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Robbery and burglary

Summary of the topic

Robbery and burglary are both built on top of theft. Robbery under Chapter 29 is a theft, or an attempt at one, in which the actor hurts or frightens someone. Under section 29.02(a) a person commits robbery if, in the course of committing theft and with intent to obtain or maintain control of the property, the person intentionally, knowingly or recklessly causes bodily injury to another, or intentionally or knowingly threatens or places another in fear of imminent bodily injury or death. Robbery is a second degree felony.

Section 29.01 defines in the course of committing theft as conduct in an attempt to commit theft, during its commission, or in immediate flight after the attempt or commission. No property need be obtained, and injury or threats used to get away are within the phrase. Section 29.03 makes a robbery aggravated, a first degree felony, where the actor causes serious bodily injury, uses or exhibits a deadly weapon, or injures or threatens a person who is 65 or older or a disabled person.

Burglary under Chapter 30 is about entry. Section 30.02(a) gives three ways to commit it, each without the effective consent of the owner: entering a habitation, or a building not then open to the public, with intent to commit a felony, theft or an assault; remaining concealed in a building or habitation with that intent; or entering and then committing or attempting a felony, theft or an assault.

The definitions in section 30.01 pick the section and the grade. A habitation is a structure or vehicle adapted for the overnight accommodation of persons, a building is any enclosed structure intended for use or occupation as a habitation or for trade, manufacture, ornament or use, and a vehicle includes a device in, on or by which a person or property is moved. Under section 30.02(b) to enter means to intrude any part of the body, or any physical object connected with the body, so a hand through a window is an entry.

The grade follows the premises. Burglary of a building other than a habitation is a state jail felony, and burglary of a habitation is a second degree felony. It is a first degree felony where the premises are a habitation and a party to the offense entered with intent to commit, or committed or attempted, a felony other than felony theft. Section 30.03 makes breaking into a coin-operated machine a Class A misdemeanor. Section 30.04 makes it an offense to break into a vehicle with intent to commit a felony or theft, a Class A misdemeanor that rises with previous convictions or for certain vehicles.

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