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Burglary of a Habitation Without Theft in Texas
Can Texas charge burglary when nothing was stolen? Learn why assault, other felonies and intent at entry can matter under section 30.02.
In short: Yes. Texas burglary is not limited to stealing. Section 30.02 includes specified intent to commit a felony, theft or assault, and a route involving committing or attempting such conduct after entry. The absence of missing property does not automatically defeat a habitation-burglary charge.
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Must the intended offense actually be completed?
Not under every route. The entry-with-intent provision and the entry-plus-commission-or-attempt provision differ. Counsel should identify which route is alleged before treating an unfinished offense as decisive.
Does an argument inside a home prove burglary?
No. Entry or concealment, effective consent and the required intent or conduct must be analyzed. A later disagreement does not by itself establish every burglary element.
What evidence should counsel compare?
Review entry timing, communications about permission, recordings and the alleged underlying offense. Separate evidence of entry from evidence of criminal purpose. A complete chronology can reveal whether the prosecution’s selected statutory route fits the actual sequence.
A practical example and questions for counsel
Hypothetical example: Suppose no property is missing, but the indictment alleges entry with intent to commit an assault. A defense centered only on proving that nothing was stolen would not address that theory. Counsel should examine permission to enter, the timing of the alleged intent and the assault allegation itself. If the State instead uses the entry-and-commission route, the sequence must be analyzed under that provision. Keep the different statutory routes separate; a fact that matters greatly under one route may not have the same effect under another.
How this fits Texas law
Burglary of a habitation under section 30.02 involves entry or remaining concealed without effective consent and the specified criminal intent or conduct. A habitation is defined by adaptation for overnight accommodation, with additional included areas. It is generally second degree; subsection (d) provides a first-degree route involving a felony other than felony theft.
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Last updated October 2026
Common questions
Must the intended offense actually be completed?
Not under every route.
Does an argument inside a home prove burglary?
No.
What evidence should counsel compare?
Review entry timing, communications about permission, recordings and the alleged underlying offense.
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This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.