Penal Code · §30.02
Burglary
Elements
- Without the effective consent of the owner
- A person 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
- Remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; OR
- Enters a building or habitation and commits or attempts to commit a felony, theft, or an assault
Penalty
Building (not habitation): State jail felony — 180 days to 2 years state jail + up to $10,000 fine (§12.35). Habitation: Second-degree felony — 2 to 20 years TDCJ + up to $10,000 fine (§12.33). Habitation with intent to commit any felony other than felony theft, or where actor commits/attempts any felony other than felony theft: First-degree felony — 5 to 99 years or life + up to $10,000 fine (§12.32).
Enhancements
Habitual offender enhancements under §12.42 apply with priors. Burglary committed during a state of emergency declared by the Governor may carry enhancements under §12.50.