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 remains in a building of another without effective consent and the person received notice to depart but failed to do so.

Definitions

Building

“Building” means any enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.

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 Remain in a Place

A person intentionally remains in a place when the person has the conscious objective or desire to remain in the place.

Knowingly Remain in a Place

A person knowingly remains in a place when the person is aware that the person is remaining in 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 remained in a place, specifically [insert specific address]; and
2. the place was a building; and
3. the building was that of another, [name]; and
4. the defendant did not have effective consent to this remaining; and
5. the defendant had notice to depart but failed to do so.

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.]