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 yadrisil
 
Location: Austin/Houston, TX
Gender: Male
 |  |  | Trespassing in Texas
< on 8/22/2006 10:17 AM >
|  | | | I put this in the South forum because it's specific to Texas. I was wondering if anyone knew whether trespassing while UEing (like a random abandoned building downtown or maybe an old house somewhere) would be a class C or B misdemeanor. Of course I wouldn't have a gun or spay paint on me; I just take a camera and sometimes a flashlight. The link to the law is here: http://www.capitol...30.00.htm#30.05.00
As far as I can tell, the only thing is entering a building which may be forbidden, which is listed under subsection (a), which subsection (d) says would be a class B misdemeanor, but that same line about forbidden entry is in subsection (e), which (d) indicates would only lead to a class C misdemeanor. I'm confused and appreciate any help ^^.
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CMH
 
Gender: Male
| | Re: Trespassing in Texas
<Reply # 1 on 8/22/2006 3:06 PM >
| | | | I thought it was a Class C thing too... until I got caught and promptly charged with criminal trespass ( class B ). It was reduced to class C 'disorderly conduct' and I paid a fine, but I had a lawyer get that done.
Another unique thing was that my place was an abandoned factory... but it was actively being used to store scrap metal.
www.waysideue.org/abandon/nathomes.shtml
Bad times.
"It's funnier that way." |
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paradoxpictures2002
Location: The Great State of South Carolina
Gender: Male
Avenge Me!
| | Re: Trespassing in Texas
<Reply # 2 on 8/22/2006 3:14 PM >
| | | | I have always heard that in Texas it is legal to shoot a trespasser on your property after dark. I don't know if this is truth or just a myth, but either way be careful!
If you ever fall off the Sears Tower, just go real limp, because maybe you'll look like a dummy and people will try to catch you because, hey, free dummy |
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yadrisil
Location: Austin/Houston, TX
Gender: Male
| | | Re: Trespassing in Texas
<Reply # 3 on 8/22/2006 9:34 PM >
| | | | Posted by paradoxpictures2002
I have always heard that in Texas it is legal to shoot a trespasser on your property after dark. I don't know if this is truth or just a myth, but either way be careful!
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§ 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or
tangible, movable property:
(1) if he would be justified in using force against the
other under Section 9.41; and
(2) when and to the degree he reasonably believes the
deadly force is immediately necessary:
(A) to prevent the other's imminent commission of
arson, burglary, robbery, aggravated robbery, theft during the
nighttime, or criminal mischief during the nighttime; or
( to prevent the other who is fleeing
immediately after committing burglary, robbery, aggravated
robbery, or theft during the nighttime from escaping with the
property;
According to that I think you'd have to have proof you thought the person was performing criminal mischief. And even if it's possibly legally justified, no one likes someone who shoots college kids ^^. But, yes, do be careful (in any state). You probably shouldn't be going places where people care about/live anyway.
And thanks for that clarification, CMH. I guess it's up to a judge to determine the severity of the trespassing.
Edit: That's a B, not a smiley face ><.
[last edit 8/22/2006 9:34 PM by yadrisil - edited 1 times]
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UEjoe21
Location: Nacogdoches TX
Gender: Male
| |  | | Re: Trespassing in Texas
<Reply # 4 on 8/22/2006 9:59 PM >
| | | | According to my lawyer (same incident as CMH) , the only difference in class B and C in this matter would be what the officer felt like charging you with. Hence they mostly go with B since it is worse than a class C, disorderly conduct.
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Explorer Zero
   
| |  | Re: Trespassing in Texas
<Reply # 5 on 8/23/2006 4:57 PM >
| | | | Posted by paradoxpictures2002
I have always heard that in Texas it is legal to shoot a trespasser on your property after dark. I don't know if this is truth or just a myth, but either way be careful!
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no its not a myth
yes it happens more often than people think
And regardless of all the experts on UER the reality is its usually too late to quote a bunch of hearsay or read the penal code to the arresting officer because right or wrong when the bullet hits the bone so to speak, you lose.
The consolation is if you survive AND your only crippled or just paralyzed AND the grand jury somehow indicts the shooter/property owner you'll get your day in court, no not that day on the 30.05 charges the other court day on the guy shooting you part, and you will almost certainly lose because Texas juries hardly ever find in favor of a trespasser wounded by a landowner/agent.
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0U812
Location: Lubbock, TX
Gender: Female
Texploration
| | Re: Trespassing in Texas
<Reply # 6 on 8/23/2006 5:07 PM >
| | | | So stay outta my yard! ;)
I figured out what's wrong with life:
It's other people. |
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SilentSearch
Location: Cowtown
Gender: Male
My rebellion against the santa cursor! HoHoHo
| | Re: Trespassing in Texas
<Reply # 7 on 8/23/2006 9:25 PM >
| | | | NA NA NANA NA NA!!!!
Official UE Safety officer and rescue specialist. |
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0U812
Location: Lubbock, TX
Gender: Female
Texploration
| | Re: Trespassing in Texas
<Reply # 8 on 8/23/2006 10:02 PM >
| | | | Oh no you didn't! I'm getting my gun.
I figured out what's wrong with life:
It's other people. |
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Explorer Zero
| | | Re: Trespassing in Texas
<Reply # 9 on 8/23/2006 10:08 PM >
| | | | happiness is a warm gun
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SilentSearch
Location: Cowtown
Gender: Male
My rebellion against the santa cursor! HoHoHo
| | Re: Trespassing in Texas
<Reply # 10 on 8/24/2006 3:19 AM >
| | | | Oh, I can definitely feel the love here!!!!! 
Official UE Safety officer and rescue specialist. |
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Dokk
Location: Lewisville, Texas
Gender: Male
| |  | Re: Trespassing in Texas
<Reply # 11 on 8/24/2006 4:20 AM >
| | | | Posted by 2Xplorations
no its not a myth
yes it happens more often than people think
And regardless of all the experts on UER the reality is its usually too late to quote a bunch of hearsay or read the penal code to the arresting officer because right or wrong when the bullet hits the bone so to speak, you lose.
The consolation is if you survive AND your only crippled or just paralyzed AND the grand jury somehow indicts the shooter/property owner you'll get your day in court, no not that day on the 30.05 charges the other court day on the guy shooting you part, and you will almost certainly lose because Texas juries hardly ever find in favor of a trespasser wounded by a landowner/agent.
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I have to agree here. Ya kinda have a tendency to not give a rat's ass about the law when you're dead.
"If I'm gonna get blamed for it, I might as well do it!" |
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0U812
Location: Lubbock, TX
Gender: Female
Texploration
| | Re: Trespassing in Texas
<Reply # 12 on 8/24/2006 3:09 PM >
| | | | Posted by 2Xplorations
happiness is a warm gun
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Bang bang shoot shoot.
I figured out what's wrong with life:
It's other people. |
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RevSM
Location: South Central Texas
| | | Re: Trespassing in Texas
<Reply # 13 on 8/24/2006 3:37 PM >
| | | | Yeah, the fact is that most people only know that it's legal to shoot someone on your property. Just because parts of that law make it illegal to shoot doesn't mean that the person with the gun knows (or cares about) those parts of the law. That's why I mostly stay away from what looks like farm land.
Tetanus for Breakfast!
http://www.shatteredshutter.com |
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tag_cryptic
Location: colorado springs
Gender: Male
| | Re: Trespassing in Texas
<Reply # 14 on 8/27/2006 1:29 AM >
|  | | |
because we all know farmers are violent psychopaths. kinda takes the edge off the urban part of exploration... just bust out the chew and yall get along swimmingly.
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