Penal Code · §30.05

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: Enters or remains on/in property without effective consent; Notice that entry was forbidden, OR received notice to depart and failed to do so; Class B (default); Class A in habitation/Shelter/Superfund/critical infrastructure or with deadly weapon; Class C agricultural.

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

  • Enters or remains on/in property without effective consent
  • Notice that entry was forbidden, OR received notice to depart and failed to do so
  • Class B (default); Class A in habitation/Shelter/Superfund/critical infrastructure or with deadly weapon; Class C agricultural
Texas Law — Charge Details
Class C Misd. → Class A Misd.
Offense
Criminal Trespass
Statute
Tex. Penal Code §30.05
Classification
Class B misdemeanor (default)

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.

Potential Penalty Enhancements
If this condition applies…Charge escalates toStatute
Habitation / Shelter Center / Superfund / critical infrastructureClass A misdemeanor§30.05(d)(3)
Carrying a deadly weaponClass A misdemeanor§30.05(d)(3)(B)
Agricultural land within 100 ft of fenceClass C misdemeanor§30.05(d)(1)

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Worked examples

Worked example 1

Criminal Trespass (§30.05) committed in a habitation, Shelter Center, or Superfund site is what level of offense?

  1. Class C misdemeanor
  2. Class B misdemeanor
  3. Class A misdemeanor Correct
  4. State jail felony
Why: Basic Criminal Trespass is a Class B misdemeanor. It is a Class A if committed in a habitation, Shelter Center, Superfund site, or critical infrastructure facility, OR if the actor carries a deadly weapon. A Class C applies to certain agricultural land within 100 feet of a fence or perimeter.
Statute: Tex. Penal Code §30.05(d)