Family Code · §30.05
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.
The base classification is Class B misdemeanor (default), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Key points
- Enters or remains on/in property without effective consent
- Notice that entry was forbidden, OR received notice to depart and failed to do so
- Grade: Class B by default; Class C on agricultural land within 100 feet of the boundary (and in certain other listed cases); Class A in a habitation, shelter center, Superfund site, critical infrastructure facility, or other listed place, or with a deadly weapon (§30.05(d))
Texas Law — Charge Details
Class C Misd. → 3rd Degree Felony
Offense
Criminal Trespass
Statute
Tex. Penal Code §30.05
Classification
Class B misdemeanor (default)
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.
Potential Penalty Enhancements
| If this condition applies… | Charge escalates to |
|---|---|
| Agricultural land within 100 ft of the boundary, or residential land within 100 ft of a protected freshwater area | Class C misdemeanor |
| Only basis for forbidding entry was carrying a firearm or other weapon | Class C misdemeanor (fine up to $200), with exceptions |
| Habitation / shelter center / Superfund site / critical infrastructure facility | Class A misdemeanor |
| Higher-education property, with a prior conviction for trespassing there | Class A misdemeanor |
| Carrying a deadly weapon | Class A misdemeanor |
| Property of a residential treatment center | Class A misdemeanor |
| Committed in the course of smuggling of persons under §20.05(a)(2) | 3rd degree felony |
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Worked examples
Worked example 1
SCENARIO. Officer is asked by a divorce litigant to enter the home and 'help me get my stuff while she's at work.' What is the typical correct course?
- Help retrieve property
- Decline to enter; advise the party to obtain a court order (such as an SAPCR / divorce temporary order) and that any entry without consent could be criminal trespass; offer to civil-standby once the litigant has lawful right to enter Correct
- Force entry
- Make the spouse leave
Why: Officers should not assist non-court-authorized entry. Civil standby for property retrieval requires a court order or both parties' consent; otherwise, the entry may constitute criminal trespass / unlawful entry.
Statute: Tex. Penal Code §30.05; Tex. Fam. Code §6.501