LEO question

[Txjourneyman]

I asked this on a thread that disappeared earlier and never got an answer. Could carrying a knife while trespassing be considered "Armed trespassing"? I'm not trying to stir up any old debates, I am just curious.

[mhbaseball]

Without thinking I would say yes but then again alot of people carry knifes everyday. I will be following this. Great ?

[WCB]

Good question. Maybe a knife legal to carry anytime would be legal but trespass with a blade larger than legal in town "could" be construed as "illegal" while trespassing??? Just guessing as the only LEOs I know arrest me...

[DFWPI]

In 30-years, never heard of that one before. As long as its a legal knife, you should be good to go. Besides, there has to be a sign posted, as to meet certain regulations and the only sign I've ever seen was for handguns.

Now, if you are going into a courthouse or certain buildings of this sort, they will take everything away from you or tell you to put it in the vehicle.

[txdirtfisher]

I've never heard of armed trespassing. I would think if you were trespassing, knowingly, that it wouldn't matter if you had a knife or not. Best practice is to make sure you have permission to be where you are / want to go.

[Olphart]

No such animal. See the link...

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.30.htm#30.05

[Steve_243]

Sec. 30.05. CRIMINAL TRESPASS. (a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.

Class A misdemeanor if:
the person carries a deadly weapon during the commission of the offense.

"Deadly weapon" means:
(A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
(B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

[systemnt]

Think it is covered in the "illegal to carry" category and would be an arrestable/prosecutable offense :
(6) "Illegal knife" means a:
(A) knife with a blade over five and one-half inches;
(B) hand instrument designed to cut or stab another by being thrown;
(C) dagger, including but not limited to a dirk, stilletto, and poniard;
(D) bowie knife;
(E) sword; or
(F) spear.

(7) "Knife" means any bladed hand instrument that is
capable of inflicting serious bodily injury or death by cutting or
stabbing a person with the instrument.

[Steve_243]

Think it is covered in the "illegal to carry" category and would be an arrestable/prosecutable offense :
(6) "Illegal knife" means a:
(A) knife with a blade over five and one-half inches;
(B) hand instrument designed to cut or stab another by being thrown;
(C) dagger, including but not limited to a dirk, stilletto, and poniard;
(D) bowie knife;
(E) sword; or
(F) spear.

(7) "Knife" means any bladed hand instrument that is
capable of inflicting serious bodily injury or death by cutting or
stabbing a person with the instrument.

^^^^^^^^^^^^^^
"Deadly weapon" means:
(A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
(B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

[txsteele]

Two totally seperate charges if the knife is illegal and you are trespassing.....you can't enhance trespassing just cause you have a knife (legal or illegal)

[Steve_243]

Trespassing with a weapon pertains more to when someone is trespassing and hunting on another persons property. The charge can be filed as a higher charge as opposed to someone just trespassing by entering the property when warned not to and they do not have a gun or are engaged in illegal hunting.

No prosecutor would entertain the thought of prosecuting someone for trespassing with a knife a a deadly weapon.

[xman59]

Trespassing with a weapon pertains more to when someone is trespassing and hunting on another persons property. The charge can be filed as a higher charge as opposed to someone just trespassing by entering the property when warned not to and they do not have a gun or are engaged in illegal hunting.

No prosecutor would entertain the thought of prosecuting someone for trespassing with a knife a a deadly weapon.

the illegal hunting has nothing to do, the way the law is written is if it is a firearm,, so possesion in the case of trespassing is possesion, they dont have to be doing anything other than be on the property,, simply walking through is sufficent

[Artos]

whew....they left out machete on that list.

i am gtg!!

[jgirsh]

Well guess I don't have to give my answer

[temple droptine]

whew....they left out machete on that list.

i am gtg!!

Unfortunately, a machete falls under an illegal knife with a blade over 5 1/2" long. Not typically enforced, unless it is not being used for its intended purpose (agriculture)

cb