{"id":376574,"date":"2016-03-31T21:36:52","date_gmt":"2016-04-01T02:36:52","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/texas-law\/texas-burglary-and-criminal-trespass-laws.html"},"modified":"2018-03-29T14:04:42","modified_gmt":"2018-03-29T19:04:42","slug":"texas-burglary-and-criminal-trespass-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/texas-law\/texas-burglary-and-criminal-trespass-laws.html","title":{"rendered":"Texas Burglary and Criminal Trespass Laws"},"content":{"rendered":"\n
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Texas Burglary and Criminal Trespass Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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Although similar, burglary<\/a> and criminal trespass<\/a> are two separate crimes in Texas. To get a conviction for burglary, the more serious of the two, a prosecutor must prove beyond a reasonable doubt that without consent of the owner, the defendant entered a private habitation with the intent to commit a felony, theft, or assault. Entering a vehicle or breaking into a coin-operated machine with the intent to commit a felony or theft is also considered burglary. For burglary, even if the felony, theft, or assault did not take place, a defendant may be found guilty, even if all they had was the intent to commit a crime<\/a>.<\/p>\n

The Difference Between Burglary and Criminal Trespass<\/h2>\n

The difference between these two related offenses is best explained through an illustration. Suppose Bob broke into Mary’s house in hopes of stealing her new television. However, once he broke in and entered the house, the alarm went off and Bob fled the scene. Even though Bob did not take anything from Mary’s house, since he intended to do so upon entering, Bob may be found guilty of burglary.<\/p>\n

On the other hand, for a defendant to be convicted of a criminal trespass, the only things a prosecutor must prove beyond a reasonable doubt<\/a> are:<\/p>\n