Trespass
Penal Code 30.05 — notice, told to leave, and purple paint
A person commits criminal trespass in Texas by entering or remaining on or in another's property, including land, a building or a vehicle, without effective consent, after having notice that entry was forbidden, or after receiving notice to depart and not doing so. Entry means intrusion of the entire body.
- Oral or written communication by the owner or someone with apparent authority to act for the owner.
- Fencing or another enclosure obviously designed to keep out intruders or keep in livestock.
- Signs posted on the property or at a building's entrance, reasonably likely to be seen, saying entry is forbidden.
- Purple paint marks on trees or posts: vertical lines at least eight inches long and one inch wide, the bottom between three and five feet from the ground, readily visible, and no more than 100 feet apart on forest land or 1,000 feet apart elsewhere.
- A crop for human consumption visibly under cultivation, being harvested, or ready to market.
| Where or how | The class |
|---|---|
| Where or howMost trespass | The classClass B misdemeanor |
| Where or howOn agricultural land within 100 feet of its boundary | The classClass C misdemeanor |
| Where or howIn a habitation or shelter center, on a Superfund site or critical infrastructure, or while carrying a deadly weapon | The classClass A misdemeanor |
| Where or howEntering with a firearm where the only thing forbidden was entry with a firearm | The classClass C misdemeanor, a fine of up to $200 |
| Where or howStaying with the firearm after the owner personally gives notice, and failing to depart | The classClass A misdemeanor |
An owner may give notice that firearms are prohibited by a sign at each entrance, in English and Spanish, in contrasting colors with block letters at least one inch high, displayed conspicuously, with the wording the section sets. The section also lists defenses and exceptions not set out here.
Sources for this section (1)
- Penal Code 30.05 — Criminal trespass
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.