Geocaching--Criminal Trespass in Texas
When hiding or seeking caches in Texas, please keep the following law in mind.
Also note that there is such a thing as civil trespass as well. You can't get thrown in jail for that, but you could get the pants sued off of you. But the law for that is likely to be quite a bit more complicated than for criminal trespass... Each of you may interpret that at your own risk!
Disclaimer: this page is posted as a service only, and is not intended as legal advice. The following text is believed to be accurately transcribed.
Texas Penal Code, Sec. 30.05. CRIMINAL TRESPASS
(a) A person commits an offense if he enters or remains on property or in a building of another without effective consent and he:
(b) For purposes of this section:
(c) It is a defense to prosecution under this section that the actor at the time of the offense was a fire fighter or emergency medical services personnel, as that term is defined by Section 773.003, Health and Safety Code, acting in the lawful discharge of an official duty under exigent circumstances.
(d) An offense under this section is a Class B misdemeanor unless it is committed in a habitation or a shelter center or unless the actor carries a deadly weapon on or about his person during the commission of the offense, in which event it is a Class A misdemeanor.
(e) [added 9/1/97] A person does not have or receive notice under Subsection (b)(2)(D) unless a sign is placed at each entrance for vehicles to the property that gives notice that the presence of purple paint marks on trees or posts on the property indicates that entry is forbidden. The sign required under this subsection must be not less than two feet by three feet in size with block letters at least two inches in height. This subsection expires September 1, 1998.