texas criminal trespass warning expiration

Trespass as a Class B misdemeanor is punishable by up to 6 months in jail and a $2,000 fine. Acts 2021, 87th Leg., R.S., Ch. 2, eff. And due to its cross-platform nature, signNow works well on any gadget, PC or mobile phone, regardless of the OS. BURGLARY AND CRIMINAL TRESPASS. Start your day off right, with a Dayspring Coffee. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the increase in punishment provided by Subsection (d)(3)(A)(iii) does not apply. Criminal Defense Attorney in Houston, TX. do criminal trespass warnings expire in texas. (9) "Recognized state" means another state with which the attorney general of this state, with the approval of the governor of this state, negotiated an agreement after determining that the other state: (A) has firearm proficiency requirements for peace officers; and. 43, eff. Trespass warnings are convictions for trespassing without the benefit of due process and trial. 900, Sec. >> 916, Sec. September 1, 2021. 1026 (H.B. Acts 2013, 83rd Leg., R.S., Ch. An attorney-client relationship will arise between you and our firm only if we specifically agree to act for you. September 1, 2017. thoracotomy incision pictures city of wisconsin dells treasurer do criminal trespass warnings expire in texas; To: "liblouis-liblouisxml@xxxxxxxxxxxxx" . 910), Sec. /Group << Draw your signature, type it, upload its image, or use your mobile device as a signature pad. TopTenReviews wrote "there is such an extensive range of documents covering so many topics that it is unlikely you would need to look anywhere else". September 1, 2021. Trespass involves simply entering onto land without the consent of the landowner. The whole procedure can last less than a minute. 1927), Sec. Automate business processes with the ultimate suite of tools that are customizable for any use case. /Kids [5 0 R 6 0 R 7 0 R 8 0 R] 10 0 obj This site uses cookies to enhance site navigation and personalize your experience. An example of criminal trespass is standing in an apartment . (e) It is a defense to prosecution under this section that the actor entered a rail car or any part of a rail car and was at that time an employee or a representative of employees exercising a right under the Railway Labor Act (45 U.S.C. Section 151 et seq.). Two additional 12-month . endobj Acts 2005, 79th Leg., Ch. 30.07. USLegal has been awarded the TopTenREVIEWS Gold Award 9 years in a row as the most comprehensive and helpful online legal forms services on the market today. /K false September 1, 2007. received notice to depart, but failed to do so. (12) "Institution of higher education" has the meaning assigned by Section 61.003, Education Code. September 1, 2019. 9), Sec. Create your signature, and apply it to the page. 161, Sec. (f-3) It is a defense to prosecution under this section that: (1) the basis on which entry on a leased premises governed by Chapter 94, Property Code, was forbidden is that entry with a firearm or firearm ammunition was forbidden; (2) the actor is a tenant of a manufactured home lot or the tenant's guest; (A) carries or stores a firearm or firearm ammunition in the tenant's manufactured home; (B) carries a firearm or firearm ammunition directly en route to or from the tenant's manufactured home; (C) carries a firearm or firearm ammunition directly en route to or from the actor's vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises; or, (D) carries or stores a firearm or firearm ammunition in the actor's vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises; and. If you determine a Criminal Trespass Warning was given in error, . Are There Sharks In Lake Union, Do Criminal Trespass Warnings Expire In Texas? Second, a sign says "No Trespassing" is posted around the property showing the world that access is limited. (f-2) It is a defense to prosecution under this section that: (1) the basis on which entry on a leased premises governed by Chapter 92, Property Code, was forbidden is that entry with a firearm or firearm ammunition was forbidden; (2) the actor is a tenant of the leased premises or the tenant's guest; (A) carries or stores a firearm or firearm ammunition in the tenant's rental unit; (B) carries a firearm or firearm ammunition directly en route to or from the tenant's rental unit; (C) carries a firearm or firearm ammunition directly en route to or from the actor's vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or, (D) carries or stores a firearm or firearm ammunition in the actor's vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; and. September 1, 2021. 1, eff. 3 attorney answers. 21, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Criminal Trespass Warning Notices shall expire twelve months from the date of issuance unless in the last month prior to the expiration of the notice the property owner or their designate renews the warning by signing the renewal request at the police department . Acts 2017, 85th Leg., R.S., Ch. do criminal trespass warnings expire in texas. USLegal received the following as compared to 9 other form sites. 