Trespassing Laws In Texas: What You Need to Know

Trespassing laws in Texas define what’s legal and what’s not when entering someone else’s property. By mistake or on purpose, entering someone else’s property without permission can get you in trouble – from fines to jail time. Knowing the trespassing laws in Texas is important if you want to avoid legal hassle and respect property rights.

This post will cover the difference between civil and criminal trespassing, the types of trespassing in Texas law, and the penalties and defenses. We’ll also go over how these laws are enforced and what to do if you get charged with trespassing.

If you are charged with trespassing, an experienced attorney can make a big difference in your case. The Law Office of Rolando Cantu can help you through these complex issues.

• What is Trespassing in Texas?
• Civil Trespass vs Criminal Trespass
• Civil Trespassing
• Criminal Trespassing
• Types of Criminal Trespassing in Texas
• Trespassing a Habitation
• Trespassing Agricultural Land
• Trespassing a Critical Infrastructure Facility
• Criminal Trespassing Penalties in Texas
• Class C Misdemeanor
• Class B Misdemeanor
• Class A Misdemeanor
• Defenses to Criminal Trespassing Charges in Texas
• Mistake of Fact
• Consent
• Exercising Constitutional Rights
• Other Risks of Trespassing in Texas
• Facing Criminal Trespassing Charges? Contact a McAllen Criminal Defense Attorney

What is Trespassing in Texas?

Trespassing is when someone enters or remains on someone else’s property without permission. In Texas, the law separates civil trespassing where the entry is unintentional or without malice, and criminal trespassing where you knowingly enter property after being told to stay off.

In civil cases, trespassing is usually resolved with monetary damages but in criminal cases, the penalties can get much worse. Criminal trespassing can result in fines, jail time, and even felony charges if certain aggravating factors are involved such as carrying a weapon or trespassing on specific types of property.

According to Texas Penal Code 30.0, criminal trespassing laws apply to all property types, including land, buildings, and vehicles. This is important to note because even if you do not physically enter a building, but remain on the grounds without permission, you can still be charged with criminal trespassing.

Civil Trespass vs Criminal Trespass

Understanding the difference between civil and criminal trespassing is important if you find yourself on the wrong side of Texas property laws. Both are about being on someone else’s land without permission but they differ in intent, severity, and consequences.

Civil Trespassing

Civil trespassing occurs when someone enters another person’s property without permission and without causing harm or intending to commit a crime. Examples:



• Hiking onto private land
  
• Taking a shortcut through someone’s yard
  
• Parking on private property without permission
  

Civil trespassing is a less serious offense than criminal trespassing and the consequences usually involve being asked to leave the premises or at worst a lawsuit for any damages caused during the trespass. No jail time is involved but you may still face fines or property damage claims.

Criminal Trespassing

Criminal trespassing is a more serious offense in Texas and occurs when someone knowingly enters private property after being told to stay off. This can happen in several ways:



• Being told verbally or in writing to stay off the property
  
• Ignoring signs or fences that indicate restricted access
  
• Entering a property marked by purple paint (a common rural Texas practice to indicate private property)

Unlike civil trespassing, criminal trespass charges are more severe, including its fines, and jail time. Aggravating factors such as trespassing with a weapon can bump the charges up to more serious misdemeanors or even felonies.

Types of Criminal Trespassing in Texas

Under Texas law, trespassing can occur in several forms depending on the type of property and circumstances. These specific situations determine the severity of the offense and the penalties.

Trespassing a Habitation

A habitation is a structure or vehicle adapted for overnight use. Trespassing a habitation is the most serious form of trespassing and can be a felony if the trespasser intends to commit a crime such as burglary, harassment, or intimidation. Entering someone’s home without permission is more serious especially if the occupants are present or at risk.

Trespassing Agricultural Land

Agricultural land is vast and often not marked but it’s still subject to trespassing laws. Entering agricultural land without permission can result in criminal charges especially if you damage crops or livestock. The penalties for this type of trespassing vary if other illegal activities are involved.

Trespassing a Critical Infrastructure Facility

Texas law also covers the protection of critical infrastructure facilities:

• Chemical plants
  
• Oil refineries
  
• Power plants
  
• Water treatment facilities
  

Trespassing on these properties is a serious threat to public safety and infrastructure and is a Class A misdemeanor. This can result in fines and jail time if the trespasser’s actions are deemed threatening or harmful to the facility.

Criminal Trespassing Penalties in Texas

Trespassing penalties in Texas vary depending on the circumstances and the severity of the trespass. The law categorizes trespassing offenses into three misdemeanors:

Class C Misdemeanor

A Class C misdemeanor is the least severe and applies to minor trespassing offenses such as entering agricultural land or protected freshwater areas without permission. If found guilty the maximum penalty is a fine up to $500 with no jail time.

Class B Misdemeanor

Most trespassing cases fall under the Class B misdemeanor. If you’re charged with criminal trespassing without aggravating factors you may face fines up to $2,000 and up to 180 days in jail. This is the standard charge for when someone enters private property despite signs, warnings or verbal notice to leave.

Class A Misdemeanor

A Class A misdemeanor applies when aggravating factors are present such as:

• Trespassing while carrying a deadly weapon
  
• Trespassing on critical infrastructure
  
• Repeatedly trespassing after previous offenses
  

A Class A misdemeanor can result in fines of up to $4,000 and up to one year in jail. The more serious nature of these offenses reflects the greater risk to public safety or property.

Defenses to Criminal Trespassing Charges in Texas

Facing a trespassing charge is scary but several defenses can reduce or dismiss the charges depending on the circumstances.

Mistake of Fact

One of the most common defenses is to show the trespasser did not intend to enter the property illegally. If you didn’t know you were on private property and there were no signs or warnings you may be able to argue the trespass was an accident.

Consent

Another defense is if the property owner permitted you to be on the property. If you can show the owner gave you consent either verbal or written this could result in the charges being dismissed.

Exercising Constitutional Rights

In some cases, individuals trespass on property to exercise their constitutional rights such as freedom of speech or the right to protest. Peaceful protestors may be able to use this defense to reduce or downgrade the charges especially if the trespassing occurred on public or semi-public property like college campuses.

Other Risks of Trespassing in Texas

Beyond the legal penalties trespassing in Texas comes with serious risks especially when dealing with armed property owners. Texas law allows property owners to use force and in some cases deadly force to protect their land and property from trespassers. This is especially true if the trespasser is committing or suspected of committing other crimes like burglary or arson.

The law allows landowners to defend their property so a trespassing incident can quickly turn into a dangerous situation. Trespassers should always be aware of the risks and consequences of entering someone else’s property illegally.

Facing Criminal Trespassing Charges? Contact a McAllen Criminal Defense Attorney

Trespassing laws in Texas are severe and come with serious consequences from fines to jail time. Whether you accidentally wandered onto someone’s land or knowingly trespassed on private property the penalties can vary greatly based on intent, property type, and other aggravating factors. By knowing these laws you can protect yourself from legal trouble and avoid the risks.

If you’re charged with criminal trespassing in Texas you need to seek legal advice right away.

At The Law Office of Rolando Cantu, we defend individuals charged with trespassing and other related offenses. Our team will work hard to protect your rights, reduce the penalties, and get the best possible outcome for your case.The trespassing laws are complicated and an experienced attorney can help you navigate the system, assess your situation, and develop a defense strategy for your case.