WHAT IS THE STATUTE FOR FIRST DEGREE BURGLARY IN TEXAS?  -Exactly what
elements must be present to make a burglary "1st degree burglary"?
(The state is important, they all have different laws)

Hello.

Burglary is defined in Section 30.02 of the Texas Penal Code.  The
elements that make burglary "first degree" are specified in Sec.
30.02(d) below.

From the Texas Penal Code:


§ 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.                             
	(c)  Except as provided in Subsection (d), an offense under 
this section is a:
		(1)  state jail felony if committed in a building other 
than a habitation;  or
		(2)  felony of the second degree if committed in a 
habitation.              
	(d)  An offense under this section is a felony of the first 
degree if:       
		(1)  the premises are a habitation;  and                                      
		(2)  any party to the offense entered the habitation 
with intent to commit a felony other than felony theft or committed 
or attempted to commit a felony other than felony theft.

see: Texas Penal Code: CHAPTER 30. BURGLARY AND CRIMINAL TRESPASS
http://www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.007.00.000030.00.htm

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search strategy:
texas "penal code" burglary

Thanks.