Legal Question in Criminal Law in Texas
Is it Burglary of Habitation if a person steals from a house he had permission to enter the residence even though the permission is over a year old and has had no contact with the one giving permission in over a year?
1 Answer from Attorneys
Permission to enter a residence can be limited both in time and in the basis for the entry. For example, if A gave B permission to go into A's house to get a platter to borrow but instead B went into the house and stole the t.v.s and electronics, then this could be filed as a burglary. While this is the law, some times cops don't get that and / or prosecutors refuse to accept charges in these situations thinking the juries would have a hard time understanding.
Another example regarding timing - A housesits for B in January so A obviously has permission to be in the house in January. The following December, A enters Bs house to steal. This is a burglary because the timing & the basis of the permission.
A visits B during the holidays. A lives in another city so A stays with B for about 10 days. 6 months later A goes in B's house and steals. This is a burglary.
A lives with B so A can enter any time A wants. A moves out to another place. 1 year later, A enters B's house to steal - this is a burglary even though it was not explicitly stated but it is clear to everyone that A no longer had the right to enter the house (& never had the right to steal.)
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