What is “ Criminal Trespass ?” Texas Penal Code section 30.05 states :
A person commits an offense if the person enters or remains on or in property of another , including residential land , agricultural land , a recreational vehicle park , a building , or an aircraft or other vehicle , without effective consent and the person :
( 1 ) had notice that the entry was forbidden ; or ( 2 ) received notice to depart but failed to do so .
See Texas Penal Code section 30.05 for additional information : https :// statutes . capitol . texas . gov / Docs / PE / htm / PE . 30 . htm # 30.05
What is a “ Criminal Trespass Warning ”?
To affect an arrest without a warrant , the Arlington Police Department has established a procedure to track criminal trespass warning notices made in a officer ’ s presence :
An officer must witness the criminal trespass warning being given to a subject being warned by a representative of the property in question . The warning must include an expiration date or statement that the trespass warning is effective indefinitely .
An officer shall request , from the representative , an expiration date of the criminal trespass warning .
“ Criminal Trespass ”
The offense of criminal trespass may exist even if the warning is not made in the presence of an officer . If a trespass allegation is made , the officer shall take an offense report .
Officers cannot order a person to leave a premise as the representative of the property owner . The owner or owner ’ s representative must give the order for a person to leave the premises before an officer can make an arrest for refusal or failure to leave .