What Constitutes Criminal Trespassing

Full Question:

I need information on trespassing into a high school football stadium which is also used for the public to jog and walk. The field remains opened and unlocked at all times.
11/26/2007   |   Category: Real Property ยป Trespassing   |   State: Texas   |   #12835

Answer:

The following is a TX statute:

§ 30.05. CRIMINAL TRESPASS[0].

(a) A person commits an
offense if he enters or remains on or in property, including an
aircraft or other vehicle, of another without effective consent or
he enters or remains in a building of another without effective
consent and he:

(1) had notice that the entry was forbidden; or

(2) received notice to depart but failed to do so.

(b) For purposes of this section:

(1) "Entry" means the intrusion of the entire body.

(2) "Notice" means:

(A) oral or written communication by the owner or
someone with apparent authority to act for the owner;

(B) fencing or other enclosure obviously
designed to exclude intruders or to contain livestock;

(C) a sign or signs posted on the property or at
the entrance to the building, reasonably likely to come to the
attention of intruders, indicating that entry is forbidden;

(D) the placement of identifying purple paint
marks on trees or posts on the property, provided that the marks
are:

(i) vertical lines of not less than eight
inches in length and not less than one inch in width;

(ii) placed so that the bottom of the mark
is not less than three feet from the ground or more than five feet
from the ground; and

(iii) placed at locations that are readily
visible to any person approaching the property and no more than:

(a) 100 feet apart on forest land; or

(b) 1,000 feet apart on land other

than forest land; or

(E) the visible presence on the property of a
crop grown for human consumption that is under cultivation, in the
process of being harvested, or marketable if harvested at the time
of entry.

(3) "Shelter center" has the meaning assigned by
Section 51.002, Human Resources Code.

(4) "Forest land" means land on which the trees are
potentially valuable for timber products.

(5) "Agricultural land" has the meaning assigned by
Section 75.001, Civil Practice and Remedies Code.

(6) "Superfund site" means a facility that:

(A) is on the National Priorities List
established under Section 105 of the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. Section 9605); or

(B) is listed on the state registry established
under Section 361.181, Health and Safety Code.

(7) "Critical infrastructure facility" means one of
the following, if completely enclosed by a fence or other physical
barrier that is obviously designed to exclude intruders:

(A) a chemical manufacturing facility;

(B) a refinery;

(C) an electrical power generating facility,
substation, switching station, electrical control center, or
electrical transmission or distribution facility;

(D) a water intake structure, water treatment
facility, wastewater treatment plant, or pump station;

(E) a natural gas transmission compressor
station;

(F) a liquid natural gas terminal or storage
facility;

(G) a telecommunications central switching
office;

(H) a port, railroad switching yard, trucking
terminal, or other freight transportation facility;

(I) a gas processing plant, including a plant
used in the processing, treatment, or fractionation of natural gas;
or

(J) a transmission facility used by a federally
licensed radio or television station.

(c) It is a defense to prosecution under this section that
the actor at the time of the offense was a fire fighter or emergency
medical services personnel, as that term is defined by Section
773.003, Health and Safety Code, acting in the lawful discharge of
an official duty under exigent circumstances.

(d) An offense under Subsection (e) is a Class C misdemeanor
unless it is committed in a habitation or unless the actor carries a
deadly weapon on or about the actor's person during the commission
of the offense, in which event it is a Class A misdemeanor. An
offense under Subsection (a) is a Class B misdemeanor, except that
the offense is a Class A misdemeanor if:

(1) the offense is committed:

(A) in a habitation or a shelter center;

(B) on a Superfund site; or

(C) on or in a critical infrastructure facility;
or

(2) the actor carries a deadly weapon on or about his
person during the commission of the offense.

(e) A person commits an offense if without express consent
or if without authorization provided by any law, whether in writing
or other form, the person:

(1) enters or remains on agricultural land of another;

(2) is on the agricultural land and within 100 feet of
the boundary of the land when apprehended; and

(3) had notice that the entry was forbidden or
received notice to depart but failed to do so.

(f) It is a defense to prosecution under this section that:

(1) the basis on which entry on the property or land or
in the building was forbidden is that entry with a handgun was
forbidden; and

(2) the person was carrying a concealed handgun and a
license issued under Subchapter H, Chapter 411, Government Code, to
carry a concealed handgun of the same category the person was
carrying.

Text of subsec. (g) as added by Acts 2005, 79th Leg., ch. 1093.

(g) This section does not apply if:

(1) the basis on which entry on the property or land or
in the building was forbidden is that entry with a handgun or other
weapon was forbidden; and

(2) the actor at the time of the offense was a peace
officer, including a commissioned peace officer of a recognized
state, or a special investigator under Article 2.122, Code of
Criminal Procedure, regardless of whether the peace officer or
special investigator was engaged in the actual discharge of an
official duty while carrying the weapon.
Text of subsec. (g) as added by Acts 2005, 79th Leg., ch. 1337.

(g) It is a defense to prosecution under this section that
the actor entered a railroad switching yard or any part of a
railroad switching yard and was at that time an employee or a
representative of employees exercising a right under the Railway
Labor Act (45 U.S.C. Section 151 et seq.).
Text of subsec. (h) as added by Acts 2005, 79th Leg., ch. 1093.

(h) For purposes of Subsection (g), "recognized state"
means another state with which the attorney general of this state,
with the approval of the governor of this state, negotiated an
agreement after determining that the other state:

(1) has firearm proficiency requirements for peace
officers; and

(2) fully recognizes the right of peace officers
commissioned in this state to carry weapons in the other state.
Text of subsec. (h) as added by Acts 2005, 79th Leg., ch. 1337.

(h) At the punishment stage of a trial in which the attorney
representing the state seeks the increase in punishment provided by
Subsection (d)(1)(C), the defendant may raise the issue as to
whether the defendant entered or remained on or in a critical
infrastructure facility as part of a peaceful or lawful assembly,
including an attempt to exercise rights guaranteed by state or
federal labor laws. If the defendant proves the issue in the
affirmative by a preponderance of the evidence, the increase in
punishment provided by Subsection (d)(1)(C) does not apply.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1979, 66th Leg., p. 1114, ch. 530, § 3, eff. Aug.
27, 1979; Acts 1981, 67th Leg., p. 2385, ch. 596, § 1, eff. Sept.
1, 1981; Acts 1989, 71st Leg., ch. 139, § 1, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 308, § 1, eff. Sept. 1, 1991; Acts
1993, 73rd Leg., ch. 24, § 1, eff. Sept. 1, 1993; Acts 1993, 73rd
Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg.,
ch. 1229, § 1, 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch.
161, § 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 169, §
1, 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 765, § 1, 2,
eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, § 16.002,
21.001(94), eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1078,
§ 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1178, § 1,
eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, § 14B.001,
eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 1093, § 3, eff.
Sept. 1, 2005; Acts 2005, 79th Leg., ch. 1337, § 20, 21, eff.
June 18, 2005.

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