Home » Blog » What is the punishment for criminal trespass in Texas?

What is the punishment for criminal trespass in Texas?

What is the Punishment for Criminal Trespass in Texas?

Criminal trespass is a serious offense in the state of Texas, and it is essential to understand the punishment for this crime. In this article, we will delve into the details of criminal trespass in Texas, including the definitions, types, and punishments.

What is Criminal Trespass in Texas?

Bulk Ammo for Sale at Lucky Gunner

Criminal trespass is defined as entering or remaining on someone else’s property without their consent, with the intent to commit a crime or to interfere with the property owner’s rights. Texas Penal Code Section 30.05 states that a person commits criminal trespass if they intentionally or knowingly enter or remain on property without the effective consent of the owner or occupant.

Types of Criminal Trespass in Texas

There are two types of criminal trespass in Texas:

  • First-Degree Criminal Trespass: This occurs when a person enters or remains on property without the owner’s consent, with the intent to commit a crime or to interfere with the property owner’s rights. Penalty: Up to 1 year in jail and a fine of up to $4,000.
  • Second-Degree Criminal Trespass: This occurs when a person enters or remains on property without the owner’s consent, without the intent to commit a crime or to interfere with the property owner’s rights. Penalty: Up to 180 days in jail and a fine of up to $2,000.

Punishment for Criminal Trespass in Texas

The punishment for criminal trespass in Texas depends on the type of trespass and the individual’s criminal history. Here is a breakdown of the punishments:

Type of TrespassPenalty
First-Degree Criminal TrespassUp to 1 year in jail and a fine of up to $4,000
Second-Degree Criminal TrespassUp to 180 days in jail and a fine of up to $2,000

Enhanced Punishment for Repeat Offenders

If a person has previously been convicted of criminal trespass, they may face enhanced punishment for subsequent offenses. Texas Penal Code Section 30.05(b) states that a person who has been previously convicted of criminal trespass may be punished more severely for a subsequent offense.

Other Consequences of Criminal Trespass in Texas

In addition to the criminal penalties, criminal trespass can also have other consequences, including:

  • Civil Liability: The property owner may sue the trespasser for damages and compensation for any harm caused by the trespass.
  • Trespassing on School Property: Trespassing on school property can result in additional penalties, including up to 180 days in jail and a fine of up to $2,000.
  • Trespassing on Agricultural Property: Trespassing on agricultural property can result in additional penalties, including up to 1 year in jail and a fine of up to $4,000.

Defenses to Criminal Trespass in Texas

While criminal trespass is a serious offense, there are some defenses that a person may use to challenge the charges. These include:

  • Consent: If the property owner gave the person permission to enter or remain on the property, they may have a defense to the charges.
  • Mistake of Fact: If the person believed they had the owner’s consent to enter or remain on the property, they may have a defense to the charges.
  • Lack of Intent: If the person did not intend to commit a crime or interfere with the property owner’s rights, they may have a defense to the charges.

Conclusion

Criminal trespass is a serious offense in Texas, and it is essential to understand the punishment for this crime. Whether you are facing charges for first-degree or second-degree criminal trespass, it is crucial to consult with an experienced criminal defense attorney to understand your rights and options. With the right legal representation, you may be able to challenge the charges and avoid the harsh penalties associated with criminal trespass in Texas.

Enhance Your Knowledge with Curated Videos on Guns and Accessories


Leave a Comment