Understanding the Texas Criminal Trespass Law: A Comprehensive Guide
Criminal trespass in Texas can range from a class C misdemeanor to a class A misdemeanor, making it relatively minor in the scheme of criminal charges, but it is still important to understand it in the context of other crimes. A criminal trespass can, in some cases, provide probable cause for an arrest or search. It is also often charged in conjunction with other crimes such as criminal mischief.
If you or a loved one is charged with a crime in Williamson, Hays, or Travis counties, you can reach out to ATX Legal for a free consultation.
What is Criminal Trespass in Texas?
Criminal trespass is defined as entering another’s property without consent. It can also be charged if a person remains on or in another’s property after being told to leave. This can include various types of properties such as residential land, agricultural land, critical infrastructure facilities, and recreational vehicle parks.
This is a serious offense in Texas, with varying penalties depending on the circumstances. Understanding the specific types of properties and the conditions under which criminal trespass occurs is crucial for anyone facing such charges.
The Texas Penal Code § 30.05 defines criminal trespass and outlines the penalties for this offense. According to this section, a person commits an offense if they enter or remain on or in the property of another without effective consent. The Texas Penal Code Criminal Trespass classification includes varying degrees (Class A, B, and C misdemeanors) based on specific circumstances, such as the presence of a weapon or previous convictions, and recent amendments address offenses on agricultural land, residential areas, or certain institutions.
A person commits an offense if they enter or remain on or in the property of another without effective consent. Notice that entry is forbidden can be given in various ways, including a sign, a verbal warning, or even purple paint marks on trees or posts.
What is a Criminal Trespass Warning?
A criminal trespass warning is a way for the owner of the land in question to give notice to someone that they are trespassing. It is NOT a criminal charge, but can be used later to prove up notice if the person returns or remains on the property. A trespass warning will sometimes be noted by police and recorded into their database. Other times, a court will take notice that a person has been warned. Even though the warning does not go on your criminal history, it can still stay in the police database or court records for years.
Types of Properties That Can Be Trespassed Upon
Residential land: Criminal trespass on residential land can carry different penalties based on the circumstances and whether the property owner has given notice that entry is forbidden.
Agricultural land: Trespassing on agricultural land, particularly within 100 feet of the boundary, is considered a class C misdemeanor. This type of land is often marked with fencing or signs.
Critical infrastructure facility: Trespassing on facilities such as electrical power generating facilities, telecommunications central switching offices, and railroad switching yards is treated more severely under Texas law.
Recreational vehicle park: Entry without consent into a recreational vehicle park is considered criminal trespass and can result in misdemeanor charges.
Condominium unit governed by Chapter 82, Property Code: Specific rules govern trespassing in condominium units, where entry without permission from the unit owner can lead to legal consequences.
Leased premises governed by Chapter 92, Property Code: Leased premises are protected under the law, and unauthorized entry can result in criminal trespass charges.
Manufactured home lot governed by Chapter 94, Property Code: Similar to other residential properties, manufactured home lots have specific protections against unauthorized entry.
Tenant’s rental unit: Legal protections for a tenant’s rental unit include scenarios where tenants or their guests are allowed to carry or store firearms within their rental units, provided that entry was originally forbidden. This highlights the legal protections for tenants regarding firearm possession in their private living spaces.
Notice and Consent
Lack of Notice is often the best way to defend against Trespass charges, as the prosecutor must show beyond a reasonable doubt that the defendant was given clear notice that the land was protected.
Notice can be given in various ways, including a sign, a verbal warning, or a written notice. The Texas Penal Code specifies that notice can be provided through fencing or other enclosures designed to exclude intruders, or purple paint marks on trees or posts.
Effective consent means the owner or someone with apparent authority to act for the owner has given permission. This consent must be clear and unequivocal to avoid any legal misunderstandings.
Notice can be oral or written communication, fencing or other enclosure, a sign or signs posted on the property, or purple paint marks on trees or posts. These various methods ensure property owners can adequately communicate that entry is forbidden. Specific circumstances, such as carrying firearms or being a tenant, can serve as defenses to prosecution under this section when entry onto the property is forbidden.
Defenses to Prosecution
It is a defense to prosecution that the actor was a firefighter or emergency medical services personnel acting in the lawful discharge of an official duty under exigent circumstances. This defense is particularly important for first responders who may need to enter private property in emergencies.
It is a defense to prosecution that the actor was an employee or agent of a gas utility, pipeline, or other entity with effective consent or authorization to enter the property. Employees of such entities must often enter private property to perform their duties.
