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. Learn more detailed information about the Burglary offense below.

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Burglary is classified in the Texas Penal Code under Title 7 “Offense Against Property,” Chapter 30 “Burglary And Criminal Trespass.”

What is the current Texas law about Burglary?

The current Texas law 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 Burglary?

You can be charged with Burglary 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 punishment for Burglary?

If the building is not a habitation, then a conviction for Burglary is punished as a State Jail Felony,[2] with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to two years.

If the building is a habitation, then a conviction for Burglary is punished as a Felony of the Second Degree,[3] 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 is punished as a Felony of the First Degree,[4] with a maximum possible fine under Texas state law of up to $10,000 and up to life in prison. Learn about the differences between grades of felonies and misdemeanors


Legal References:

^1. Texas Penal Code §30.02^2. Texas Penal Code §30.02(c)(1)^3. Texas Penal Code §30.02(c)(2)^4. Texas Penal Code §30.02(d)


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