Houston, TX asked in Criminal Law for Texas

Q: If I’m not allowed in a home but someone living there allows me to come in is that illegal?

Like it was basically a god mother the owner of the property found me sleeping over at her house with my girlfriend. Which my girlfriend let me in the home in first place is that crime? She says I’m not allowed in there what if I do come over again with my girlfriends permission, will that be crime?

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2 Lawyer Answers
Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: The owner of the property has the authority. In your situation, it is possible you could be charged with criminal trespass or stalking if you continue to appear at the home. A protective order could also be issued against you, and if you violate the terms of said order, felony charges could be filed. Your girlfriend does not have the authority to give you permission to appear.

Kiele Linroth Pace agrees with this answer

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: It is a crime to enter a habitation without effective consent of the owner. So don't do that anymore, and don't post confessions on the Internet.

With regard to any existing case, consider what happens when a non-owner resident consents to home entry by law enforcement, especially when they knew (or should have known) that the non-owner resident granted consent against the wishes of the home owner.

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