Burglary

Chapter 30 of the Texas Penal Code defines burglary and trespass charges.

“Burglary”, as per § 30.02 of the Texas Penal Code, occurs when a person, without the effective consent of the owner:

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
remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.

A n offense under this section is a state jail felony if committed in a building other than a habitation; or felony of the second degree if committed in a habitation.

If the premises are a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; and the person entered or remained concealed in that building with intent to commit a theft of a controlled substance, it is a third degree felony.

An offense under this section is a felony of the first degree if the premises are a habitation and 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.

Punishment Range

State Jail Felony

Confinement in a state jail for not more than two years and not less than 180 days
In addition to confinement, may receive a fine not to exceed $10,000

Third Degree Felony

Imprisonment in the institutional division for not more than 10 years or less than two years
In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree Felony

Imprisonment in the institutional division for not more than 20 years or less than two years
In addition to imprisonment, may receive a fine not to exceed $10,000

First Degree Felony

Imprisonment in the institutional division for life, or
Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon
In addition to imprisonment, may receive a fine not to exceed $10,000

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