Penal 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 areaClass C misdemeanor
Only basis for forbidding entry was carrying a firearm or other weaponClass C misdemeanor (fine up to $200), with exceptions
Habitation / shelter center / Superfund site / critical infrastructure facilityClass A misdemeanor
Higher-education property, with a prior conviction for trespassing thereClass A misdemeanor
Carrying a deadly weaponClass A misdemeanor
Property of a residential treatment centerClass 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

Criminal Trespass (§30.05) committed in a habitation, Shelter Center, or Superfund site is what level of offense?

  1. Class C misdemeanor
  2. Class B misdemeanor
  3. Class A misdemeanor Correct
  4. State jail felony
Why: Basic Criminal Trespass is a Class B misdemeanor. It is a Class A if committed in a habitation, Shelter Center, Superfund site, or critical infrastructure facility, OR if the actor carries a deadly weapon. A Class C applies to certain agricultural land within 100 feet of a fence or perimeter.
Statute: Tex. Penal Code §30.05(d)