In Criminal Trespass 30.05, which element is required for the offense to apply?

• A. The person must have notice that entry was forbidden or received notice to depart and failed to depart
• B. The person must have written permission from the owner
• C. The person must damage property
• D. The person must be trespassing at night only

Answer: (A)

Criminal trespass hinges on being on someone else’s property without consent and after you’ve been told to stay away or to depart. The essential element here is that you had notice that entry was forbidden or you received notice to depart and you failed to depart. That combination—knowing entry is forbidden or being asked to leave and then staying—is what makes the act criminal.

Written permission would give you permission to be there, so it defeats the “without effective consent” part. Damaging property or doing so at night are not required elements of this offense; you can trespass during the day or night, and you don’t need to cause damage.