5, eff. Sec. Yes, you can be charged with trespassing even if no signs are posted and no fences are placed to bar entry. Acts 2021, 87th Leg., R.S., Ch. 8, eff. >> Acts 2015, 84th Leg., R.S., Ch. 8, eff. 1, eff. 24, eff. Acts 2021, 87th Leg., R.S., Ch. 5. Second, a sign saying "No Trespassing" can be posted around the property showing the world that access is restricted. Utilize the recommendations in the TX Criminal Trespass Affidavit in order to make sure you have accomplished it accurately and offered all of the required info. 910), Sec. 1261, Sec. How long does a criminal trespass last in Texas? A no trespassing letter, sometimes called a Letter of No Trespass or Notice of No Trespass, is useful in a number of ways. 910), Sec. 910), Sec. Trespass Penalties The crime is considered a Class B misdemeanor and is penalized with a fine of up to $2,000 or 180 days of jail time. How to fill out and sign do criminal trespass warnings expire in texas online? Here are a few examples of Notice: First, an owner tells you not to go onto the property. Experience a faster way to fill out and sign forms on the web. 6, eff. Added by Acts 2015, 84th Leg., R.S., Ch. (3) "Shelter center" has the meaning assigned by Section 51.002, Human Resources Code. (h) At the punishment stage of a trial in which the attorney representing the state seeks the increase in punishment provided by Subsection (d)(3)(A)(iii), the defendant may raise the issue as to whether the defendant entered or remained on or in a critical infrastructure facility as part of a peaceful or lawful assembly, including an attempt to exercise rights guaranteed by state or federal labor laws. Add the PDF you want to work with using your camera or cloud storage by clicking on the. The fact that you are even thinking about this does not bode well. I told him that only one persons name was on it and he . 302), Sec. Attorney, Terms of Acts 2015, 84th Leg., R.S., Ch. 8 0 obj Learn how to speed up your document workflows with secure and intuitive eSignatures. 3167), Sec. As a result, you can download the signed criminal trespass warning form to your device or share it with other parties involved with a link or by email. >> Get 250 free signature invites. Trespass warnings are meant to keep a person off land, so a new owner can revoke the old owner's trespass warning. (10) "Recreational vehicle park" has the meaning assigned by Section 13.087, Water Code. Criminal trespass is normally a Class B misdemeanor with a fine up to $2,000 and a jail term up to 180 days. endobj >> Get connected to a reliable internet connection and begin completing documents with a legally-binding electronic signature within a few minutes. Home; About. /Pages 2 0 R September 1, 2021. >> Sec. 437 (H.B. Acts 2021, 87th Leg., R.S., Ch. He was jailed for 2nd offense DUI. (e) It is an exception to the application of this section that the property on which the license holder openly carries the handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03. Use professional pre-built templates to fill in and sign documents online faster. 1138, Sec. /Count 1 /Filter /FlateDecode Up to 365 calendar days from the date the warning was issued; or b. Acts 2015, 84th Leg., R.S., Ch. 1069), Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 01. 1, 2, eff. September 1, 2019. Acts 1973, 63rd Leg., p. 883, ch. >> >> Acts 1973, 63rd Leg., p. 883, ch. (f) It is a defense to prosecution under this section that: (1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and, (A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and. 4, eff. /Resources << In addition, why would you want to go onto property where the occupants have clearly indicated that they do not want you there? 1.01, eff. no trespassing order template. T - (011) 4 283 828 F - (081) 2 579 447. 809 (H.B. best lunch restaurants valletta; dream of picking up coins off the ground islam Criminal trespass is a misdemeanor crime. The responding officer will write a report documenting that 1138 (H.B. DPS troopers and Texas National Guard troops have been deployed to 48 Texas counties covered by a state disaster declaration. Criminal trespass involves being on someone else's property without permission. Not only does it offer the TX Criminal Trespass Affidavit sample, it also enables you to make use of its online editor to provide the required data and e-sign the sample. Open the email you received with the documents that need signing. /Type /Page 1276, Sec. For trespass on agricultural land within 100 feet of the land boundary, or in a residential area within 100 feet of a freshwater stream or river, a Class C . 5, eff. O work together to reduce criminal activities on private property. /Length 173 Trespassing on farmland or being within 100 feet of a freshwater area is considered a Class C misdemeanor for which the penalties double to a maximum $4,000 fine and/or a year in jail. Trespassing fines vary widely, from a few hundred dollars to as much as $4,000 or more. A. 6, eff. 16-7-21 (2010) 16-7-21. (2) "License holder" has the meaning assigned by Section 46.03. Criminal trespass involves entering or remaining in a place knowing one is there without a license or privilege. BURGLARY. 18, eff. << 12 0 obj Those defenses are related to the actor at the time of entering the property was a firefighter or emergency medical services personnel. (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: (2) received notice to depart but failed to do so. Edit your texas criminal trespass warning notice form online. 