Resources <<>> (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. (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. The notice to vacate may be delivered in writing or, more commonly, verbally by the property owner. 21, eff. (A) carries or stores a handgun in the tenant's rental unit; (B) carries a handgun directly en route to or from the tenant's rental unit; (C) carries a handgun directly en route to or from the license holder's vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or. 39 (H.B. (4) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. September 1, 2005. Acts 2011, 82nd Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. September 1, 2009. Criminal Trespass is a misdemeanor crime in Texas that essentially involves being somewhere youre not supposed to be. 1229, Sec. 1138, Sec. /Title (PURPOSE) /I false 1138 (H.B. 24, Sec. September 1, 2021. >> 1540), Sec. A criminal trespass warning is a warning given by the sheriff to someone who has been caught trespassing on the property of another person. September 1, 2021. 169, Sec. (ii) an offense under Section 51.204(b)(1), Education Code, relating to trespassing on the grounds of an institution of higher education; However, according to subsection (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. September 1, 2017. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 437 (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. Acts 2017, 85th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. According to Texas Penal Code 30.05, criminal trespassing is the act of knowingly entering private property without the consent of the owner. 1178), Sec. 24, Sec. 361.181 (State Registry: Annual Publication), 13.087 (Municipal Rates for Certain Recreational Vehicle Parks), 411 (Department of Public Safety of the State of Texas), 81 (Condominiums Created Before Adoption of Uniform Condominium Act). (e) It is a defense to prosecution under this section that the actor entered a rail car or any part of a rail car and was at that time an employee or a representative of employees exercising a right under the Railway Labor Act (45 U.S.C. (8) "Protected freshwater area" has the meaning assigned by Section 90.001, Parks and Wildlife Code. (j) Repealed by Acts 2009, 81st Leg., R.S., Ch. (e) It is a defense to prosecution under this section that the actor at the time of the offense was: (1) a firefighter or emergency medical services personnel, as defined by Section 773.003, Health and Safety Code, acting in the lawful discharge of an official duty under exigent circumstances; (i) an electric utility, as defined by Section 31.002, Utilities Code; (ii) a telecommunications provider, as defined by Section 51.002, Utilities Code; (iii) a video service provider or cable service provider, as defined by Section 66.002, Utilities Code; (iv) a gas utility, as defined by Section 101.003, Utilities Code, which for the purposes of this subsection includes a municipally owned utility as defined by that section; (v) a gas utility, as defined by Section 121.001, Utilities Code; (vi) a pipeline used for the transportation or sale of oil, gas, or related products; or, (vii) an electric cooperative or municipally owned utility, as defined by Section 11.003, Utilities Code; and, (B) performing a duty within the scope of that employment or agency; or, (A) employed by or acting as agent for an entity that had, or that the person reasonably believed had, effective consent or authorization provided by law to enter the property; and. Acts 2015, 84th Leg., R.S., Ch. 1078, Sec. endobj Copyright 2023, Thomson Reuters. 1093 (H.B. September 1, 2011. Acts 2021, 87th Leg., R.S., Ch. 4, eff.