3.306 — AGGRAVATED TRESPASSING

Violations of "Statute 3.306" results in a Class B Misdemeanor

---

(a) Definitions

"Aggravated Trespassing" refers to unlawfully entering or remaining on property with the intent to intimidate, harass, cause harm, or commit a crime. This includes circumstances where the trespassing escalates in severity due to threats, violence, or prior warnings.

(b) Elements

To establish the offense of aggravated trespassing, the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant knowingly entered or remained on property unlawfully.

2. The defendant did so with the intent to:

   • Cause harm, fear, or intimidation to the occupants.

   • Commit a crime while trespassing.

   • Violate a restraining order or trespass after receiving prior warnings.

3. The defendant’s presence was unlawful due to explicit denial, posted restrictions, or previous legal orders prohibiting entry.

(c) Defenses

A defendant may raise the following defenses against a charge of aggravated trespassing:

• Lack of Intent: The defendant had no intent to intimidate, harass, or commit a crime.

• Mistaken Presence: The defendant reasonably believed they had a right to be on the property.

• Permission or Consent: The property owner or lawful authority had granted prior permission.

• Necessity: The defendant entered due to an emergency or imminent danger (e.g., seeking shelter, medical emergency).