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Blog 2019 October Dared to Go to the Neighborhood Spooky House? Could Be Trespassing
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Dared to Go to the Neighborhood Spooky House? Could Be Trespassing

Posted By Jerry Loftin & Associates || 16-Oct-2019

It’s Halloween time, when spooky tales about that scary house in your neighborhood come alive. Stories might include claims of ghosts or haunted figures floating around the grounds or inside the property. After the tale is told, someone in your group might dare you to go into the house and prove that you’re not afraid of whatever may or may not be lurking on the inside. However, by showing your bravery and walking onto the property, you might face a different kind of terror: a criminal charge for trespassing.

What Is Criminal Trespassing?

In Texas, it is illegal for a person to enter onto or into private property without having obtained consent from the owner.

Under Texas Penal Code § 30.05, types of property include, but are not limited to:

  • Residential land
  • Agricultural land
  • RV parks
  • Buildings
  • Aircrafts

In addition to needing permission to enter onto someone else’s property, to be charged, you must have received notice that you were not allowed to be in the area or the owner told you to leave, but you didn’t.

According to the law, “notice” can be a written, spoken, or structural warning, such as:

  • Communication from the owner, or someone who has the authority to speak on their behalf
  • A fence or other enclosure blocking access from the property
  • A sign posted on the property or at its entrance
  • Purple paint marks on trees or other posts
  • Crops grown for human consumption

Penalties for Criminal Trespassing

If you muster up the courage to visit that spooky house from the story, and you see signage prohibiting entry, it’s best to turn around and not enter the property. Unfortunately, if you ignore the warnings you could be charged and convicted of criminal trespassing.

Generally, criminal trespassing is a Class B misdemeanor, which carries a penalty of up to 180 days in jail and a $2,000 fine. However, depending on the type of property you entered, the punishments for this offense vary. For example, entering onto agricultural land or residential property within 100 feet of a protected freshwater area without consent is a Class C misdemeanor, which carries a fine of up to $500.

If you trespassed on a shelter center, such as a family violence center, or a critical infrastructure, which includes a chemical facility, refinery, electrical power facility, among others, you could be charged with a Class A misdemeanor and face up to 1 year in prison and up to $4,000 in fines.

Schedule a Free Consultation with Jerry Loftin & Associates

Unfortunately, signs forbidding entry onto a property aren’t always easy to see, and you could be arrested for trespassing when you didn’t realize you weren’t allowed in the area. Our attorneys have handled numerous criminal cases, including those involving juvenile crimes, and we know how to build defenses to fight charges.

If you need seasoned legal guidance in Fort Worth, call us at (817) 591-7850 or contact us online.

Categories: Criminal Defense

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