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What is a Criminal Trespass Warning? The owner or someone with apparent authority to act for the owner gives someone either oral or written communication that entry onto the property is forbidden (this can be residential or a business).
Under Texas Penal Code 30.05 (see below), the definition of criminal trespass is more complex than the simple notion of being on someone elses land. One way to commit the offense is to enter upon anothers property even though one has notice that the entry is forbidden.
Put up a no trespassing sign. Tell the person that you are giving police a letter that specifically bans them from your property. Tell them if they come back they will be charged with criminal trespassing.
Texas law protects the rights of property owners. Whether its a private home, a business, or land, you need permission to be on the premises. If you access someone elses property without authorization, you can be arrested and charged with a misdemeanor or felony, depending on the circumstances.
In the State of Texas, certain property owners and/or their representatives can issue what are called Criminal Trespass Notices (CTNs). The police do indeed need to be present when the trespassing warnings are issued.
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