Texas Penal Code Practice

The legal definition of "burglary" under Texas law encompasses the act of entering a habitation without the owner's consent with the intent to commit a felony, theft, or other criminal activity. This definition captures the essential elements of burglary, which include unauthorized entry and the intention to commit a crime once inside.

In Texas Penal Code, a "habitation" refers to a structure where people live, which could fall under residences, including houses and apartments. The aspect of "without the owner's consent" emphasizes the violation of property rights that is inherent in burglary. The inclusion of the intent to commit a felony or theft makes it clear that the unlawful entry is not merely about accessing the property but about engaging in criminal conduct once inside.

This comprehensive definition sets burglary apart from related offenses. For example, merely attempting theft without entering a building does not meet the criteria for burglary, nor does the use of force to enter, unless it is combined with the intent to commit an offense upon entry. Allowing for consent when entering a building also differentiates burglary from other property crimes. Thus, the best description of burglary under Texas law is indeed the unauthorized entry into a habitation with the intent to commit an illegal act.