3.305 — TRESPASSING
Violations of "Statute 3.305" results in a Class C Misdemeanor
(a) Definitions
"Trespassing" refers to unlawfully entering or remaining on property without the consent of the property owner or lawful authority. This includes entering or remaining on private land, buildings, structures, or areas where access is restricted, prohibited, or regulated by law.
(b) Elements
To establish the offense of trespassing, the prosecution must prove beyond a reasonable doubt the following elements:
The defendant knowingly entered or remained on property that is owned, leased, or lawfully occupied by another.
The defendant did so without the express permission or consent of the property owner or lawful authority.
The property was not open to the public or access was restricted by posted notice or other lawful means.
(c) Defenses
A defendant may raise the following defenses against a charge of trespassing:
Lack of Knowledge: The defendant did not know that they were unlawfully on the property or that the property was off-limits.
Permission: The defendant had permission or consent to enter or remain on the property, either express or implied, by the property owner or lawful authority.
Necessity: The defendant entered or remained on the property in order to avoid a greater harm (e.g., to escape from danger, seek medical help).
Innocent Presence: The defendant was on the property but had no intent to trespass or cause harm, and there was no intention of committing a crime.
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