Tex. Codes » Penal Code · TITLE 7. OFFENSES AGAINST PROPERTY · CHAPTER 28. ARSON, CRIMINAL MISCHIEF, AND OTHER PROPERTY DAMAGE OR DESTRUCTION
Texas Codes

Tex. Penal Code § 28.05 (2026)

Actor's Interest In Property

✓ laws through the 89th Legislature (2025)
Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 28.05. ACTOR'S INTEREST IN PROPERTY. It is no defense to prosecution under this chapter that the actor has an interest in the property damaged or destroyed if another person also has an interest that the actor is not entitled to infringe.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Notes of Decisions
Cited in 8 cases, 1985–2014 · leading case: Athey v. State, 697 S.W.2d 818 (Tex. App.—Dallas 1985).
Sort: Relevance Newest Treatment
Athey v. State, 697 S.W.2d 818 (Tex. App.—Dallas 1985). “TEX.PENAL CODE ANN. § 28.05 (Vernon 1974).”
Vanderburg v. State, 843 S.W.2d 286 (Tex. App.—Houston [1st Dist.] 1992). “Tex.Penal Code Ann. § 28.05 (Vernon 1989) (defendant’s interest in property destroyed is no defense if another person also has an interest that the actor is not entitled to infringe).”
Krupa v. State, 750 S.W.2d 258 (Tex. App.—Dallas 1988). “TEX. PENAL CODE ANN. § 28.05 (Vernon 1974).”
Robert Gordon Barstow v. State, No. 03-10-00142-CR (Tex. App.—Austin Apr. 27, 2011). “See Tex. Penal Code Ann. § 28.05 (West 2003) ("It is no defense to prosecution under this chapter that the actor has an interest in the property damaged or destroyed if another person also has an interest that the actor is not entitled to infringe.”
Robert Gordon Barstow v. State, No. 03-10-00142-CR (Tex. App.—Austin Apr. 27, 2011). “See Tex. Penal Code Ann. § 28.05 (West 2003) (“It is no defense to prosecution under this chapter that the actor has an interest in the property damaged or destroyed if another person also has an interest that the actor is not entitled to infringe.”
Maria Rosario v. State, No. 07-13-00098-CR (Tex. App.—Amarillo Mar. 6, 2014). “” TEX. PENAL CODE ANN. § 28.05 (West 2012).”
Ken Jannereth v. State, No. 02-10-00042-CR (Tex. App.—Fort Worth Aug. 4, 2011). “” See Tex. Penal Code Ann. § 28.05 (West 2011).”
William \Wild Bill\" Collins v. State", No. 03-90-00196-CR (Tex. App.—Austin Jan. 23, 1991). “Tex. Pen. Code Ann. § 28.05 (1989). Appellant contends that the evidence was insufficient to prove the element of pecuniary loss because there was no evidence that the property was destroyed, rather than merely damaged.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.