4, eff. 2112), Sec. Go to the Chrome Web Store and add the signNow extension to your browser. (1) "Entry" means the intrusion of the entire body. A trespass warning does not appear on your record but simply prevents you from trespassing again. /Group << (a) a person commits an offense if, without the effective consent of the owner, he breaks or enters into any coin-operated machine, coin collection machine, or other coin-operated or coin collection receptacle, contrivance, apparatus, or equipment used for the purpose of providing lawful amusement, sales of goods, services, or other valuable Criminal Trespass is a misdemeanor crime in Texas that essentially involves being somewhere you're not supposed to be. 338 (H.B. Highest customer reviews on one of the most highly-trusted product review platforms. /Type /Catalog (e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03. June 18, 2005. When I was served, my papers included a criminal trespass warning that indicated I was not to come near or onto my parents' property. It becomes a Class A misdemeanor if the defendant was carrying a gun or deadly weapon at the time or if there are prior criminal trespass convictions. To trespass, a customer means to formally warn the offending customer that they are to immediately leave the premises and not return under threat of criminal prosecution. 1887), Sec. Notice comes in a few forms under the criminal trespass law. are honey nut cheerios high in oxalates. Amended by Acts 1987, 70th Leg., ch. 1, eff. 03. Forms 10/10, Features Set 10/10, Ease of Use 10/10, Customer Service 10/10. 15 0 obj 1540), Sec. /Parent 2 0 R Decide on what kind of signature to create. Business. Oak Cliff Crime Watch for 009691-2023 (CRIMINAL TRESPASS WARNING) - brought to you by BubbleLife. Criminal trespass is normally a Class B misdemeanor with a fine up to $2,000 and a jail term up to 180 days. What constitutes trespassing on private property? (d) Subject to Subsection (d-3), an offense under this section is: (1) a Class B misdemeanor, except as provided by Subdivisions (2) and (3); (2) a Class C misdemeanor, except as provided by Subdivision (3), if the offense is committed: (A) on agricultural land and within 100 feet of the boundary of the land; or, (B) on residential land and within 100 feet of a protected freshwater area; and. 1178, Sec. 3167), Sec. 2112), Sec. Under most circumstances, criminal trespass is a Class B misdemeanor in Texas. (A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly"; or. The Trespass Warnings do not expire, unlike the 1 year time period under the admonishment program. Make use of the arrows on the left side to direct you to the fillable fields. Acts 2019, 86th Leg., R.S., Ch. 25, eff. September 1, 2021. (a) A person commits the offense of criminal trespass when he or she intentionally damages any property of another without consent of that other person and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person . Criminal trespass is normally a Class B misdemeanor with a fine up to $2,000 and a jail term up to 180 days. (e-1) It is a defense to prosecution under this section that: (D) a guest of a tenant of an owner described by Paragraph (A) or (B); and. do criminal trespass warnings expire in texas. victoria davis obituary Home ; tell me why the stars do shine sheet music Shop . (A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun"; or. It was 1:54 a.m. and he admitted he'd just come from a bar, flunked his field sobriety tests and blew a 0.170 BAC. when the person had notice that the entry was forbidden or received notice to depart but failed to do so. All you have to do is download it or send it via email. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (B) fully recognizes the right of peace officers commissioned in this state to carry weapons in the other state. September 1, 2017. September 1, 2021. << With signNow, it is possible to design as many papers per day as you require at an affordable price. /CS /DeviceRGB Acts 2017, 85th Leg., R.S., Ch. 1 It can happen. 1, eff. (5) "Agricultural land" has the meaning assigned by Section 75.001, Civil Practice and Remedies Code. Notice can also occur when one of the following is proven: In most cases, a criminal trespass is charged as a Class B misdemeanor depending on the place where the trespass occurred. (3) the offense is a felony of the third degree if: (A) the vehicle broken into or entered is owned or operated by a wholesale distributor of prescription drugs; and. Planning, Wills (B) the actor breaks into or enters that vehicle with the intent to commit theft of a controlled substance. 1, eff. It becomes a Class A misdemeanor if the defendant was carrying a gun or deadly weapon at the time or if there are prior criminal trespass convictions. Acts 2009, 81st Leg., R.S., Ch. Amended by Acts 1993, 73rd Leg., ch. /MediaBox [0 0 612 792] It is simply the first legal step to prevent an individual from trespassing on a given property. September 1, 2021. (b) For purposes of this section, "entry" includes every kind of entry except one made with the effective consent of the owner. June 14, 2013. 1143 (H.B. My Account, Forms in Message. << Speed up your businesss document workflow by creating the professional online forms and legally-binding electronic signatures. Elements of the Texas Criminal Trespass Statute. Select the area where you want to insert your signature and then draw it in the popup window. 