El Paso, TX asked in Criminal Law for Texas

Q: Would breaking into a mobile home be burglary of a vehicle

This mobile home is the principal dwelling of someone would it be of a habitat it of a vehicle.

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2 Lawyer Answers

Grant St Julian III

  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Sec. 30.01. DEFINITIONS. In this chapter:

(1) "Habitation" means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes:

(A) each separately secured or occupied portion of the structure or vehicle; and

(B) each structure appurtenant to or connected with the structure or vehicle.

(2) "Building" means any enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.

(3) "Vehicle" includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation, except such devices as are classified as "habitation."

(4) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code.

(5) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code.

Paul Looney

  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: Habitation is defined as structure or vehicle adapted for overnight accommodation. The mobile home is a habitation.Burglary, however, requires that the entry was made with intent to commit theft or another felony. You may be more apt explain the entry as not having either intent. That makes the entry trespass to a habitation, a misdemeanor. Give it another look, and good luck to you.

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