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Questions and Answers
What does 'Habitation' refer to in the Texas Penal Code?
What does 'Habitation' refer to in the Texas Penal Code?
What is the definition of 'Building' according to the Texas Penal Code?
What is the definition of 'Building' according to the Texas Penal Code?
Any enclosed structure intended for use or occupation as a habitation or for trade, manufacture, or ornament.
What is a 'Vehicle' as defined in the Texas Penal Code?
What is a 'Vehicle' as defined in the Texas Penal Code?
Any device that is propelled, moved, or drawn in the course of transportation, excluding devices classified as 'habitation.'
Which of the following acts constitutes Burglary under Texas law?
Which of the following acts constitutes Burglary under Texas law?
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What does 'Enter' mean in the context of burglary?
What does 'Enter' mean in the context of burglary?
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What constitutes Burglary of Coin-Operated or Coin Collection Machines?
What constitutes Burglary of Coin-Operated or Coin Collection Machines?
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What is included in the definition of 'Entry' in the Texas Penal Code?
What is included in the definition of 'Entry' in the Texas Penal Code?
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What does Burglary of Vehicles entail?
What does Burglary of Vehicles entail?
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What is the definition of Criminal Trespass?
What is the definition of Criminal Trespass?
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What are the elements of Trespass by License Holder with a Concealed Handgun?
What are the elements of Trespass by License Holder with a Concealed Handgun?
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What constitutes Trespass by License Holder with an Openly Carried Handgun?
What constitutes Trespass by License Holder with an Openly Carried Handgun?
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Study Notes
Definitions of Key Terms
- Habitation: A structure or vehicle adapted for overnight accommodation, includes separately secured or occupied portions and connected structures.
- Building: Any enclosed structure intended for habitation or a specific purpose like trade, manufacture, or ornamentation.
- Vehicle: A device for transporting persons or property, not classified as a habitation.
Burglary Overview
- Burglary Defined: Involves entering a habitation or building without consent to commit a felony, theft, or assault.
- Entry Conditions: Intrusion can involve any part of the body or a physical object connected to the body.
- Burglary Specifics: Includes breaking or entering coin-operated machines or vehicles with the intent to commit a crime.
Offenses Related to Burglary
- Burglary of Coin-Operated Machines: Involves unauthorized breaking into machines used for lawful amusement or services to obtain property or services.
- Burglary of Vehicles: Involves unauthorized entry into a vehicle with intent to commit a felony or theft.
Criminal Trespass Elements
- Criminal Trespass Defined: Entering or remaining on another's property without consent, including residential, agricultural, and other specified areas.
- Notice of Forbidden Entry: Offense occurs if an individual had prior notice that their entry was forbidden or failed to leave after notice.
License Holder Trespass Provisions
- Concealed Handgun Trespass: A license holder commits an offense when carrying a concealed handgun without consent on property where entry is forbidden.
- Openly Carried Handgun Trespass: Similar to concealed, but applies when a license holder openly carries a handgun on property without consent after given notice.
Important Legal References
- Definitions and elements associated with criminal actions are governed by specific statutes in the Texas Penal Code, providing a framework for prosecution and defense.
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