Delito de Entrada Ilegal en Edificios

Sec. 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 (c-1), (c-2), or (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. (c-1) An offense under this section is a felony of the third degree if: (1) the premises are a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; and (2) the person entered or remained concealed in that building with intent to commit a theft of a controlled substance. (c-2) An offense under this section is a felony of the third degree if: (1) the premises are a building other than a habitation; and (2) it is shown on the trial of the offense that the actor committed the offense in the course of committing an offense under Section 20.05(a)(2). (d)