Trespassing in Texas

[Ima Swinger]

Here's what I found in the Texas Penal Code...

§ 30.05. CRIMINAL TRESPASS. (a) A person commits an
offense if he enters or remains on or in property, including an
aircraft or other vehicle, of another without effective consent or
he enters or remains in a building of another without effective
consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) "Entry" means the intrusion of the entire body.
(2) "Notice" means:
(A) oral or written communication by the owner or
someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously
designed to exclude intruders or to contain livestock;
(C) a sign or signs posted on the property or at
the entrance to the building, reasonably likely to come to the
attention of intruders, indicating that entry is forbidden;
(D) the placement of identifying purple paint
marks on trees or posts on the property, provided that the marks
are:
(i) vertical lines of not less than eight
inches in length and not less than one inch in width;
(ii) placed so that the bottom of the mark
is not less than three feet from the ground or more than five feet
from the ground; and
(iii) placed at locations that are readily
visible to any person approaching the property and no more than:
(a) 100 feet apart on forest land; or
(b) 1,000 feet apart on land other
than forest land;



Now as far as I can tell, it's ok for me to enter property that is not marked or fenced.
Does anyone read this differently?

I should say that I left out the part of this code that speaks of agricultural areas and chemical plants and such.
Can't hunt those, marked or unmarked!

thanks, Ima

 

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[Marc]

Shouldn't this be in Comedy Central?

 

[warsawdaddy]

We mark our trees with purple paint also during hunting season.All hunters know when they see the paint,that there is no hunting allowed.I live in MO.

 

[Dimeman]

Here's what I found in the Texas Penal Code...

§ 30.05. CRIMINAL TRESPASS. (a) A person commits an
offense if he enters or remains on or in property, including an
aircraft or other vehicle, of another without effective consent



What I read here is you're in violation if you even enter any property,without consent. If I walk across my neighbors yard to go down the street, and he isn't home, can I be arrested


I think I'll write to my government officials and see about getting a change in this Penal Code .

 

[Ima Swinger]

without effective consent or
he enters or remains in a building of another without effective
consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.


Dimeman, not to ask a question and then disagree (I hate it when people do that to me). I just want to draw your attention to the last part of the sentence leading up to item 1).
It seems that the criminal trespass would be in effect if you had no consent AND item 1 or 2 applied.
I think I'm going to call someone and get this cleared up for sure. I just have to figure out who the someone is.

Ima

 

[Dimeman]

without effective consent or
he enters or remains in a building of another without effective
consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.


Dimeman, not to ask a question and then disagree (I hate it when people do that to me). I just want to draw your attention to the last part of the sentence leading up to item 1).
It seems that the criminal trespass would be in effect if you had no consent AND item 1 or 2 applied.
I think I'm going to call someone and get this cleared up for sure. I just have to figure out who the someone is.

Ima

The first part I was commenting on is about property, the part you are now asking about is about buildings. Reading the code as 2 separate items, where it says:
" or he enters or remains in a building of another without effective consent........." of which this does have items 1 and 2 pertaining to it.
the key word here is OR, which makes this into 2 sections of the code.

 

[Ima Swinger]

Hey Dimeman, thanks for your help. I'm going to get this checked out, and I appreciate your comments.
This is a great place to sort this stuff out. I'll reply to this again when I'm 100% sure either way, so keep an eye on your posts so you won't miss it.

Hey, I just noticed that you are from the Houston area. I'm on the NNE side around the Kingwood area.
We're neighbors!!! 8)

Happy dirt fishin' to ya !!!

Ima

 

[texan connection]

I would agree if it isent posted go on in, but if your told to leave you have been warned, also in our case if you have a bag of goodies you likely can have them confinscated and filed on for theft, another question, is a open house O.K. to just walk into? I reckon if you go treasure hunting in someones house weather left open or not you are stealing, I also would argue that to be true of M.D. on someones land without permmision

 

[Dimeman]

I would agree if it isent posted go on in, but if your told to leave you have been warned, also in our case if you have a bag of goodies you likely can have them confinscated and filed on for theft, another question, is a open house O.K. to just walk into? I reckon if you go treasure hunting in someones house weather left open or not you are stealing, I also would argue that to be true of M.D. on someones land without permmision

The way I read the code, there is 2 sections, one for property( land) and one for building( or any structure).
The first part reads to me ...if I just cross my neighbors unfenced, unposted land or even sit on his grass he COULD legally say I was tresspassing, since I didn't have his permission to do so.
In the 2nd pert of the code:

If you enter a building on someones property that was not fenced, and there was no type of signage and you did NOT have permission...you still entered the property without permission, and legally ARE tresspassing without permission.


But how many of us have been to an old place with or without a house out in the country, or in the city, that has been abandoned ,and nobody lives there, and we have detected it??

 

[Ima Swinger]

Hey justgeese,

I have also heard this from a game warden, but only in the interest of hunting.
But it absolutely makes sense that it would also apply to detecting or anything else for that matter concerning being on someone else's property. There is an old ghost town that I would like to check out and it "appeared" NOT to have any posted signs when I drove by it and then posted my original post. After reading the penal code and driving by there today I see that there are purple stripes on some of the trees and fence posts. Thus indicating "No Trespassing". I will not hunt this area without permission, which I will begin seeking this week.
I will seek more info. on this code from local law enforcement. Not just for myself, but for all of us.
I thought this would be a good topic, and for me it has been.
I'll keep y'all "posted". I'm so clever.

Ima

 

[RW]

Walking across the land is one thing... Digging holes and taking stuff home is another...

