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UER Forum > Archived US: South > Texas Penal Code (Viewed 394 times)
invader 


Location: Euless, TX
Gender: Male


You do not throw rocks at a man that's got a machine gun!

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Texas Penal Code
< on 10/24/2013 6:53 PM >
Posted on Forum: UER Forum
 
I thought about putting this in the Rookie area but it's so broad and not location specific so I thought it would be more helpful here:

I'm new to the UE community but if you look at my rookie post, I've been casually doing this kind of thing for awhile. I was looking for some statutes and I was unable to find any here so I researched and thought I would post my findings. Perhaps this will help us stay out of trouble or at least recognize what type of trouble we may be flirting with.

reference:
http://www.statutes.legis.state.tx.us

Texas Penal Code §: Criminal Trespass

(a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
( b ) For purposes of this section:
(1) "Entry" means the intrusion of the entire body.
(2) "Notice" means:
(A) oral or written communication by the owner or someone with apparent authority to act for the owner;
( B ) fencing or other enclosure obviously designed to exclude intruders or to contain livestock;
(C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;
(D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:
(i) vertical lines of not less than eight inches in length and not less than one inch in width;
(ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and
(iii) placed at locations that are readily visible to any person approaching the property and no more than:
(a) 100 feet apart on forest land; or
( b ) 1,000 feet apart on land other than forest land; or
(E) the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry.
(3) "Shelter center" has the meaning assigned by Section 51.002, Human Resources Code.
(4) "Forest land" means land on which the trees are potentially valuable for timber products.
(5) "Agricultural land" has the meaning assigned by Section 75.001, Civil Practice and Remedies Code.
(6) "Superfund site" means a facility that:
(A) is on the National Priorities List established under Section 105 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9605); or
( B ) is listed on the state registry established under Section 361.181, Health and Safety Code.
(7) "Critical infrastructure facility" means one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders:
(A) a chemical manufacturing facility;
( B ) a refinery;
(C) an electrical power generating facility, substation, switching station, electrical control center, or electrical transmission or distribution facility;
(D) a water intake structure, water treatment facility, wastewater treatment plant, or pump station;
(E) a natural gas transmission compressor station;
(F) a liquid natural gas terminal or storage facility;
(G) a telecommunications central switching office;
(H) a port, railroad switching yard, trucking terminal, or other freight transportation facility;
(I) a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas; or
(J) a transmission facility used by a federally licensed radio or television station.
(8) "Protected freshwater area" has the meaning assigned by Section 90.001, Parks and Wildlife Code.
(9) "Recognized state" means another state with which the attorney general of this state, with the approval of the governor of this state, negotiated an agreement after determining that the other state:
(A) has firearm proficiency requirements for peace officers; and
( B ) fully recognizes the right of peace officers commissioned in this state to carry weapons in the other state.
(10) "Recreational vehicle park" means a tract of land that has rental spaces for two or more recreational vehicles, as defined by Section 522.004, Transportation Code.
(11) "Residential land" means real property improved by a dwelling and zoned for or otherwise authorized for single-family or multifamily use.
(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1138, Sec. 4, eff. September 1, 2009.
(d) An offense under this section is:
(1) a Class B misdemeanor, except as provided by Subdivisions (2) and (3);
(2) a Class C misdemeanor, except as provided by Subdivision (3), if the offense is committed:
(A) on agricultural land and within 100 feet of the boundary of the land; or
( B ) on residential land and within 100 feet of a protected freshwater area; and
(3) a Class A misdemeanor if:
(A) the offense is committed:
(i) in a habitation or a shelter center;
(ii) on a Superfund site; or
(iii) on or in a critical infrastructure facility; or
( B ) the person carries a deadly weapon during the commission of the offense.
(e) It is a defense to prosecution under this section that the actor at the time of the offense was:
(1) a firefighter or emergency medical services personnel, as defined by Section 773.003, Health and Safety Code, acting in the lawful discharge of an official duty under exigent circumstances;
(2) a person who was:
(A) an employee or agent of:
(i) an electric utility, as defined by Section 31.002, Utilities Code;
(ii) a telecommunications provider, as defined by Section 51.002, Utilities Code;
(iii) a video service provider or cable service provider, as defined by Section 66.002, Utilities Code;
(iv) a gas utility, as defined by Section 101.003 or 121.001, Utilities Code; or
(v) a pipeline used for the transportation or sale of oil, gas, or related products; and
( B ) performing a duty within the scope of that employment or agency; or
(3) a person who was:
(A) employed by or acting as agent for an entity that had, or that the person reasonably believed had, effective consent or authorization provided by law to enter the property; and
( B ) performing a duty within the scope of that employment or agency.
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and
(2) the person was carrying a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category the person was carrying.
(g) It is a defense to prosecution under this section that the actor entered a railroad switching yard or any part of a railroad switching yard and was at that time an employee or a representative of employees exercising a right under the Railway Labor Act (45 U.S.C. Section 151 et seq.).
(h) At the punishment stage of a trial in which the attorney representing the state seeks the increase in punishment provided by Subsection (d)(3)(A)(iii), the defendant may raise the issue as to whether the defendant entered or remained on or in a critical infrastructure facility as part of a peaceful or lawful assembly, including an attempt to exercise rights guaranteed by state or federal labor laws. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the increase in punishment provided by Subsection (d)(3)(A)(iii) does not apply.
(i) This section does not apply if:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun or other weapon was forbidden; and
(2) the actor at the time of the offense was a peace officer, including a commissioned peace officer of a recognized state, or a special investigator under Article 2.122, Code of Criminal Procedure, regardless of whether the peace officer or special investigator was engaged in the actual discharge of an official duty while carrying the weapon.
(j) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1138, Sec. 4, eff. September 1, 2009.

