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 Explorer Zero
     
 |  |  | REFERENCE POST TEXAS PENAL CODE 30.05
< on 11/12/2005 12:06 PM >
|  | | | This information was cut and paste from the Texas Penal Code. It is not intended as legal advice. Hopefully this will dispell some myths and misconceptions if not the BS. You can believe it or not, Im not creative enough to make this up. No need to reply to this thread it is for reference only and not intended as a discussion
PENAL CODE
CHAPTER 30. BURGLARY AND CRIMINAL[0] TRESPASS[0]
§ 30.01. DEFINITIONS. In this chapter:
(1) "Habitation" means a structure or vehicle that is
adapted for the overnight accommodation of persons, and includes:
(A) each separately secured or occupied portion
of the structure or vehicle; and
( each structure appurtenant to or connected
with the structure or vehicle.
(2) "Building" means any enclosed structure intended
for use or occupation as a habitation or for some purpose of trade,
manufacture, ornament, or use.
(3) "Vehicle" includes any device in, on, or by which
any person or property is or may be propelled, moved, or drawn in
the normal course of commerce or transportation, except such
devices as are classified as "habitation."
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 30.02. BURGLARY. (a) A person commits an offense if,
without the effective consent of the owner, the person:
(1) 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
(2) remains concealed, with intent to commit a felony,
theft, or an assault, in a building or habitation; or
(3) enters a building or habitation and commits or
attempts to commit a felony, theft, or an assault.
(b) For purposes of this section, "enter" means to intrude:
(1) any part of the body; or
(2) any physical object connected with the body.
(c) Except as provided in Subsection (d), an offense under
this section is a:
(1) state jail felony if committed in a building other
than a habitation; or
(2) felony of the second degree if committed in a
habitation.
(d) An offense under this section is a felony of the first
degree if:
(1) the premises are a habitation; and
(2) any party to the offense entered the habitation
with intent to commit a felony other than felony theft or committed
or attempted to commit a felony other than felony theft.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994; Acts 1995, 74th Leg., ch. 318, § 8, eff. Sept. 1, 1995;
Acts 1999, 76th Leg., ch. 727, § 1, eff. Sept. 1, 1999.
§ 30.03. BURGLARY OF COIN-OPERATED OR COIN COLLECTION
MACHINES. (a) A person commits an offense if, without the
effective consent of the owner, he breaks or enters into any
coin-operated machine, coin collection machine, or other
coin-operated or coin collection receptacle, contrivance,
apparatus, or equipment used for the purpose of providing lawful
amusement, sales of goods, services, or other valuable things, or
telecommunications with intent to obtain property or services.
(b) For purposes of this section, "entry" includes every
kind of entry except one made with the effective consent of the
owner.
(c) An offense under this section is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1987, 70th Leg., ch. 62, § 1, eff. Sept. 1, 1987;
Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
§ 30.04. BURGLARY OF VEHICLES. (a) A person commits an
offense if, without the effective consent of the owner, he breaks
into or enters a vehicle or any part of a vehicle with intent to
commit any felony or theft.
(b) For purposes of this section, "enter" means to intrude:
(1) any part of the body; or
(2) any physical object connected with the body.
(c) For purposes of this section, a container or trailer
carried on a rail car is a part of the rail car.
(d) An offense under this section is a Class A misdemeanor
unless the vehicle or part of the vehicle broken into or entered is
a rail car, in which event the offense is a state jail felony.
(e) It is a defense to prosecution under this section that
the actor entered a rail car or any part of a rail car 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.).
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994; Acts 1999, 76th Leg., ch. 916, § 1, eff. Sept. 1, 1999.
§ 30.05. CRIMINAL[0] TRESPASS[0]. (a) A person commits an
offense if he enters or remains on or in property, including an
aircraft or other vehicle, of another without effective consent or
he enters or remains in a building of another without effective
consent and he:
(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;
( 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
( is listed on the state registry established
under Section 361.181, Health and Safety Code.
(c) It is a defense to prosecution under this section that
the actor at the time of the offense was a fire fighter or emergency
medical services personnel, as that term is defined by Section
773.003, Health and Safety Code, acting in the lawful discharge of
an official duty under exigent circumstances.
(d) An offense under Subsection (e) is a Class C misdemeanor
unless it is committed in a habitation or unless the actor carries a
deadly weapon on or about the actor's person during the commission
of the offense, in which event it is a Class A misdemeanor. An
offense under Subsection (a) is a Class B misdemeanor, except that
the offense is a Class A misdemeanor if:
(1) the offense is committed:
(A) in a habitation or a shelter center; or
( on a Superfund site; or
(2) the actor carries a deadly weapon on or about his
person during the commission of the offense.
(e) A person commits an offense if without express consent
or if without authorization provided by any law, whether in writing
or other form, the person:
(1) enters or remains on agricultural land of another;
(2) is on the agricultural land and within 100 feet of
the boundary of the land when apprehended; and
(3) had notice that the entry was forbidden or
received notice to depart but failed to do so.
(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.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1979, 66th Leg., p. 1114, ch. 530, § 3, eff. Aug.
27, 1979; Acts 1981, 67th Leg., p. 2385, ch. 596, § 1, eff. Sept.
1, 1981; Acts 1989, 71st Leg., ch. 139, § 1, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 308, § 1, eff. Sept. 1, 1991; Acts
1993, 73rd Leg., ch. 24, § 1, eff. Sept. 1, 1993; Acts 1993, 73rd
Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg.,
ch. 1229, § 1, 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch.
161, § 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 169, §
1, 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 765, § 1, 2,
eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, § 16.002,
21.001(94), eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1078,
§ 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1178, § 1,
eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, § 14B.001,
eff. Sept. 1, 2003.
§ 30.06. TRESPASS[0] 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
( 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[0] 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
( 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.
Added by Acts 1997, 75th Leg., ch. 1261, § 23, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, § 9.24, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1178, § 2, eff. Sept. 1,
2003.
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[last edit 11/12/2005 12:07 PM by Explorer Zero - edited 1 times]
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Explorer Zero
| | | Re: REFERENCE POST TEXAS PENAL CODE 30.05
<Reply # 1 on 11/12/2005 12:11 PM >
| | | | the smilies are inadvertent
some alpha characters in the Word.doc are inside ( )
this was cut and pasted direct no editing has been done
enjoy
[last edit 11/12/2005 12:11 PM by Explorer Zero - edited 1 times]
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