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Old June 30, 2009, 08:53 PM   #29
OuTcAsT
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Join Date: January 8, 2006
Location: Eastern, TN
Posts: 1,236
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Knowledge of Tennessee or Florida or Alaska law might, but does not necessarily, help with knowledge of Texas law.
You are correct, of course.

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Of course you've checked the appropriate Texas statutes. Burglary is, indeed, a Felony.
Of course I have, and you are incorrect, it is not a felony. Read, and be enlightened, to wit; (TEXAS PENAL CODE)


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§ 30.02. BURGLARY. (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
(2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
(3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.
A number of terms in this statute are defined in the TPC. “Effective consent” basically means voluntary consent by a competent person. Sec. 1.07 provides
(19) "Effective consent" includes consent by a person legally authorized to act for the owner. Consent is not effective if:
(A) induced by force, threat, or fraud;
(B) given by a person the actor knows is not legally authorized to act for the owner;
(C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions; or
(D) given solely to detect the commission of an offense.
Sec. 30.02 (b) provides:, "’enter’ means to intrude: (1) any part of the body; or (2) any physical object connected with the body” (e.g., crowbar). Notice that the common law requirement of a “breaking” is not included, and the person does not have to get completely inside the habitation or building. The second form of burglary, requires no entry with intent. It requires “remaining concealed” with intent after entering, even if the initial entry was with consent. Note that the intent to commit the other crime,(a) (1) and (2), must occur at the same time as the entry or remaining.
Other terms are defined in sec. 30.01:

§ 30.05. CRIMINAL TRESPASS. (a) A person commits an offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent or
he enters or remains in a building of another without effective consent and he:
129 Burglary, Trespass, Arson, and Mischief
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
Note that unlike burglary, there is no requirement of any intent to commit another crime. Some of the key terms are defined in the section:
(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) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:
(i) vertical lines of not less than eight inches in length and not less than one inch in width;
(ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and
(iii) placed at locations that are readily visible to any person approaching the property and no more than:
(a) 100 feet apart on forest land; or
(b) 1,000 feet apart on land other than forest land; or
(E) 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.
Note the difference in the definitions of ‘entry’ between burglary and criminal trespass. “Effective consent” is defined as in the offense of burglary. Depending upon the type of area entered and certain other circumstances, the offense ranges from a Class C Misdemeanor (fine only) to a Class A misdemeanor.

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And where do you get the idea that you can't make a citizen's arrest for a misdemeanor
Perhaps I just pulled it from my rear, same as you, unless , of course, you would care to post the statute that gives you arrest authority. perhaps you could cite some of the cases you claim knowledge of ?
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Last edited by OuTcAsT; June 30, 2009 at 09:12 PM.
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