Texas Penal Code §28.03: Criminal Mischief

(a) A person commits an offense if, without the effective consent of the owner:
(1) he intentionally or knowingly damages or destroys the tangible property of the owner;
(2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or
(3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.

Texas Penal Code §: Trespass

I can find nothing on this in the Texas Penal Code so there may be something per County or City ordinance.

Texas Penal Code §: Breaking and Entering [B&E]

I think this is called something else in Texas. I can't find anything for B&E in the Penal Code

Additional of interest for those who carry weapons:

Sec. 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN. (a) A license holder commits an offense if the license holder:
(1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder with a concealed handgun was forbidden; or
( B ) remaining on the property with a concealed handgun was forbidden and failed to depart.
( b ) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.
(c) In this section:
(1) "Entry" has the meaning assigned by Section 30.05( b ).
(2) "License holder" has the meaning assigned by Section 46.035(f).
(3) "Written communication" means:
(A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun"; or
( B ) a sign posted on the property that:
(i) includes the language described by Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner clearly visible to the public.
(d) An offense under this section is a Class A misdemeanor.
(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.

**Edited for subsections being turned to smilies**
[last edit 10/24/2013 6:56 PM by invader - edited 1 times]

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Re: Texas Penal Code
<Reply # 1 on 10/24/2013 7:58 PM >
Posted on Forum: UER Forum
 
Good reading for any new explorers in Texas! Know what laws you may or may not be breaking! Thanks for posting this.

Raticus 

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Re: Texas Penal Code
<Reply # 2 on 10/25/2013 2:06 AM >
Posted on Forum: UER Forum
 
It's a long post, but good to be reminded of it once in a while. By reading that, I'll likely be in jail by the end of the weekend. lol. Ehh, I'm going to be in Louisiana this weekend though, not Texas.

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cdevon 


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Re: Texas Penal Code
<Reply # 3 on 10/25/2013 2:45 AM >
Posted on Forum: UER Forum
 
whew... glad I never got busted.

welcome to the forums!

When I say I'm 'clean and sober', it means I've showered and I'm headed to the liquor store.
Hinahanta 

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Re: Texas Penal Code
<Reply # 4 on 10/25/2013 4:24 AM >
Posted on Forum: UER Forum
 
I have a CHL and do carry, that is one of the reasons i do not do a lot of in city exploring, there is plenty of history on public lands to keep me buisy.

yeya 


Location: La La Land, TX
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Re: Texas Penal Code
<Reply # 5 on 10/25/2013 4:43 AM >
Posted on Forum: UER Forum
 
Goodness, do I dare read the WHOLE thing. Thanks for posting, I'll probably read it little by little, lol

Edit: Also, welcome to the forums!
[last edit 10/25/2013 4:47 AM by yeya - edited 2 times]

Astro 

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Re: Texas Penal Code
<Reply # 6 on 10/25/2013 6:15 AM >
Posted on Forum: UER Forum
 
Penis Code

[02:33:56] <Valkyre> Astro your whole life is ruled by the sentence ' life is better without clothes on'
[22:16:00] <DSomms> it was normal until astro got here
Astro: Patron Saint of Drains
Astro 

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Re: Texas Penal Code
<Reply # 7 on 10/25/2013 6:17 AM >
Posted on Forum: UER Forum
 
Posted by invader



**Edited for subsections being turned to smilies**


Also, this is amazing. I feel like it would have been better if you had left them all there.

[02:33:56] <Valkyre> Astro your whole life is ruled by the sentence ' life is better without clothes on'
[22:16:00] <DSomms> it was normal until astro got here
Astro: Patron Saint of Drains
BrandonFireKing 


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Re: Texas Penal Code
<Reply # 8 on 10/25/2013 6:33 AM >
Posted on Forum: UER Forum
 
Posted by Astro
Penis Code


got to it first

Apparently that DID just happen. And I AM proud of it
A Through Z Explorations 


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Re: Texas Penal Code
<Reply # 9 on 10/25/2013 11:30 AM >
Posted on Forum: UER Forum
 
Posted by Hinahanta
I have a CHL and do carry, that is one of the reasons i do not do a lot of in city exploring, there is plenty of history on public lands to keep me buisy.


And THAT is why you are not a full member.

