A criminal manager/owner or any employee that the manager/owner has given 481 (H.B. /Parent 2 0 R However, the law commonly does not distinguish between situations in which someone has knowingly and unknowingly trespassed, meaning that both will be tried as criminal trespassing even if the defendant has not seen or heard the notice. 338 (H.B. 30.01. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the increase in punishment provided by Subsection (d)(3)(B) does not apply. For example, reaching into someones car with your arm is not sufficient for a charge of criminal trespass. (3) "Vehicle" includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation, except such devices as are classified as "habitation.". (f-1) It is a defense to prosecution under this section that the license holder is a first responder, as defined by Section 46.01, who: (1) holds an unexpired certificate of completion under Section 411.184, Government Code, at the time of engaging in the applicable conduct; (2) was engaged in the actual discharge of the first responder's duties while carrying the handgun; and. (d) An offense under this section is a felony of the first degree if: (2) any party to the offense entered the habitation with intent to commit a felony other than felony theft or committed or attempted to commit a felony other than felony theft. WebHarris County Precinct 4 Constable's Office 6831 Cypresswood Dr. Spring, TX 77379 832-927-6200 1, 2, eff. In addition, why would you want to go 39 (H.B. Sept. 1, 1994; Acts 1999, 76th Leg., ch. /Type /Pages 765, Sec. 701), Sec. 250 (H.B. (4) is displayed in a conspicuous manner clearly visible to the public. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. CRIMINAL TRESPASS. 809 (H.B. Effective September 1, 2017,[2] convictions for trespassing on the property of colleges and universities can be enhanced if the state proves that you have a prior conviction (or sentence of deferred adjudication) for criminal trespass on the grounds of a college or university.[3].