Q: Criminal trespassing in Texas can I keep someone off my property indefinitely by telling them they are not allowed?
If I tell Bob he is NEVER allowed on my property or I will call police and press charges on him for criminal trespassing, but he comes on my property a year later anyway, will the police actually come get him fine and/or jail him? How can I prove i notified Bob in advance? What if he leaves before the police arrive or he is caught on camera when we are not home, can he still be fined or jailed with video evidence?
A:
Yes, at least in theory. However, whether the person would be arrested or prosecuted for the offense probably varies by jurisdiction. Taking a look at the plain text of the statute, it appears that you could increase the odds of arrest by installing fences and signs.
Texas Penal Code Sec. 30.05. CRIMINAL TRESPASS. (a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) "Entry" means the intrusion of the entire body.
(2) "Notice" means:
(A) oral or written communication by the owner or someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock;
(C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;
(D) [... snip ...]
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