Houston, TX asked in Criminal Law for Texas

Q: What has to be proven to get convicted of burglary of a building in Texas?

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1 Lawyer Answer
Roy Lee Warren
Roy Lee Warren
Answered
  • Criminal Law Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: According to the Penal Code of Texas Sec. 30.02. BURGLARY [of a building] occurs where (a) A person without the effective consent of the owner, the person: (1) enters ...a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or (2) remains concealed, with intent to commit a felony, theft, or an assault, in a building ...; or (3) enters a building .... and commits or attempts to commit a felony, theft, or an assault.

(b) For purposes of this section, "enter" means to intrude:

(1) any part of the body; or

(2) any physical object connected with the body.

Hope this helps.

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