Burglary
Without effective consent of owner: (1) enters habitation or building (not then open to public) with intent to commit felony, theft, or assault; (2) remains concealed in habitation or building with such intent; OR (3) enters and commits or attempts a felony, theft, or assault.
To prove this offense, the State must establish each of the following elements: Without effective consent of owner; Enters habitation, OR remains concealed in habitation, OR enters and commits/attempts felony, theft, or assault; With intent to commit a felony, theft, or assault; 2nd degree (default); 1st degree if non-theft felony.
The base classification is Varies by structure & intent, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- Without effective consent of owner
- Enters habitation, OR remains concealed in habitation, OR enters and commits/attempts felony, theft, or assault
- With intent to commit a felony, theft, or assault
- 2nd degree (default); 1st degree if non-theft felony
Without effective consent of owner: (1) enters habitation or building (not then open to public) with intent to commit felony, theft, or assault; (2) remains concealed in habitation or building with such intent; OR (3) enters and commits or attempts a felony, theft, or assault.
| If this condition applies… | Charge escalates to | Statute |
|---|---|---|
| Building (not habitation) | State jail felony | §30.02(c)(1) |
| Habitation, intent = theft/assault/felony theft | 2nd degree felony | §30.02(c)(2) |
| Habitation + entry/commission of felony other than felony theft | 1st degree felony | §30.02(d) |
Practice 3 questions on this topic
Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.
Worked examples
Burglary of a Habitation under §30.02 with intent to commit theft, assault, or any felony other than felony theft, is what level of offense?
- State jail felony
- 3rd degree felony
- 2nd degree felony Correct
- 1st degree felony
Burglary of a Building (not a habitation) is what level of offense?
- Class A misdemeanor
- State jail felony Correct
- 3rd degree felony
- 2nd degree felony
A defendant pries open the back door of a single-family home that he believes is empty. He is caught inside the kitchen. The State proves he intended to steal. Charge?
- Criminal Trespass — Class A misdemeanor
- Burglary of a Building — state jail felony
- Burglary of a Habitation with intent to commit theft — 2nd degree felony Correct
- Burglary of a Habitation with intent to commit non-theft felony — 1st degree felony