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).

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