Texas Penal Code Practice

What does entering without effective consent into a habitation with the intent to commit a felony, theft, or an assault constitute?

1. Burglary of Habitation

2. Criminal Trespass

3. Theft of $50 to $500

4. Theft of $1500 to $20,000

The correct answer is: Burglary of Habitation

Entering a habitation without effective consent with the intent to commit a felony, theft, or assault is classified as burglary of a habitation under Texas law. This is because burglary specifically requires the unauthorized entry into a building or habitation with the intention of committing an offense inside, such as a felony or theft. The focus is on the intent at the time of entry, which distinguishes burglary from other offenses like criminal trespass, which generally pertains to entering without consent but without the intent to commit a further crime. In this context, burglary carries more severe penalties than criminal trespass since the act also involves a potential threat to safety and property by intending to commit an additional crime. While theft classifications pertain to the unlawful taking of property, the question emphasizes the act of entering with intent, which fits squarely under the definition of burglary of habitation.