Carrying or storing a firearm or firearm ammunition in a condominium apartment or unit owner’s apartment or unit, or in their vehicle located in a parking area provided for residents or guests, is another defense. Carrying or storing a firearm or firearm ammunition directly en route to or from designated residential or leased premises can serve as a defense against prosecution. However, this defense applies only under specific conditions. Individuals, such as tenants or owners, are allowed to carry or store firearms without violating trespass laws, specifically mentioning various property types like condominiums, rental units, and vehicles.
Penalties for Criminal Trespassing
For most cases, criminal trespass is a class B misdemeanor, punishable by up to 180 days in county jail. Misdemeanor criminal trespass is classified into three categories: class A, class B, and class C, each with distinct penalties. This is the standard penalty for most trespassing offenses unless specific aggravating factors are present.
In some cases, criminal trespass can be “enhanced” to a class A misdemeanor, punishable by up to one year in county jail. This occurs when a person carries a deadly weapon while trespassing, or the trespass location is a habitation, shelter center, or critical infrastructure facility. These circumstances elevate the severity of the offense.
Criminal trespass is a class C misdemeanor (fine-only offense, so no jail time is indicated), punishable by a maximum fine of $500, if a person trespasses onto agricultural land within 100 feet of the boundary, or on residential land within 100 feet of a protected freshwater area.
Aggravated Penalties and Felony Trespassing
Possession of deadly weapons can elevate trespass charges to a felony. The presence of a deadly weapon increases the potential danger and legal consequences. Unauthorized entry into a unit owner’s apartment when firearm possession is involved can have significant implications, outlining protections for owners, tenants, and their guests against prosecution under certain circumstances.
Damage to property can heighten the charge from a minor offense to a serious crime. This is particularly true if the damage is significant or results in substantial financial loss.
Prior criminal history can be a determining factor in escalating trespassing charges to the felony level. Repeat offenders are often subject to harsher penalties.
Entering restricted-access zones can lead to felony charges in Texas. Such zones include areas with heightened security due to their importance or sensitivity.
Relationship Between Criminal Trespass and Other Crimes
Criminal trespass can be a precursor to other crimes, such as burglary or theft. Often, individuals who commit trespass do so with the intent to commit additional crimes.
A person charged with criminal trespass may also be charged with other crimes, such as disorderly conduct or resisting arrest. These charges can compound the legal issues faced by the defendant.
First Amendment Protections and Trespassing
Freedom of speech can be a valid defense against trespassing charges in some situations. For instance, peaceful protests on public property may be protected under the First Amendment.
Peaceful protests on private property may be protected by the First Amendment, but this defense is more complex and situational.
However, this defense may not remove all charges, and the classification of the misdemeanor may be reduced. It is essential to understand the specific circumstances and legal nuances involved.
Risks Involved with Criminal Trespassing
I’m sure you’ve heard about “stand your ground” laws. One of the biggest risks associated with trespassing is that the property owner can take action -even deadly action – to defend their land. Texas law provides protections for property owners in these situations.
The Texas Penal Code, section 9.41, allows property owners to use force against trespassers if necessary. This includes the use of reasonable force to prevent trespassing.
This includes the use of deadly force in certain situations, particularly if the property owner believes their safety is at risk.
Defending Against Trespassing Charges
Unclear signage can be a valid defense against a criminal trespassing charge. If the notice that entry is forbidden was not clear or visible, it can be argued that the defendant was unaware they were trespassing.
Public necessity is a defense against a criminal trespassing charge. This applies when the defendant enters property to prevent a greater harm, such as during an emergency.
Private necessity is a defense against a criminal trespassing charge. This defense is used when the trespass is necessary to protect the defendant’s own property or safety.
Having a license to carry a firearm does not automatically grant permission to enter private property.
Statute of Limitations for Trespassing Offenses
The limitation period for criminal trespass for Class B misdemeanor and above is two years.
Notable Texas Court Cases Involving Trespassing
The case law regarding criminal trespass in Texas illustrates the statute’s constitutionality.
In Zarsky v. State (1992), the defendant participated in an anti-abortion protest and was subsequently convicted of criminal trespass.
Consequences of Trespassing
Courts will often be lenient, especially for first-time offenders charged with criminal trespass offenses. Often, a dismissal, or pretrial diversion will be offered, allowing the defendant to eventually expunge their record. In other cases, deferred adjudication community supervision may be offered. Jail time is reserved for only the most serious charges, and often only when combined with other crimes.
Conclusion
Criminal trespass is a serious offense in Texas, with varying penalties depending on the circumstances.
Understanding the Texas criminal trespass law is crucial for defending against unjust allegations.
If you’ve been charged with trespassing in Texas, consider hiring an experienced attorney to protect your legal rights and formulate a successful defense.
Contact ATX Legal
Experienced criminal defense attorney Rob Chesnutt can help if you or a loved one is charged with a crime in Central Texas. Contact us for a no-cost consultation.