Criminal Trespass Texas — Penal Code §30.05

Statutory framework

Penal Code § 30.05(a) — criminal trespass when person enters or remains on property of another without effective consent AND: (1) had notice that entry was forbidden, OR (2) received notice to depart and failed to do so. Notice methods under § 30.05(b)(2): oral or written communication; fencing or other enclosure obviously designed to exclude intruders; sign at conspicuous location ("No Trespassing"); purple paint marks on trees or posts (Texas-specific — must meet specific dimensions); crops being grown. Effective consent: from owner or person authorized to provide consent.

Penalty schedule

Texas Penal Code § 30.05(d) — penalties: Standard criminal trespass — Class B misdemeanor (up to 180 days jail + $2,000 fine). Class A misdemeanor (up to 1 year + $4,000): if on agricultural land within 100 feet of building or animal/structure containing animals; if in habitation; if defendant carried deadly weapon; if on critical infrastructure facility (water, electric, gas, oil/gas pipeline). State-jail felony (180 days-2 years): trespass on critical infrastructure with intent to damage or interfere; trespass on Superfund site; specific aggravators. Class C misdemeanor (fine only) — refusing to leave sports venue or specific public venues after warning.

Notice requirements — detailed

Notice element is critical to prosecution. Acceptable notice methods: Posted signs — "No Trespassing" or similar; must be conspicuously placed. Fences or enclosures — obviously designed to exclude intruders; doesn't require complete enclosure. Texas purple paint — § 30.05(b)(2)(D) — marks on trees or posts, specific dimensions (1 inch wide and at least 8 inches long; 3-5 feet above ground; not more than 100 feet apart on land/forest; not more than 1,000 feet apart on bare land). Crops — being grown on land. Oral or written communication — from owner or authorized person. Visible posting at conspicuous locations. Without notice, prosecution typically fails.

Specific enhancements

Various trespass enhancements: Habitation trespass — Class A misdemeanor (vs. burglary which requires intent for additional crime). Deadly weapon — Class A misdemeanor when trespasser carries weapon. Agricultural land — Class A misdemeanor near animals/buildings. Critical infrastructure — Class A misdemeanor for entry; state-jail felony with intent to damage. School/college property — specific § 30.05(d)(2)(C) provisions. 30.06/30.07 signs — handgun-license restrictions; specific signs prohibiting concealed/openly carried handguns; Class C misdemeanor for licensed holder; Class A misdemeanor for unlicensed carrier. Hospital trespass — additional rules under specific statutes.

Burglary vs. trespass distinction

Critical distinction: Trespass (§ 30.05) — just entry/remaining without permission. Burglary (§ 30.02) — entry with intent to commit felony, theft, or assault inside. Burglary of habitation: second-degree felony (2-20 years); higher if defendant committed specific felonies inside. Burglary of building (non-habitation): state-jail felony. Mens rea at entry distinguishes — if intent to commit additional crime existed at moment of entry, it's burglary; if no such intent, trespass. Defense angle: even when in habitation without permission, lack of intent to commit additional crime supports trespass charge rather than burglary.

Defenses to criminal trespass

Because § 30.05 turns on notice and effective consent, most defenses attack one of those two elements:

• No effective notice. If the defendant never actually received notice that entry was forbidden, the offense fails. Missing or worn signage, the absence of a fence or enclosure, and unmarked open land all support this defense.
• Implied or actual consent. Retail stores, parking lots, and public-access areas carry implied consent to enter during ordinary hours. Where consent existed and was never revoked, there is no trespass.
• Public-access property. Land open to the public does not support a trespass charge for general entry; the analysis changes only with a specific exclusion, a posted closure, or after-hours entry.
• Mistaken belief (mistake of fact). A genuine, reasonable belief that entry was authorized — a wrong address, a lost child, an emergency — can negate the culpable mental state.
• Disputed identity. When the State cannot reliably establish who entered the property, identification becomes the central contest.
• Constitutional protection. In narrow circumstances the First Amendment may protect entry tied to speech, the press, or religious activity on certain public property.

Many first-time and non-aggravated trespass cases resolve through deferred adjudication or pretrial diversion, which can open a later path to expunction or an order of nondisclosure. Repeat offenders and aggravated trespass (habitation, weapon, or critical-infrastructure facts) face tougher negotiations. For the related notice-letter offense, see criminal trespass warning in Texas.