 

[Dimeman]

Walking across the land is one thing... Digging holes and taking stuff home is another...

I agree, but if someone wants to get technical, then just walking across somebodys lawn COULD be considered illegal tresspassing.
Most people would not make an issue of it, but there are some people that would make it an issue.
You know, the neighborhood grouch......... :P
everyone has a guy like that in their area.

 

[teverly]

have to go with Dimeman on this on.
I live in Ohio and have lived in basically a rural area all my life.
Even if the property is not posted,if you do not have the owners or their representatives permission(usually a farmer if it is a field) you can be charged with trespassing.
Again,i have to fall back to common sense and say to you if it were your land and not posted, would you still want someone just walking on to it and doing whatever they wanted?
Also if it matters to you or not,when you are detecting and you trespass it looks baad for all of us..and i have been denied permission for just such reason.....

 

[Ima Swinger]

Totally agree...no permission, no go !!!!
As I stated in my last post on this topic, I wouldn't hunt without permission.
Not to worry Teverly, I'm on the good guy's side.
If common sense were an issue, would I have posted this topic for discussion?
Nope.

Happy dirt fishin' to ya !!!


Ima

 

[AnOldPro]

Greetings all from an "Ex-Texican" now living up here in "Yankee land".

I spent 20 years hunting all over Texas in the 70's and 80's and even back then we understood that ALL private land in Texas (and most other states as well) is technically "posted', with or without signs or paint marks. You can be charged with trespass by any kind of cop who chooses to do so... usually at the request of a landowner if you do not have written permission to be on the land and are caught.

Most Texas landowners, however, do not seem to want the hassle of prosecuting you and if you play humble and apologize if caught will let you off with a butt-chewing. I found on the "rare" occasions that I had confrontations with a land-owner that a humble and sincere sounding apology with a promise to leave and never return would actually then get me permission to hunt the property.

Bottomline: Its best to assume that you are indeed a "trespasser" if you are on ANY private land without permission in Texas. State parks have been off limits to detecting for many years and all Federal land is taboo, for sure!

Remember the advice of AnOldPro... IF you trespass and get caught... GET HUMBLE. The landowner is likely to be mad but DON'T YOU LOSE YOUR TEMPER WITH HIM OR HER! Take the butt-chewing thats likely to accompany your apprehension without responding in kind and... one other tip... carry a $50.00 bill with you and offer it to the landowner for his trouble if he seems inclined to get the authorities involved. Being out just 50 bucks is WAY BETTER than having to go before a judge or spend the night in jail.

I have hunted thousands of sites in 42 states and 6 countries over the past 35 years and have never been arrested or shot at by a landowner. I've only been run-off property less than 10 times in all that experience.

Oh... and one last VERY IMPORTANT comment: DO NOT TRESPASS ON ANY PROPERTY NEAR THE MEXICAN BORDER IN TEXAS. Ranchers along the border have been known to shoot first and ask questions later due to all the problems they have with destruction of property by illegal aliens crossing their land.

Happy trails to all you Texicans !

DC

 

[Ima Swinger]

Hey AnOldPro, worry not my Texas friend, I never have and never will trespass. This topic was to simply get opinions and interpretations on the law.
We true Texans know the laws of the land, whether written or unwritten.

As for those "yankees", if they get in your way just give them the ol' Texas stare and nod your head and they'll part like the Red Sea.



And a big TEXAS HOWDY to ya,

Ima

 

[57NAPCO]

Damn, and I just thought i spotted the Bill Kelley mine
J/K of course...But It would be nice and convenient to take this technology back a couple hundred years, Imagine Google Earth and a good detector then, and of course the computer too...

 

[Ima Swinger]

Hee Hee......love it.

Ima

HH

 

[deputy_dawg_508]

Here are some answers:

Being on someone else's property without permission is trespassing usually a misdemeanor (jail time or fine). Cross a fence or other impediment or pass a sign or purple paint and the law will consider you warned and you could be arrested then and there, otherwise you will likely receive a written warning at that time if law enforcement is involved. If the landowner gives you a verbal warning you would be wise not to return because a written statement from the land owner will either get you jailed or a warrant issued for you arrest, if he can identify you.

Depriving them of their property (stuff) even if they don't know its there is theft (penalty varies according to value). Tearing up their property is criminal mischief. Cut a fence where livestock is enclosed and you got a felony on your hands.

As for abandoned houses, trespassing in a habitation, even if abandoned, is a felony (prison time) removing property (stuff) from a habitation is burglary (a big felony).

Having three or more persons involved in a criminal act is organized crime and is a separate charge and a felony also.

Now ordinarily without a complaint from the landowner, or his agent there is no prosecution.

In short you would be wise to respect the property of others.

Free advice from a Sheriff's Deputy in Texas.

PS. Items used in the commission of a felony are subject to seizure and forfeiture. Other items used in the commission of a crime are subject to being held as evidence until the outcome of the offense is determined.

 

[Ima Swinger]

Justgeese,

I believe that if you are on property that you don't own, you are considered 'trespassing'.
I'm pretty sure that's 'end of story'.

As I have stated more then once in this thread, I would never consider trespassing. But not everyone reads the whole thread, they just skip to the end and put in their 2 cents. I only brought the subject up for clarification for everyone.

It's probably best to check with the local law enforcement in your area.

I've lived in the Houston area all my life, and I have just seen the purple paint marks for the first time. But paint or no paint, if you don't have permission you are trespassing.

At least that's how I understand it.

Ima