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My AccountChapter 30
- 30.1 Burglary Generally; Culpable Mental States
- 30.2 Note on Definition of “Habitation”
- 30.3 Instruction—Burglary of Building by Entry with Intent to Commit Offense
- 30.4 Instruction—Burglary of Building by Entry and Commission of Offense
- 30.5 Instruction—Burglary of Habitation by Entry with Intent to Commit Offense
- 30.6 Instruction—Burglary of Building by Entry with Intent to Commit Offense or Entry and Commission of Offense
- 30.7 Burglary of a Vehicle Generally
- 30.8 Instruction—Burglary of a Vehicle
- 30.9 Statutory Framework of Criminal Trespass
- 30.10 Lesser Included Offense Analysis and Relationship between Trespass and Burglary
- 30.11 Culpable Mental State Analysis of Criminal Trespass
- 30.12 Terminology: “Of Another” and “Ownership”
- 30.13 Instruction—Criminal Trespass by Entering Building
- 30.14 Instruction—Criminal Trespass by Entering Habitation—Class A Misdemeanor
- 30.15 Instruction—Criminal Trespass by Remaining in Building
Comment
Tex. Penal Code § 30.05(a) creates essentially two ways of committing the offense of criminal trespass: (1) entry after notice that entry is forbidden and (2) remaining (and thus failing to depart) after receiving notice “to depart.”
While not immediately apparent from the face of section 30.05(a), conceptually, notice that entry was forbidden can apply only to commission of the offense by entry. Similarly, notice to depart can apply only to commission of the offense by remaining on or in covered property.
The apparent simplicity of the basic definition of the offense somewhat obscures the complexity of the crime. The Committee undertook the drafting of instructions for two common applications of the provision: criminal trespass by entering a building and by remaining in a building.