30.05. Get your online template and fill it in using progressive features. Missouri Trespassing Laws, 2018 DaySpring Coffee Co. | Developed by Fiebelkorn Solutions, Why Do F1 Drivers Drink From Straw After Race, open3d create point cloud from rgbd image. 1178), Sec. January 1, 2016. If the person continues to trespass, call the police and he/she will be arrested and prosecuted. /Kids [10 0 R] 1. endstream & Estates, Corporate - September 1, 2021. 1, eff. 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 1540), Sec. For trespass cases that hinge on whether the person had notice that the entry was forbidden, the term notice is defined to include a oral or written communication by the owner or someone with apparent authority to act for the owner. An inspirational, peaceful, listening experience. June 18, 2005. Second, a sign says "No Trespassing" is posted around the property showing the world that access is limited. 1.01, eff. >> Trespass does not require a state of knowledge, but only requires the act of entering. Go beyond eSignatures with the Business Cloud. In many States in this country, there are laws that provide that the mere crossing upon some one else's property absent an emergency is a trespass even if no signs are posted on th land stating "no trespassing". Sept. 1, 1994. 550), Sec. Criminal Trespass Warning Notices shall expire twelve months from the date of issuance unless in the last month prior to the expiration of the notice the property owner or their designate renews the warning by signing the renewal request at the police department. (2) felony of the second degree if committed in a habitation. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Designed + Hosted by INFINITI. September 1, 2019. The best way to generate an electronic signature for a PDF document in the online mode, The best way to generate an electronic signature for a PDF document in Chrome, The way to generate an signature for putting it on PDFs in Gmail, How to make an electronic signature right from your mobile device, The way to make an signature for a PDF document on iOS devices, How to make an electronic signature for a PDF on Android devices, If you believe that this page should be taken down, please follow our DMCA take down process, You have been successfully registeredinsignNow. A copy of the Trespass Warning, if in writing, shall be sent to the Bryan Police Department Records. The crime is further elevated to a Class A misdemeanor if the person carries a deadly weapon during the commission of the offense. << /XObject << Us, Delete (b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication. 1, eff. September 1, 2017. 1268), Sec. Embed eSignatures into your document workflows. Find the extension in the Web Store and push, Click on the link to the document you want to design and select. Sept. 1, 1999. I was never told a date that the warning would expire, but is there a time frame for which read more /Filter /FlateDecode texas criminal trespass warning expiration. Added by Acts 1997, 75th Leg., ch. A trespass warning does not appear on your record. 1178), Sec. (2) received notice that entry on the property by a license holder with a concealed handgun was forbidden. /e3ac646e-266e-4aa0-a827-56ac7f0283a1 20 0 R 9.24, eff. /XObject << explains in detail the process of online filling and what to pay attention to. Criminal Trespass Warning Notices shall expire twelve months from the date of issuance unless in the last month prior to the expiration of the notice the property owner or their designate renews the warning by signing the renewal request at the police department. History; Causes We Support; PORTFOLIO; Curious Books BURGLARY. I was arrested on public housing authority property 9 years after the criminal trespass had originally been issued. how long does a no trespassing order last in texas, Identity (i) includes the language described by Paragraph (A) in both English and Spanish; (ii) appears in contrasting colors with block letters at least one inch in height; and. endobj Bozeman resident Brock Edward Laredo, 30, was initially stopped Jan. 12 on the Frontage Road by the airport for speeding, clocked at 60 mph in a 50 mph zone. But trespass is first and foremost a criminal offense. CRIMINAL TRESPASS. /I false (A) carries or stores a handgun in the tenant's manufactured home; (B) carries a handgun directly en route to or from the tenant's manufactured home; (C) carries a handgun directly en route to or from the license holder's vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises; or. (D) a guest of a tenant of an owner described by Paragraph (A) or (B); (A) carries or stores a firearm or firearm ammunition in the condominium apartment or unit owner's apartment or unit; (B) carries a firearm or firearm ammunition directly en route to or from the condominium apartment or unit owner's apartment or unit; (C) carries a firearm or firearm ammunition directly en route to or from the actor's vehicle located in a parking area provided for residents or guests of the condominium property; or, (D) carries or stores a firearm or firearm ammunition in the actor's vehicle located in a parking area provided for residents or guests of the condominium property; and. 1.01, eff. January 1, 2016. #1 Internet-trusted security seal. 2, eff. 30.01. September 1, 2017. Complete TX Criminal Trespass Warning 