Trespassing can be either a state or federal offense, depending on where and how it happens. Most of the time, it falls under state law, but there are cases when it becomes a federal matter.
Below are some key factors to consider.
Trespassing under Texas law
In Texas, most trespassing charges are handled at the state level. Under Texas Penal Code § 30.05, criminal trespass occurs when a person enters or remains on someone else’s property without permission, even after being warned not to enter or told to leave. This warning can be given in person, through signage, fencing or paint markings.
State charges for trespassing in Texas are:
- Class C misdemeanor for certain agricultural or residential land
- Class B misdemeanor for standard trespass
- Class A misdemeanor if it involves a home, critical facility or a weapon
These state-level charges do not involve federal law.
When trespassing becomes a federal crime
Trespassing is a federal offense when it involves federal property. This includes military bases, national parks, courthouses and buildings protected by federal law enforcement. Under 18 U.S.C. § 1752, it is a federal crime to enter restricted federal buildings or grounds without permission, especially if the area is secured for official duties.
Penalties for federal trespassing can include higher fines and longer jail time, depending on the circumstances.
If you are facing a trespassing charge, it is important to know whether you are being charged under state or federal law. This affects the legal process and potential penalties. Seeking legal guidance will help you understand your rights and options.