Galveston, TX asked in Criminal Law for Texas

Q: Can you receive a ticket for intruding on premises without be informed in writing or verbally that you are not allowed

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1 Lawyer Answer
Milan Marinkovich
Milan Marinkovich
  • Criminal Law Lawyer
  • The Woodlands, TX
  • Licensed in Texas

A: I assume you mean a ticket for "criminal trespass" under Texas Penal Code Section 30.05. You must be provided with notice that entry onto the protective premises is unauthorized (i.e. a "No-Trespassing Sign)or receive notice to depart the premises (verbally) and fail to do so. The notice requirement would be satisfied if either the owner, or the owner's legal representative notified you either orally or in writing either not to enter or to depart. Before someone can be convicted of criminal trespass, the jury must find that the defendant had the required notice outlined above.

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