Anonymous ID: 8bfa4e July 13, 2021, 9:36 a.m. No.14114605   🗄️.is 🔗kun   >>4630 >>4645 >>4766

>>14114308

 

Texas code is very long. I'll post the code and a link to a site that breaks it down. Here the main part/an exerpt;

 

Texas Trespassing Laws: What You Need to Know

Laws and Regulations / By Tom Marlowe

https://www.survivalsullivan.com/texas-trespassing-laws/

 

Now, on to the heart of the statutes with section 30.05:

 

Section 30.05. Criminal Trespass

(a) A person commits an offense if the 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.

 

Starting out, it is clear that entering or remaining upon any kind of property of another person without effective consent, and with notice that entry is forbidden or in disregard of any notice to depart, is a violation. (a) qualifies the rest of this section, which we get to immediately.

 

(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;

 

There are five forms of notice against entry in the state of Texas. The first is a verbal or written communication by the owner or the owner’s agent to a specific person or persons the entry on to the land, onto the premises or into the building is not allowed.

 

The second is fencing or some other enclosure or barrier that is obviously designed to exclude intruders from the property or to contain animals within the bounds of the property.

 

The third is any number of signs posted on the property at entrances or along the perimeter in a manner that is reasonably likely to come to the attention of potential intruders and describes the prohibited activity.

 

We will look at the fourth and fifth form of notice, identifying markings, just below.

 

(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; or

 

(E) the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry.

 

The placing of purple painted markings on posts or trees is a broadly standard method of marking land or property against trespassing throughout the U.S., but to have the force of law in Texas it must be done according to the standards described in (D).

 

Interestingly, the fifth form of notice is simply the visible growth of crops or the cultivation thereof on the property in question. If someone is growing crops and you enter upon that land without authority and consent you are trespassing.

https://www.survivalsullivan.com/texas-trespassing-laws/

 

See also;

 

https://statutes.capitol.texas.gov/docs/PE/htm/PE.30.htm

Anonymous ID: 8bfa4e July 13, 2021, 10:13 a.m. No.14114821   🗄️.is 🔗kun   >>4831 >>5002

>>14114766

Gunowners be careful. Knowing the law can save you from catching some serious charges.

 

Texas law states that property owners are able to use force to terminate trespassing or theft if they deem it is necessary; however, force and deadly force are two different actions. Shooting the trespasser is considered deadly force since the bullet can easily end the person’s life. If the person is not an immediate threat to you or your family, deadly force is not permissible. This is easier to understand with concrete examples.

 

If the trespasser is wandering around your yard, in a non-threatening manner, using deadly force can lead to felony charges. However, if the individual becomes a threat by coming toward you with a weapon in hand or breaking into your home and using the weapon to take things, their trespassing has now escalated to attempted murder or aggravated robbery. Because your life may be on the line, Texas’ stand your ground laws allow you to shoot the individual, in an act of self-defense, without needing to retreat from the other party in any way. Stand your ground laws allow property owners to defend their property through deadly force without retreating if the other party is an imminent threat. Despite these laws, it is fairly well-known that any case involving the use of weapons or death can leave the self-defending party in hot water.

 

Was Deadly Force Necessary?

In cases involving weapon use, a jury will need to determine the need for the deadly force in that instance. In other words, was shooting the other party really necessary or warranted? Texas juries have a three-step process that they will use when looking at such cases:

 

After reviewing the Texas legislation that discusses the use of deadly force, the jury must find that you were justified in using this level of force to stop the trespasser, thief, or attempted murderer.

 

The jury must decide that you had reasonable belief to think that deadly force was immediately necessary to stop the individual from fleeing the scene with your property in hand or to protect yourself against the individual.

 

The jury must agree that when you used deadly force, you believed that you had no other means to protect your property from being taken or protect yourself and that using less force would have led to risks of your own death or serious injuries.

 

https://www.criminallawfirmtexas.com/atascosa-frio-wilson-county-defense/can-i-be-charged-for-shooting-someone-who-is-on-my-property-illegally

Anonymous ID: 8bfa4e July 13, 2021, 10:21 a.m. No.14114864   🗄️.is 🔗kun   >>4919

>>14114831

All I'm saying is know your rights and responsibilities. You don't want to catch serious charges because of mischief;

 

Texas firearm owners shouldn’t automatically assume the Castle Doctrine will protect them in court. Keep in mind that the American common law system is adversarial, which means anyone who is accused or charged of an offense can expect vigorous prosecution or civil litigation.

https://onlinetexasltc.com/when-is-it-legal-to-use-guns-against-trespassers-in-texas/

 

Section 9.41 of the Texas Penal Code clarifies a person is allowed to use force, but not deadly force, to stop a trespass or property interference. Trespassing is defined as knowingly illegally entering a property or remaining on said property after being told to vacate it by someone connected to the property. Theft and “interference with property” is when someone takes another’s property with the goal of denying him or her ownership and without his or her consent. Using these terms and connecting them to the initial scenario above, anyone who fires on a trespasser is likely to face a serious felony charge.

 

The scenario changes if the trespasser notices the property owner and engages with him or her while armed. This changes the situation from trespass to attempted murder or aggravated robbery. This matters when separating force from deadly force. Firing upon the perpetrator in this scenario would likely be deemed a justifiable action. The point when force or deadly force is valid depends on reasonableness and immediacy of action.

 

If you want to know when deadly force is permitted while protecting property, the action must be deemed justifiable and considered necessary to stop any number of property crimes. Crimes that may justify the use of deadly force include arson, burglary, regular and aggravated robbery, nocturnal theft, and nocturnal criminal mischief. Hearing breaking glass and finding a busted-open door is more than sufficient to merit deadly force, as the intruder has transcended mere trespass.

https://ltcaustin.com/when-are-texans-allowed-to-use-guns-against-trespassers/