(a) A person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.
(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.
Terms Used In Texas Penal Code 30.04
- Act: means a bodily movement, whether voluntary or involuntary, and includes speech. See Texas Estates Code 505.051
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Estates Code 505.051
- Consent: means assent in fact, whether express or apparent. See Texas Estates Code 505.051
- Controlled substance: has the meaning assigned by Section Texas Estates Code 505.051
- Effective consent: includes consent by a person legally authorized to act for the owner. See Texas Estates Code 505.051
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Estates Code 505.051
- Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Estates Code 505.051
- Owner: means a person who:
(A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or
(B) is a holder in due course of a negotiable instrument. See Texas Estates Code 505.051
(c) For purposes of this section, a container or trailer carried on a rail car is a part of the rail car.
(d) An offense under this section is a Class A misdemeanor, except that:
(1) the offense is a Class A misdemeanor with a minimum term of confinement of six months if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section;
(2) the offense is a state jail felony if:
(A) it is shown on the trial of the offense that the defendant has been previously convicted two or more times of an offense under this section; or
(B) the vehicle or part of the vehicle broken into or entered is a rail car; and
(3) the offense is a felony of the third degree if:
(A) the vehicle broken into or entered is owned or operated by a wholesale distributor of prescription drugs; and
(B) the actor breaks into or enters that vehicle with the intent to commit theft of a controlled substance.
(d-1) For the purposes of Subsection (d), a defendant has been previously convicted under this section if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision.
(e) It is a defense to prosecution under this section that the actor entered a rail car or any part of a rail car and was at that time an employee or a representative of employees exercising a right under the Railway Labor Act (45 U.S.C. Section 151 et seq.).