Penal Code · §30.01

Burglary

Burglary is covered under §30.01 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Structure or vehicle; Adapted for overnight accommodation of persons; Includes appurtenances and separately secured portions.

Elements you must prove

  • Structure or vehicle
  • Adapted for overnight accommodation of persons
  • Includes appurtenances and separately secured portions

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Worked examples

Worked example 1

Under §30.01, 'Habitation' is defined as:

  1. Any building, occupied or not
  2. A structure or vehicle that is adapted for the overnight accommodation of persons Correct
  3. A residence with at least 2 bedrooms
  4. Any house — apartments are 'buildings'
Why: A habitation is any structure or vehicle adapted for overnight accommodation — houses, apartments, motel rooms, RVs, tents adapted for that purpose, plus separately secured/occupied portions and appurtenances.
Statute: Tex. Penal Code §30.01(1)

Statutory definitions for this topic

Habitation Tex. Penal Code §30.01(1)
A structure or vehicle that is adapted for the overnight accommodation of persons; includes each separately secured or occupied portion of the structure or vehicle and each structure appurtenant to or connected with it.
Building Tex. Penal Code §30.01(2)
Any enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.
Vehicle Tex. Penal Code §30.01(3); §1.07(a)(48)
A device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation. Excludes vehicles adapted for overnight accommodation (those become habitations).