The state accuses the defendant of having committed the offense of criminal trespass.

Relevant Statutes

A person commits the offense of criminal trespass if the person enters a habitation of another without effective consent and the person had notice that the entry was forbidden.

Definitions

Habitation

“Habitation” means a structure or vehicle that is adapted for the overnight accommodation of persons.

If a structure or vehicle is a habitation, each separately secured or occupied portion of the structure or vehicle is also a habitation.

Habitation also includes, in addition to a structure or vehicle itself adapted for the overnight accommodation of persons—

1. each structure connected with the adapted structure or vehicle; and
2. each structure near and related to the use and enjoyment of the adapted structure.

Entry

“Entry” means the intrusion of the entire body.

Notice

“Notice” means—

1. oral or written communication by the owner or someone with apparent authority to act for the owner; or
2. fencing or other enclosure obviously designed to [exclude intruders/contain livestock]; or
3. a sign or signs posted [on the property/at the entrance to the building], reasonably likely to come to the attention of intruders, indicating that entry is forbidden.

Consent

“Consent” means assent in fact, whether express or apparent.

Effective Consent

[Include relevant parts of definition as raised by the evidence.]

“Effective consent” includes consent by a person legally authorized to act for the owner. Consent is not effective if it is—

1. induced by force, threat, or fraud;
2. given by a person the actor knows is not legally authorized to act for the owner;
3. given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions; or
4. given solely to detect the commission of an offense.

Owner

“Owner” means a person who has—

1. title to the property; or
2. possession of the property, whether lawful or not; or
3. a greater right to possession of the property than the defendant.

Possession

“Possession” means actual care, custody, control, or management.

Intentionally Enter a Place

A person intentionally enters a place when the person has the conscious objective or desire to enter the place.

Knowingly Enter a Place

A person knowingly enters a place when the person is aware that the person is entering the place.

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, five elements. The elements are that—

1. the defendant, in [county] County, Texas, on or about [date], intentionally or knowingly entered a place, specifically [insert specific address]; and
2. the place entered was a habitation; and
3. the habitation was of another, [name]; and
4. the defendant did not have effective consent to this entry; and
5. the defendant had notice that the entry was forbidden.

You must all agree on elements 1, 2, 3, 4, and 5 listed above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of elements 1, 2, 3, 4, and 5 listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, each of the five elements listed above, you must find the defendant “guilty.”

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]