Burglary: Texas Penal Code §30.02

The Texas Burglary law encompasses most scenarios where an intruder gains access to a building and either intends to commit a felony, theft or arson. The law also includes situations where the intruder did not necessarily initially intend to commit a felony, but ultimately eventually tries to commit a felony.

There are three ways to commit the Texas crime of Burglary. The first way to commit Burglary under Texas law is to enter a building with the intent to commit a felony, theft, or assault.

The second way is to remain concealed in a building with the intent to commit a felony, theft, or assault. The third way is to enter a building and attempt, successfully or unsuccessfully, to commit a felony, theft, or assault.

The third way is to enter a building and attempt to commit a felony, theft, or assault. The third way is to enter a building and attempt, successfully or unsuccessfully, to commit a felony, theft, or assault.

The Texas legislature codified this criminal offense in Texas Penal Code Section 30.02. The law was updated in 2023 when the legislature added a penalty classification for Burglary offenses committed in the course of committing Human Smuggling under Section 20.05(a)(2).

In 2017, the legislature added a third degree felony enhancement for burglaries of pharmacies where the object of the burglary was the acquisition of controlled substances.

The Penal Code classifies the Texas Burglary law under Title 7 “Offense Against Property,” Chapter 30 “Burglary And Criminal Trespass.” Learn more about the Texas offense of Burglary below.

What is the current Texas law about Burglary?

Texas law currently defines the offense of Burglary in Penal Code Section §30.02 as follows:^[1]

(a) A person commits an offense if, without the effective consent of the owner, the person:

(1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or

(2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or

(3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.

How can I be charged with a Burglary offense in Texas?

You can be charged with Burglary in Texas if the state’s attorneys believe that each of the elements of 30.02(a) as described in the section above have been met.

What is the statute of limitation for Burglary in Texas?

The Burglary offense has no limitations period when charged under subsection (d) and both the purpose of the burglary was to commit sexual assault and DNA was recovered but not yet tested.^[2] Otherwise, Burglary has a five-year limitations period.^[3]

What is the penalty for a Texas Burglary offense?

If the building is not a habitation, then a conviction for Burglary in Texas is punished as a State Jail Felony,^[4] with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to two years.

In 2017, the legislature added a third degree felony enhancement for situations where a person tries to steal controlled substances from a pharmacy or clinic or the like.^[5] No changes were made in the 2019, 2021, or 2023 legislatures.

If the building is a habitation, then a conviction for Burglary in Texas is punished as a Felony of the Second Degree,^[6] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 20 years, unless the enhancement below applies.

If any party to the offense (whether you or someone else) commits or tries to commit a felony other than theft, then a conviction for Burglary of Habitation in Texas is punished as a Felony of the First Degree,^[7] with a maximum possible fine under Texas state law of up to $10,000 and up to life in prison.

Amendments effective in 2024

The legislature created a new penalty classification in a third special session in 2023. This amendment went into effect February 4, 2024.^[8] Under this new amendment, Burglary is classified as a third degree felony when (1) the premises are a building other than a habitation and (2) the offense was committed in the course of committing a Section 20.05(a)(2) Smuggling of Persons offense.^[9]

Can you get probation for Burglary in Texas?

The Texas Code of Criminal Procedure prohibits judges from placing people convicted of this offense on probation if the offense is punishable under subsection (d) and the actor committed the offense with the intent to commit a felony under Penal Code sections 21.02, 21.11, 22.011, 22.021, or 25.02.^[10]

Do I have to register as a sex offender in Texas if guilty of Burglary?

A Texas Burglary conviction or adjudication, including deferred adjudication, requires registration as a sex offender if the offense or conduct is punishable under subsection (d) and the actor committed the offense or engaged in the conduct with intent to commit a felony sex crime like Sexual Assault.^[11] Subsection (d) deals with Burglary of a Habitation scenarios.

What level of crime is Burglary in Texas?

Burglary in Texas is always a felony, ranging from a state jail felony to a first degree felony.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §30.02. This law is current as of 2024.^2. Code of Criminal Procedure 12.01(1)(J)^3. Code of Criminal Procedure 12.01(4)^4. Texas Penal Code §30.02(c)(1)^5. §30.02(c-1),Texas Penal Code, enacted by H.B. 1178, 85th Legislature (RS), Section 2^6. Texas Penal Code §30.02(c)(2)^7. Texas Penal Code §30.02(d)^8. SB 4, 88th Texas Legislature (SS3), Section 12 & 13^9. Texas Penal Code §30.02(c-2), as enacted by SB 4, 88th Texas Legislature (SS3), Section 8^10. Art. 42A.054(a)(12), Texas Code of Criminal Procedure^11. Code of Criminal Procedure, Article 62.001(5)(D)