"It's just a dance, not romance."
Hinahanta 

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Re: Texas Penal Code
<Reply # 10 on 10/25/2013 1:15 PM >
Posted on Forum: UER Forum
 
I know, my whole goal in life was to become a full member, but I know it will never happen, The truth is i travel to much to do alot of exploring, so when i do go it has to be something good something unique, for me tagged up buildings and empty homes have no value, i say that only because that is how i feel, i will be back in the States next month and i plane on taking a 4 day explore to a place i have been looking for, but that is the type of UEing i like, but never did i join to become a full member, sorry.

fatwax4 


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Re: Texas Penal Code
<Reply # 11 on 10/25/2013 1:25 PM >
Posted on Forum: UER Forum
 
Being a full member is over rated anyway.....

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invader 


Location: Euless, TX
Gender: Male


You do not throw rocks at a man that's got a machine gun!

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Re: Texas Penal Code
<Reply # 12 on 10/25/2013 3:22 PM >
Posted on Forum: UER Forum
 
Posted by Astro


Also, this is amazing. I feel like it would have been better if you had left them all there.


I thought about it. Those cool guy sunglasses smilies added a bit of cop feel to the whole thing - lol

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Re: Texas Penal Code
<Reply # 13 on 10/25/2013 5:41 PM >
Posted on Forum: UER Forum
 
(D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:
(i) vertical lines of not less than eight inches in length and not less than one inch in width;
(ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground;


I think this is a particularly good one to point out. Whenever I see this one I usually skip the location because I associate it with a farmer with a shotgun. One time I decided to risk it but as soon as I saw livestock I said "no thank you" and departed as quickly as possible. Trespassing and the perception that someone is messing with their livelihood = legal grounds for self defense shooting = bad times.

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Astro 

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Re: Texas Penal Code
<Reply # 14 on 10/25/2013 6:49 PM >
Posted on Forum: UER Forum
 
Posted by RevSM
(D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:
(i) vertical lines of not less than eight inches in length and not less than one inch in width;
(ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground;


I think this is a particularly good one to point out. Whenever I see this one I usually skip the location because I associate it with a farmer with a shotgun. One time I decided to risk it but as soon as I saw livestock I said "no thank you" and departed as quickly as possible. Trespassing and the perception that someone is messing with their livelihood = legal grounds for self defense shooting = bad times.





It also gives me the conclusion that the property owner is very aware of the laws and their rights, as well. Which is less than I'd say about the people with the single "no trespassing " sign on the massive buildings. So they've gone out of their way to let you know that they want no part of you on their land.



[02:33:56] <Valkyre> Astro your whole life is ruled by the sentence ' life is better without clothes on'
[22:16:00] <DSomms> it was normal until astro got here
Astro: Patron Saint of Drains
undercontrol 


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Re: Texas Penal Code
<Reply # 15 on 10/29/2013 1:14 AM >
Posted on Forum: UER Forum
 

Texas Penal Code §: Trespass

I can find nothing on this in the Texas Penal Code so there may be something per County or City ordinance.

Texas Penal Code §: Breaking and Entering [B&E]

I think this is called something else in Texas. I can't find anything for B&E in the Penal Code



As far as urbexing, Criminal Trespass IS the code you are looking for, as that's what cops will arrest you for and charge you on. I believe you are looking otherwise for simple trespass, which would be a civil suit (aka the property owner is directly suing you).

I believe, but I'm not certain, that in Texas instead of breaking and entering you would be charged with burglary (breaking and entering with the intent to commit a felony, such as theft, rape, murder, felony mischief etc.) or, if you didn't commit or intend to commit a felony, criminal trespass. Breaking and entering is a common law concept.

Here's my 30-second overview of both from what I remember from law school:

"Civil" Trespass - basically entering or causing anything to enter (ex: standing off the property but throwing a rock through a house on the property, herding cattle on, etc.) the property of another. They can sue you IF they can prove damages (broken window, trampled lawn by the cattle, etc.)

Common Law B&E - There must be a breaking, such as physically opening a door, a window, punching through old plywood, etc., or a constructive breaking, such as telling an elderly widow you're a plumber so that she lets you into her home. There must also be physical entry, any amount of entry (sticking one finger in) counts, as does using a fishing rod to fish items out of a window. Point: if there's no door, you're not breaking and entering. You're just trespassing.


Source: I'm a lawyer. But not a criminal lawyer.
[last edit 10/29/2013 1:15 AM by undercontrol - edited 1 times]

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invader 


Location: Euless, TX
Gender: Male


You do not throw rocks at a man that's got a machine gun!

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Re: Texas Penal Code
<Reply # 16 on 10/29/2013 2:29 PM >
Posted on Forum: UER Forum
 
Posted by undercontrol

Source: I'm a lawyer. But not a criminal lawyer.


Thanks for the great input! That's the way I always thought it was but since I couldn't find anything to reference I didn't want to speculate. I went through an unlocked door at my neighbor's house after they moved out when I was about 8 years old and mom freaked out about B&E so I had that instilled in me at a very young age. lol

UER Forum > Archived US: South > Texas Penal Code (Viewed 394 times)



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