Questions and Answers
What are the elements of a burglary according to Sec. 30.02 TPC?
What is the penalty for committing burglary in a habitation?
2nd Degree Felony
Burglary of Coin-Operated or Coin Collection Machines is classified as a ______.
Class A misdemeanor
Burglary of Vehicle is defined as breaking into a vehicle with intent to commit any crime.
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What classification is given to a person who is convicted of Burglary of Vehicle multiple times?
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What constitutes Criminal Trespass as per Sec. 30.05 TPC?
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Study Notes
Elements of a Burglary
- Involves unauthorized entry into a habitation or building with intent to commit a felony, theft, or assault.
- Remaining concealed inside a building or habitation with the intention to commit a felony is also considered burglary.
- Committing or attempting to commit a felony after entering a building or habitation qualifies as burglary.
Penalties for a Burglary
- Offending in a non-habitation building results in a state jail felony charge.
- Committing burglary in a habitation escalates the charge to a 2nd Degree Felony.
- Third Degree Felony applies if the burglary occurs in a commercial building used for storing controlled substances.
- Entering with intent to commit a felony beyond theft can trigger a 1st Degree Felony charge.
Burglary of Coin-Operated or Coin Collection Machines
- Defined as breaking and entering into any coin-operated machines.
- Classified as a Class A misdemeanor.
Burglary of Vehicle
- Involves the act of breaking into a vehicle with the intent to commit felony theft.
Penalties for Burglary of Vehicle
- Committing the same vehicle burglary crime multiple times results in a Class A misdemeanor; however, it escalates to a state jail felony if repeated.
- If a vehicle involved contains wholesale drugs or other drugs, it is classified as a 3rd Degree Felony.
Criminal Trespass
- Occurs when an individual enters or remains on someone else's property without effective consent.
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Description
Test your knowledge on the elements and penalties of burglary under the Texas Penal Code with these helpful flashcards. Review key definitions and legal standards to enhance your understanding of criminal law in Texas.
