A person commits the offense of criminal trespass or criminal trespassing by entering or remaining on the property of another—including residential land, agricultural land, recreational land (such as a vehicle park), a building, an aircraft, or an automobile—without consent and if the person (1) had notice that the entry was forbidden, or (2) received notice to depart, but failed to do so.
The definitions and penalties for criminal trespassing vary from state to state and are usually located in a state’s penal or criminal code (statutes).
In Texas, criminal trespass is defined under the Texas Penal Code Section 30.05. A person commits an offense if they enter or remain on someone else's property without consent and after having been given notice that entry was forbidden or after receiving notice to leave but failing to do so. This includes residential, agricultural, and recreational land, as well as buildings and vehicles. Notice can be given in various forms, including oral or written communication by the owner or someone with apparent authority to act for the owner, fencing or other enclosures designed to exclude intruders, or by signs posted on the property or at the entrance to the building. The penalties for criminal trespass in Texas can range from a Class B misdemeanor to a Class C misdemeanor, depending on the circumstances of the trespass, such as whether the trespasser carried a deadly weapon during the commission of the offense or if the property was agricultural land within 100 feet of the boundary. Enhanced penalties may apply for repeat offenses or trespassing on certain types of property.
