Criminal Trespass
Enters or remains on/in property of another (including aircraft or other vehicle) without effective consent; had notice that entry was forbidden, or received notice to depart and failed to do so.
To prove this offense, the State must establish each of the following elements: Need lawful right to enter (consent or court order); Without right, entry may be criminal trespass; Civil standby once court order or consent is established.
The base classification is Class B misdemeanor (default), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- Need lawful right to enter (consent or court order)
- Without right, entry may be criminal trespass
- Civil standby once court order or consent is established
Enters or remains on/in property of another (including aircraft or other vehicle) without effective consent; had notice that entry was forbidden, or received notice to depart and failed to do so.
| If this condition applies… | Charge escalates to | Statute |
|---|---|---|
| Habitation / Shelter Center / Superfund / critical infrastructure | Class A misdemeanor | §30.05(d)(3) |
| Carrying a deadly weapon | Class A misdemeanor | §30.05(d)(3)(B) |
| Agricultural land within 100 ft of fence | Class C misdemeanor | §30.05(d)(1) |
Practice 1 question on this topic
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Worked examples
SCENARIO. Officer is asked by a divorce litigant to enter the home and 'help me get my stuff while she's at work.' What is the typical correct course?
- Help retrieve property
- Decline to enter; advise the party to obtain a court order (such as an SAPCR / divorce temporary order) and that any entry without consent could be criminal trespass; offer to civil-standby once the litigant has lawful right to enter Correct
- Force entry
- Make the spouse leave