Unfortunately I am prohibited by prior admonishment from responding to some poster's opinions.....directly.
Some people need to leave the legal advice to those ....
.... who are experienced and knowledgeable on the subject based on education and experience. There are actually some people who get their "advice" from posts on this board ... it appears.
Texas Penal Code
Sec. 30.02. BURGLARY. (a) A person commits an offense if, without the effective consent of the owner, the person:
(1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or
(2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
(3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.
(b) For purposes of this section, "enter" means to intrude:
(1) any part of the body; or
(2) any physical object connected with the body.
Sec. 30.05. CRIMINAL TRESPASS. (a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) "Entry" means the intrusion of the entire body.
(2) "Notice" means:
(A) oral or written communication by the owner or someone with apparent authority to act for the owner;"
I see NO provision that theft of property draws a presumption that the person is illegally in or on the premises.
If that were the case then EVERY shoplifting case would be a BURGLARY!
The provider in SA was invited to the shooter's residence, she did not commit burglary by definition ...
as I have repeatedly said in this thread and another one under Alerts ... the DANGER of this kind of thread is that misinformation and amateur legal opinions are being posted and people will act on them .... for instance ..
.... based on some of the "advice" and "legal opinions" in here ... if a hobbyist puts down the "gift" and then picks it up to leave the incall location, the provider can kill him.
WRONG!
Do you hobbyists want that result? Do you providers"