This article explains the legal concept of criminal trespass in Texas, informing property owners and the public about what actions constitute an offense under state law. The following sections explore the fundamental components of the offense, various specific types of trespass, the associated legal penalties, and situations not defined as criminal trespass.
Elements of Criminal Trespass in Texas
For an act to be criminal trespass in Texas, the first element is “entry,” defined as the intrusion of the entire body onto a property. This means that simply reaching an arm across a property line does not suffice; the individual’s whole body must cross the boundary.1Texas Public Law. Texas Penal Code Section 30.05 – Criminal Trespass The location must be the “property of another,” meaning the land, building, or vehicle does not belong to the person entering it.
Another element is the absence of “effective consent” from the property owner or an authorized agent. Consent is ineffective if obtained through force, threat, or deception, or if granted by someone without the authority to do so. A person who enters with permission can still be charged with trespass if that consent is revoked and they fail to leave after being asked.
Finally, the individual must have had “notice” that their entry was forbidden. This can be a direct oral or written communication, such as being told to stay off the property. Notice is also legally established by physical barriers like fences or other enclosures clearly designed to keep intruders out. Additionally, signs posted in a manner reasonably likely to be seen by intruders serve as valid notice, as do purple paint markings on trees or posts. These markings must be vertical lines at least eight inches long and one inch wide, with the bottom of the mark positioned between three and five feet from the ground.2Texas Public Law. Texas Penal Code Section 30.05 – Criminal Trespass
Specific Criminal Trespass Offenses and Locations
Texas law addresses criminal trespass in several specific contexts with unique rules. Trespassing on agricultural land, for instance, has distinct provisions where the presence of crops grown for human consumption is a form of notice that entry is forbidden.
The law also provides heightened protection for “critical infrastructure facilities.” These locations include power plants, water treatment facilities, chemical plants, and railroad switching yards, among others, provided they are enclosed by a fence or another barrier designed to exclude intruders.3Texas Public Law. Texas Penal Code Section 30.05 – Criminal Trespass Trespassing in these areas is treated more seriously than a standard offense due to the potential risk to public safety and services.
Specific statutes also apply to individuals licensed to carry handguns. To legally prohibit licensed carrying, a property owner must post specific signs at each entrance that meet strict requirements for wording, size, and language. If a license holder carries a handgun onto a property with such a sign, it is a Class C misdemeanor, which becomes a Class A misdemeanor if the person is told to leave and refuses.4Texas Public Law. Texas Penal Code Section 30.06 – Trespass by License Holder with a Concealed Handgun
Penalties for Criminal Trespass
The legal consequences for criminal trespass in Texas vary depending on the specifics of the offense. The standard charge is a Class B misdemeanor, which can result in a fine of up to $2,000, up to 180 days in county jail, or both. This classification applies when no other specific aggravating factors are present.
Penalties can be less severe for certain types of land. For example, trespassing on agricultural land within 100 feet of the boundary is often a Class C misdemeanor.5Texas Public Law. Texas Penal Code Section 30.05 – Criminal Trespass A Class C misdemeanor is punishable by a fine of up to $500 and does not involve jail time.
Conversely, the penalties increase when certain factors are involved. If a person trespasses while carrying a deadly weapon, or if the trespass occurs in a habitation, shelter center, or critical infrastructure facility, the offense is elevated to a Class A misdemeanor.6Texas Public Law. Texas Penal Code Section 30.05 – Criminal Trespass A Class A misdemeanor carries a potential fine of up to $4,000 and up to one year in jail. In some cases, such as when the trespass is combined with intent to commit another felony like theft or assault, the charges can escalate to burglary.7Texas Public Law. Texas Penal Code Section 30.02 – Burglary
Situations Not Constituting Criminal Trespass
Several situations do not legally qualify as criminal trespass, often because a core element of the offense is not met. The most straightforward example is when a person has effective consent from the property owner to be there. An act is also not trespass if the property was open to the public and the individual complied with all lawful conditions, such as entering a retail store during business hours to shop.
If a property owner has not provided adequate notice that entry is forbidden, a person may not be liable for criminal trespass. A lack of legally recognized notice can be a defense that the person was unaware their entry was prohibited. Certain public servants, like firefighters and emergency medical personnel performing official duties, may also be exempt from trespass laws under specific circumstances.