Burglary of a Habitation is a Texas Penal Code offense found in Chapter 30. Section 30.02 outlines the elements of the offense. The following are the fundamental elements of a Habitation Burglary:

• entering another’s house or apartment
• intending to commit theft, assault, or some other felony.

A typical Burglary of a Habitation occurs when a person enters another person’s home with the intent to steal. A theft does not have to take place. The person only needs to enter the house with the intent to steal. While a theft is not required, the absence of intent to commit theft reduces the offense to the lesser misdemeanor offense of Criminal Trespass of a Habitation.

While most burglaries involve theft, other offenses that occur after entering the home may also be considered burglaries. A confrontation that spills over from the outside into a person’s home may escalate from a simple Assault case to a more serious felony Burglary with Intent to Commit Assault. While the level of the offense remains the same, the severity of the punishment is typically increased.

It is also illegal to remain hidden in someone’s home with the intent of committing an assault, theft, or other felony offense. A person who is otherwise invited into another’s home but remains concealed within the home unknown to the homeowner commits an offense if the person intends to steal or commit another criminal act against the homeowner.