Criminal Trespass
Enters or remains on/in property of another (including aircraft or other vehicle) without effective consent; had notice that entry was forbidden, or received notice to depart and failed to do so.
To prove this offense, the State must establish each of the following elements: Enters or remains on/in property without effective consent; Notice that entry was forbidden, OR received notice to depart and failed to do so; Class B (default); Class A in habitation/Shelter/Superfund/critical infrastructure or with deadly weapon; Class C agricultural.
The base classification is Class B misdemeanor (default), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- Enters or remains on/in property without effective consent
- Notice that entry was forbidden, OR received notice to depart and failed to do so
- Class B (default); Class A in habitation/Shelter/Superfund/critical infrastructure or with deadly weapon; Class C agricultural
Enters or remains on/in property of another (including aircraft or other vehicle) without effective consent; had notice that entry was forbidden, or received notice to depart and failed to do so.
| If this condition applies… | Charge escalates to | Statute |
|---|---|---|
| Habitation / Shelter Center / Superfund / critical infrastructure | Class A misdemeanor | §30.05(d)(3) |
| Carrying a deadly weapon | Class A misdemeanor | §30.05(d)(3)(B) |
| Agricultural land within 100 ft of fence | Class C misdemeanor | §30.05(d)(1) |
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Worked examples
Criminal Trespass (§30.05) committed in a habitation, Shelter Center, or Superfund site is what level of offense?
- Class C misdemeanor
- Class B misdemeanor
- Class A misdemeanor Correct
- State jail felony