Texas Penal Code Practice

What is the offense when a person enters or remains in a habitation with the intent to commit a felony, theft, or assault?

1. Criminal Trespass

2. Theft of $1500 to $20,000

3. Theft $100,000 to $200,000

4. Burglary of Vehicle

The correct answer is: Criminal Trespass

The correct choice relates to the offense defined as Burglary in Texas Penal Code. When a person enters or remains in a habitation with the intention of committing a felony, theft, or assault, this individual's actions fall under the definition of Burglary. In Texas, a habitation is any structure or vehicle that is adapted for the overnight accommodation of people. The critical element is the intent to commit a specific crime, such as a felony or theft, once inside. This intention distinguishes Burglary from other offenses, such as Criminal Trespass, which typically does not require the intention to commit a crime within the structure. Understanding this distinction is crucial. While Criminal Trespass involves entering or remaining on someone else’s property without consent, it does not necessitate the intent to commit another crime. The offenders in those situations may not have specific criminal aims in mind, differing fundamentally from the Burglary definition. Hence, the offense of entering or remaining in a habitation with the intent to commit a felony, theft, or assault is accurately classified as Burglary under Texas law.