Sec. 28.01. DEFINITIONS. In this chapter:
(1) "Habitation" means a structure or vehicle that is adapted for the overnight accommodation of persons and includes:
(A) each separately secured or occupied portion of the structure or vehicle; and
(B) each structure appurtenant to or connected with the structure or vehicle.
(2) "Building" means any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.
(3) "Property" means:
(A) real property;
(B) tangible or intangible personal property, including anything severed from land; or
(C) a document, including money, that represents or embodies anything of value.
(4) "Vehicle" includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation.
(5) "Open-space land" means real property that is undeveloped for the purpose of human habitation.
(6) "Controlled burning" means the burning of unwanted vegetation with the consent of the owner of the property on which the vegetation is located and in such a manner that the fire is controlled and limited to a designated area.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1216, ch. 588, Sec. 1, eff. Sept. 1, 1979; Acts 1989, 71st Leg., ch. 31, Sec. 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Notes of Decisions
Cited in
10
cases, 1993–2016 · leading case:
State v. Bartee, 894 S.W.2d 34 (Tex. App.—San Antonio 1995).
State v. Bartee, 894 S.W.2d 34 (Tex. App.—San Antonio 1995).
· cites it 2× “Laws 883, 923 (TEX.PENAL CODE ANN. § 28.01(3), since amended, TEX.”
United States v. Bruce Derek Spring, 80 F.3d 1450 (10th Cir. 1996).
“” Texas Penal Code § 28.01. We conclude that the statutory elements of burglary of a habitation under Texas law substantially correspond to the generic elements of burglary contained in Taylor .”
Bailey v. Morales, 190 F.3d 320 (5th Cir. 1999).
“(amending Tex. Penal Code Ann. § 28.01 (12)). 3 .A person commits an offense if, with intent to obtain an economic benefit the person .”
Robert Wayne Fry v. State, No. 06-15-00200-CR (Tex. App.—Texarkana June 24, 2016).
“” TEX. PENAL CODE ANN. § 28.01(1) (West 2011).”
Estanislado Ovalle Jr. v. State, No. 03-08-00334-CR, 2009 WL 1708826 (Tex. App.—Austin June 19, 2009).
“2008)) (within Title 9, Offenses Against Public Order and Decency), with Tex. Penal Code Ann. §§ 28.01 -35A.02 (West 2003 & Supp.”
Derrick Wayne McDonald v. State, No. 03-09-00242-CR (Tex. App.—Austin June 19, 2009).
“2008)) (within Title 9, Offenses Against Public Order and Decency), with Tex. Penal Code Ann. §§ 28.01 -35A.02 (West 2003 & Supp.”
James Clayburn Kiser v. State, No. 12-14-00093-CR (Tex. App.—Tyler Sept. 2, 2015).
“See TEX. PENAL CODE ANN. § 28.01. Thus, evidence that Appellant was not masturbating or sexually aroused when he exposed himself does not refute or negate the circumstantial evidence that proved the gratification element for indecent exposure.”
Juan Gamez v. State, No. 04-97-01058-CR (Tex. App.—San Antonio Oct. 28, 1998).
“" Tex. Pen. Code Ann. § 28.01 (1) (Vernon 1994).”
Tex. Penal Code § 28.01(1): 1 case
Robert Wayne Fry v. State, No. 06-15-00200-CR (Tex. App.—Texarkana June 24, 2016).
“” TEX. PENAL CODE ANN. § 28.01(1) (West 2011).”
Tex. Penal Code § 28.01(3): 1 case
State v. Bartee, 894 S.W.2d 34 (Tex. App.—San Antonio 1995).
“Laws 883, 923 (TEX.PENAL CODE ANN. § 28.01(3), since amended, TEX.”
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