2007-2022 online with US Legal Forms. the property is surrounded by fencing or other enclosure obviously designed to exclude intruders or to contain livestock; 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; if certain specific conditions are met, the notice can include the placement of identifying purple paint marks on trees or posts on the property; or, with the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry.. 7 0 obj 1649), Sec. Under Texas Penal Code 30.05 (see below), the definition of criminal trespass is more complex than the simple notion of being on someone else's land. Service, Contact Criminal Trespass is a misdemeanor crime in Texas that essentially involves being somewhere you're not supposed to be. 1, eff. For trespass on agricultural land within 100 feet of the land boundary, or in a residential area within 100 feet of a freshwater stream or river, a Class C . For example, a conviction for trespassing may result in a fine of as little as $25 or as much as $1,000. September 1, 2021. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Each renewal is good for an additional twelve months. The civil charges were based on things that never occurred. 1, eff. /I false 39 (H.B. (7) "Critical infrastructure facility" means one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders: (C) an electrical power generating facility, substation, switching station, electrical control center, or electrical transmission or distribution facility; (D) a water intake structure, water treatment facility, wastewater treatment plant, or pump station; (E) a natural gas transmission compressor station; (F) a liquid natural gas terminal or storage facility; (G) a telecommunications central switching office; (H) a port, railroad switching yard, trucking terminal, or other freight transportation facility; (I) a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas; or. According to Texas Penal Code 30.05, criminal trespassing is the act of knowingly entering private property without the consent of the owner. 1303), Sec. The city manager or specified designee will, within one business day of receipt of a request for review of any trespass warning that excludes the individual for seven or fewer days, review the . /Kids [9 0 R] /Contents [25 0 R 26 0 R 27 0 R] Follow the simple instructions below: Expertise the main advantage of e-submitting legal templates with the US Legal Forms service. 5 0 obj /Contents [13 0 R 14 0 R 15 0 R] The signNow extension offers you a variety of features (merging PDFs, adding numerous signers, and so on) for a much better signing experience. The information on this website does NOT constitute legal advice and you may not rely on it as such. How long does a trespass warning last in Texas? It becomes a Class A misdemeanor if the defendant was carrying a gun or deadly weapon at the time or if there are prior criminal trespass convictions. A Criminal Trespass charge can sometimes arise in a situation where a you enter the wrong house by mistake or when you cross through someone else's property on the way to another location. Acts 2011, 82nd Leg., R.S., Ch. /Length 9 Stay away from your parent's property and your parents. f. Police Department Records. Jan 4, 2010 - DARRELL K ROYAL TX MEMORIAL STADIUM, 405 East 23rd Street. 727, Sec. Home; Blog; Uncategorized; do criminal trespass warnings expire in texas; do criminal trespass warnings expire in texas. 2, eff. /Count 1 September 1, 2021. endobj After a subject is given a CTN and returns to the property, does the subject have to be on the property in order to be arrested? (a) A person commits an offense if, without the effective consent of the owner, the person: (1) enters a habitation, or 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. Custom boutique photography for newborns, children, families, seniors, and weddings Acts 2017, 85th Leg., R.S., Ch. Each renewal is good for an . >> (c) A person may provide notice that firearms are prohibited on the property by posting a sign at each entrance to the property that: (1) includes language that is identical to or substantially similar to the following: "Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm"; (2) includes the language described by Subdivision (1) in both English and Spanish; (3) appears in contrasting colors with block letters at least one inch in height; and. Texas Penal Code Sec. Get access to thousands of forms. (f-4) It is a defense to prosecution under this section that: (1) the conduct occurred on hotel property, and the basis on which entry on that property was forbidden is that entry with a firearm or firearm ammunition was forbidden; (2) the actor is a guest of a hotel, as defined by Section 2155.101, Occupations Code; and. (B) is listed on the state registry established under Section 361.181, Health and Safety Code. Acts 2019, 86th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 1178, Sec. (j) Repealed by Acts 2009, 81st Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. 399, Sec. 302), Sec. How long does a criminal trespass last in Texas? 1008 (S.B. 809 (H.B. Criminal trespass is a misdemeanor crime. (a) A person commits an offense if, without the effective consent of the owner, the person: (1) enters a habitation, or 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.
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