Criminal Trespass Texas — Penal Code §30.05
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
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.
Texas Penalty Group 1 Charges by Weight
Texas Health & Safety Code § 481.115 charges escalate by weight:
| Weight | Offense | Range | Fine |
|---|---|---|---|
| Under 1 g | State jail felony | 180 days-2 years state jail | $10,000 |
| 1-4 g | 3rd degree felony | 2-10 years TDCJ | $10,000 |
| 4-200 g | 2nd degree felony | 2-20 years TDCJ | $10,000 |
| 200-400 g | 1st degree felony | 5-99 years/life TDCJ | $100,000 |
| 400 g+ | Enhanced 1st degree | 10-99 years/life TDCJ | $100,000 |
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas property crimes, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Chapter 28-32 spectrum — theft (Chapter 31), burglary (§ 30.02), robbery (§ 29.02), aggravated robbery (§ 29.03), criminal mischief (§ 28.03), credit-card abuse (§ 32.31), and forgery (§ 32.21). We routinely litigate valuation contests under § 31.08, mistake-of-fact defenses, and the federal mail/wire fraud parallel-prosecution analysis.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
What's the penalty for criminal trespass in Texas?
Standard: Class B misdemeanor (up to 180 days jail + $2,000 fine) under Penal Code § 30.05. Class A misdemeanor (up to 1 year + $4,000) for habitation, weapon, agricultural land, critical infrastructure. State-jail felony for critical infrastructure with intent to damage.
What counts as notice for Texas trespass?
Notice methods under § 30.05(b)(2): posted signs; fencing/enclosures; Texas purple paint marks; crops being grown; oral or written communication. Texas purple paint specific dimensions: 1 inch wide, 8+ inches long, 3-5 feet above ground. Without notice, prosecution typically fails.
What's Texas purple paint trespass notice?
Texas Penal Code § 30.05(b)(2)(D) — purple paint marks on trees or fence posts equivalent to "No Trespassing" signs. Specific dimensions required: 1 inch wide minimum; 8 inches long minimum; 3-5 feet above ground; not more than 100 feet apart on timberland; not more than 1,000 feet apart on bare land.
What's the difference between trespass and burglary in Texas?
Burglary (§ 30.02) requires intent to commit felony, theft, or assault at time of entry. Trespass (§ 30.05) is just entering/remaining without permission. Burglary of habitation is second-degree felony (2-20 years); trespass typically Class B misdemeanor. Mens rea at entry distinguishes.
Are 30.06/30.07 signs criminal trespass?
Yes — Texas signs prohibiting concealed (§ 30.06) or openly carried (§ 30.07) handguns on premises. License Texas Penal Code provisions. Licensed handgun holder violating these signs: Class C misdemeanor first offense. Unlicensed carrier or repeat: Class A misdemeanor. Significant for licensed carrier compliance.
