What Are Trespassing Laws in Texas?
Criminal trespass in Texas is a little more complicated than just being on someone else’s property. Learn more about it here.
Written by Melanie Krieps Mergen
Reviewed by Melanie Reiff
If found guilty of criminal trespass in Texas, a person could face up to a year in prison and thousands of dollars in fines, depending on the circumstances.
In the state of Texas, the legal definition of criminal trespassing is a little more complicated than simply being on someone else’s property. A certain set of criteria have to be met based on the type of property and other related circumstances.
To get a better understanding of what those are,
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What does Texas law say about trespassing?
The main components of criminal trespass in Texas law are outlined under
Texas Penal code section 30.05
. Here, you’ll find the definition of criminal trespass, as well as the potential consequences of the offense. Under Texas law, criminal trespass occurs when a person “enters or remains on or in property… of another without effective consent.”
Property here can refer to:
- Residential land
- Agricultural land
- Recreational vehicle parks
- Aircraft, boats, and other vehicles
The two main actions that could make a situation a criminal trespass are:
- Entering someone else’s property despite having notice that entry was not allowed
- Refusing to leave someone else’s property after being given notice to leave
Additionally, for an event to be considered a criminal trespass, the person must have committed an intrusion with their entire body. So if someone was standing with one foot in your yard and one foot outside your yard’s property line, or they only reached their arm inside your truck, it might be hard to fit the definition of criminal trespass.
What kind of notice does criminal trespass require?
Proper notice is a crucial aspect of what constitutes criminal trespass in Texas.
To be considered valid under Texas law, notice to stay off or leave someone’s property can be oral or written. It can come from either the property owner themselves or someone acting on their behalf. The following would also constitute suitable notice:
- “No trespassing” signage that would be reasonably visible to someone trying to access the property
- The installment of fencing or another enclosure, obviously intended either to keep intruders out or to contain livestock
- Visible presence of crops—so no, you can’t just linger in a farmer’s field
- Definitive purple paint markson trees, posts, or property—you can check the Texas Penal Code for more details on those specifications, like how far they should be spaced out on forest land, for example.
Penalties for criminal trespass in Texas
What are the consequences of a criminal trespass conviction in Texas? Depending on the circumstances, penalties for criminal trespass can involve jail time, as well as hefty fines.
Is trespassing a felony in Texas?
Trespassing is generally a misdemeanor in Texas, not a felony. What type of misdemeanor a criminal trespassing incident will receive depends on the type of property where the trespassing took place, as well as any additional circumstances surrounding the event.
Trespasses on agricultural land are typically Class C misdemeanors. Other criminal trespasses are typically Class B misdemeanors, but the following circumstances could escalate charges to a Class A misdemeanor:
- The trespass occurs in a habitation
- The trespass occurs in a shelter center, critical infrastructure facility,or on a Superfund site(refer to state law for clarification on these definitions)
- The trespasser had a deadly weapon, such as a handgun,on their person during the commission of the offense
Depending on the misdemeanor, here are the potential consequences you could face if charged with criminal trespass in Texas:
- Class C misdemeanor: up to a $500 fine
- Class B Misdemeanor: up to 180 days in jail; up to a $2,000 fine
- Class A misdemeanor: up to a year in jail; up to a $4,000 fine
If any other crimes or attempted crimes took place, like theft or assault, additional charges could come with additional penalties for the trespasser.
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What to do if you’re charged with trespassing in Texas?
On paper, avoiding a trespassing charge might seem easy enough: just don’t trespass. However, there are certainly gray areas where unintentional trespassing can occur.
What if you were recreating in a freshwater area, then found yourself on a property you didn’t realize wasn’t public, or that you didn’t have permission to enter? Or, what if you’re a firefighter called to respond to an emergency, only to later be told you weren’t allowed on the property? And what happens if you end up facing trespassing charges as a result?
Whatever the circumstances, if you’re charged with trespassing in Texas, it’s best to seek out professional legal counsel for advice on what your options are and how you should proceed. The law offices of criminal defense attorneys or criminal defense lawyers, for example, often offer free consultations initially.
If you’re trying to defend yourself against trespassing charges, you’ll need to analyze the key requirements outlined by the law and compare them to your case. Your best bet to evading those trespassing charges is finding gaps between the legal definition of trespassing and what actually took place.
The following could be helpful questions to ask yourself:
- Is the property in question obviously private? Is it near public property in a way that makes it appear like it, too, may be a public area?
- Were any “no trespassing” signs posted? How about the proper paint marks? Were they reasonably visible?
- Were there other proper notices considered acceptable under state law?
- Has the owner of the property allowed you there before? If they withdrew permission for you to be there, was it clear or vague? Is there record of that notice?
How to protect your home from trespassers
Of course, the other end of a trespassing situation is no more pleasant. So how do you keep your home safe from trespassers?
Here are some actions you can take to reduce the odds of a trespasser entering your home:
- Make sure you have proper notice posted: For a criminal trespass case to hold up in court, make sure your notice would be supported under state law. If you post “no trespassing” signs, make sure they’d be clearly visible to someone trying to enter your home.
- Be clear with someone if you don’t want them in your house: If there are certain people you know who you don’t want to enter your home—especially if they’ve been allowed there in the past—be sure to tell them this clearly if you feel safe doing so. If your request for them to stay off your property could be interpreted in different ways, it could be more difficult for criminal trespass charges to hold up in court.
- Install a home security system: The right type of home security system can help protect your home against intruders, andsecurity camerascan help provide evidence if necessary. As an additional bonus, it’s also possible you could get a home insurance discount for the added protection, depending on your provider.
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FAQs
Are no trespassing signs legally binding in Texas?
Under Texas Penal Code Section 30.05, “no trespassing” signage would be considered proper notice that a person wouldn’t be welcome on a private property—provided it was placed somewhere that was reasonably easy to notice.
Of course, other circumstances surrounding a particular trespassing incident might also affect whether a “no trespassing” sign was legally binding.
Can I physically remove someone from my property in Texas?
Removing someone from your property by force may be justifiable under Texas law, but only under certain circumstances. There has to be a present threat to cause death or serious bodily injury, and a solely verbal altercation wouldn’t meet that definition.
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