Penal Code · §30.05
Criminal Trespass
Elements
- A person
- Enters or remains on or in property of another (including residential land, agricultural land, recreational vehicle park, building, aircraft, or other vehicle) without effective consent
- Had notice that the entry was forbidden, OR received notice to depart but failed to do so
- ("Notice" includes oral or written communication, fencing, signs, purple paint markings, or actual notice of trespass policy)
Penalty
Class B misdemeanor base — up to 180 days county jail + up to $2,000 fine (§12.22). Class A misdemeanor if: trespass occurs in a habitation, shelter center, agricultural land within 100 feet of a fence/protected freshwater area, or Superfund site; OR actor carries a deadly weapon during the offense.
Enhancements
Class C misdemeanor (fine only) for trespass on agricultural land within 100 feet of a boundary if not in a building. Specific premises like critical infrastructure facilities, recreational vehicle parks, and military installations carry their own classifications.