Texas-Book-Gun Law Armed And Educated - Flipbook - Page 215
has been expanded to refer typically to “any unauthorized intrusion
or invasion of private premises or land of another.” See Black’s
Law Dictionary, 6th ed. This commonly understood definition of
trespass is different and more expansive than the offense of criminal
trespass found in Section 30.05 of the Texas Penal Code. The Penal
Code defines a criminal trespass as when:
A person…enters or remains on or in property of another,
including residential land, agricultural land, a recreational vehicle
park, a building, ... or an aircraft or other vehicle, without effective
consent and the person:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
In other words, unlike the common definition of trespass where
a person becomes a trespasser whether they realized it or not
(unwittingly walking across the King’s hunting grounds, for
instance), under the Texas Penal Code, prior to committing a
criminal offense, a person must have knowledge they are in a place
they do not belong or are not welcome. In addition, the crime of
criminal trespass is strictly limited to when a person is found in
or on a piece of property without permission; the offense does not
cover situations involving personal property.
E. Trespass, for legal justification, is not just “criminal trespass”
How is “trespasser” defined in Texas Penal Code Section 9.41 for
purposes of defending property? Because the plain language of
Section 9.41(a) refers only to terminating “the other’s trespass” and
does not reference a “criminal trespass,” it is clear that the statute
intends to follow a broader definition of trespass than just the
offense of criminal trespass found in Texas Penal Code § 30.05. In
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