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CHAPTER 30. BURGLARY AND CRIMINAL TRESPASS
§ 30.02. BURGLARY.
(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.
(b) For purposes of this section, "enter" means to intrude:
(1) any part of the body; or
(2) any physical object connected with the body.
(c) Except as provided in Subsection (d), an offense under
this section is a:
(1) state jail felony if committed in a building other
than a habitation; or
(2) felony of the second degree if committed in a
habitation.
(d) An offense under this section is a felony of the first
degree if:
(1) the premises are a habitation; and
(2) any party to the offense entered the habitation
with intent to commit a felony other than felony theft or committed
or attempted to commit a felony other than felony theft. |
