BURGLARY

What is it? Residential Burglary, common called Burglary of a Home, occures when an individual enters a building with the intent to steal items from within, where that building is the occupied dwelling. The building need not contain people or be occupied at the time of the entering, as long as the home is occupied as a residence.

What makes it illegal?  The Texas Criminal Penal Code Sec. 30.02.  BURGLARY indicates that a person commits an offense if he enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.

What are the Punishments? For individuals arrested for RESIDENTIAL BURGLARY, the penalty is a felony of the second degree. The offense is elevated to a felony of the first degree if: (1)  the premises are a habitation; and(2)  any party to the offense entered the habitation with intent to commit a felony other than felony theft or committed or attempted to commit a felony other than felony theft.

Common Criminal Cases Involving Theft Arrests: The most common Residential Burglary cases involve home robberies or thefts from a house.

TEXAS PENAL CODE, TITLE 7. Sec. 30.02.  BURGLARY.
Sec. 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. (b)  For purposes of this section, "enter" means to intrude: (1)  any part of the body; or (2)  any physical object connected with the body. (c)  Except as provided in Subsection (d), an offense under this section is a: (1)  state jail felony if committed in a building other than a habitation; or (2)  felony of the second degree if committed in a habitation. (d)  An offense under this section is a felony of the first degree if: (1)  the premises are a habitation; and (2)  any party to the offense entered the habitation with intent to commit a felony other than felony theft or committed or attempted to commit a felony other than felony theft.
See Penalties for this Offense	Read the Full Penal Code Section

 

 

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