Under Texas law, breaking into someone’s home to steal is not simple theft — it is burglary of a habitation, one of the most seriously punished property crimes in the Penal Code, and driving off in a car that isn’t yours can add a separate felony on top. That is the Texas lens on the burglary at reality star Kim Kardashian’s Los Angeles-area mansion, where a suspect was arrested after allegedly entering the home and taking a vehicle for a joyride.

What Happened at Kim Kardashian’s Home?

A 27-year-old man was arrested on August 9, 2026, after allegedly breaking into Kim Kardashian’s roughly $60 million estate in the gated Hidden Hills community near Calabasas, California, according to the Los Angeles County Sheriff’s Department. Deputies responded around 3:45 p.m. after a security guard reported a man loading items into a vehicle, then followed a car being driven around the neighborhood back to the property. The Skims founder and her children were not home — they have been staying in a nearby rental while the mansion is renovated. The suspect was booked on suspicion of burglary and taking a vehicle without the owner’s consent (the car reportedly belonged to a staffer), and was held without bail. Because this is a California case, nothing here predicts its outcome — but it is a useful window into how the same conduct would be charged and handled in a Frisco or Dallas-Fort Worth courtroom.

What Is Burglary of a Habitation Under Texas Law?

In Texas, this conduct would most likely be charged as burglary of a habitation under Penal Code Section 30.02. A person commits that offense if, without the owner’s consent, they enter a habitation with intent to commit theft, assault, or any felony — or if, once inside, they commit or attempt one. Critically, Texas does not require that a burglar fully break in or steal anything: entry with the required intent is enough, and “entry” can mean intruding any part of the body or an object. A “habitation” is a structure or vehicle adapted for overnight accommodation, which is why breaking into a home is punished far more harshly than shoplifting or trespassing.

What Penalty Does Burglary of a Habitation Carry in Texas?

Burglary of a habitation is a second-degree felony in Texas, punishable by 2 to 20 years in prison and a fine of up to $10,000. If the intruder enters with intent to commit, or actually commits, a felony other than theft — such as an assault inside the home — it rises to a first-degree felony carrying 5 to 99 years or life. By contrast, burglary of a building that is not a habitation is a state-jail felony. The fact that no one was home and no one was hurt does not reduce the charge to a misdemeanor: under Texas law the crime is complete at the unlawful entry with intent, which is why an empty-house break-in is still a serious felony.

What About Taking the Car for a Joyride?

Driving off in someone else’s vehicle without permission is a distinct Texas offense: unauthorized use of a vehicle under Penal Code Section 31.07. A person commits it by intentionally or knowingly operating another’s boat, aircraft, or motor-propelled vehicle without the owner’s effective consent. Unlike theft, the State does not have to prove the driver intended to permanently keep the vehicle — a “joyride” is enough. Unauthorized use of a vehicle is a state-jail felony in Texas, punishable by 180 days to 2 years in a state jail and a fine of up to $10,000, and it can be charged alongside the burglary as a separate count.

What Are the Defenses to a Texas Burglary Charge?

Every case turns on its facts, but common defense issues in Texas burglary cases include whether the State can prove the defendant actually entered the habitation, whether the required intent existed at the moment of entry, mistaken identity, and consent — a person who was allowed to be on the property has a very different case than an intruder. Because burglary hinges on intent, the difference between criminal trespass under Section 30.05 (a misdemeanor) and burglary under Section 30.02 (a felony) often comes down to what the evidence shows about the person’s purpose. Challenging how evidence was gathered, the reliability of surveillance footage, and the strength of the intent proof are all part of a careful defense.

How L&L Law Group Can Help

A home break-in charge in Texas is a felony with life-altering consequences, and how the intent and entry elements are proven can decide whether a case is a misdemeanor trespass or a second-degree felony. At L & L Law Group, PLLC, we defend Frisco and Dallas-Fort Worth clients against burglary, theft, and unauthorized-use-of-a-vehicle charges — scrutinizing the evidence of entry and intent, examining how surveillance and forensic proof was obtained, and pushing for the leading available outcome. If you or a loved one is facing a property-crime charge in Texas, contact us for a confidential consultation.

Frequently Asked Questions

Is it still burglary in Texas if nothing was stolen? Yes. Under Penal Code Section 30.02, the offense is complete when a person enters a habitation without consent and with intent to commit theft or a felony — actually taking property is not required.

How is burglary of a habitation punished in Texas? It is generally a second-degree felony, punishable by 2 to 20 years in prison and up to a $10,000 fine, and can rise to a first-degree felony if a felony other than theft is intended or committed inside.

Is taking a car for a joyride a felony in Texas? Unauthorized use of a vehicle under Section 31.07 is a state-jail felony, even if the driver did not intend to keep the vehicle permanently.

Source: Reporting by USA TODAY and the Los Angeles Times (August 2026). This article is legal commentary by L & L Law Group, PLLC on a national news story and is not a republication of the original reporting.

By Reggie London and Njeri London. This article is attorney advertising and general information, not legal advice, and does not create an attorney-client relationship. Every case is different; outcomes depend on specific facts. If you face criminal charges in Texas, consult a licensed Texas criminal-defense attorney.