Texas Penal Code Practice 2025 – The All-in-One Guide to Mastering Your Exam!

"Criminal trespass of a habitation" in Texas is defined as entering or remaining in a habitation without the consent of the property owner or the person in lawful control of the property. This means that if an individual unlawfully enters or stays in someone else's home without permission, they can be charged with this offense.

This law recognizes the sanctity and privacy of one's home and establishes that consent is critical for permissible entry. Simply put, the act must involve either unauthorized entry or refusal to leave when asked, establishing clear grounds for prosecution under this section of the Texas Penal Code.

The other options do not accurately capture the legal definition of criminal trespass in this context. While entering a property with verbal consent does not constitute trespass at all, misusing a key may involve different considerations such as obtaining consent inappropriately, and remaining on public property is not trespass because it does not involve a defined "habitation." This clarification helps reinforce understanding of trespass laws and their application.