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Member |
How long is a no trespassing warning good for? Our housing authority barred a man from their premises in 2003 and it was served on him. He has been picked up again for trespassing on their property on the 2003 warning. Is that one good for ever or need to be re-issued every two years or what ever. | ||
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Member |
There is no renewal requirement. Assuming the property has not been sold since the date of the trespass wanring, which would allow the defendant to claim that he thougth it was no longer in effect, it should last until the property is sold. (I have a good trespass warning form if you need one.) | |||
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Member |
I'd suggest you have to prove only that the defendant was aware of but consciously disregarded a substantial and unjustifiable risk that he was entering without effective consent. See West v. State, 567 S.W.2d 515(Tex.Crim.App. 1978) (criminal trespass does not prescribe a culpable mental state, so a culpable mental state of intentionally, knowingly or recklessly is used) So Ken hit it on the head when he suggests the defendant must have some reason to think the warning was no longer in effect before he enters. Although it depends on the circumstances, I would think your housing authority made it pretty clear he was never to come back. | |||
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Member |
Ken, I'll take you up on the trespass warning form. Please email it to me at: cjones@co.guadalupe.tx.us Thanks. | |||
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