Statutes | Kickapoo Traditional Tribe of Texas Tribal Penal Code Chapter 18 § 1, §18-112 | 2020

(a)             It shall be unlawful to enter onto, or remain upon the property of another if notice against entry or notice to leave the property has been given by:

 

(1)             Personal communication by the owner or someone having authority to act for the owner or

 

(2)             Fencing, other than barbed wire or similar field fences except hereafter provided, or other enclosure obviously designed to exclude intruders or

 

(3)             Posting of signs prohibiting entry reasonably designed to come to the attention of intruders.

 

(b)             Criminal Trespass shall be punishable by a fine not exceeding Five Hundred Dollars ($500.00), and/or by imprisonment for a term not exceeding one (1) year.

 

(c)             It is a complete affirmative defense to the offense of criminal trespass that:

 

(1)             The property was open to the public upon entry and upon being ordered to leave the person did so without undue delay, or

 

(2)             Even though not to open to the public, the person did not substantially interfere with the use of the property or damage any of the property, and upon being ordered to leave the person did so without undue delay.

 

(d)             On rural lands fenced with barbed wire or other types of fencing normally meant to enclose or exclude domestic animals, signs prohibiting entry or use at least six inches by eight inches placed upon or in plain sight next to such fence not more than one hundred fifty feet apart shall create a rebuttable presumption that reasonable notice against entry or entry for certain purposes had been given.