This definition does not require the use of force in the everyday sense of the words, such as breaking down a door or jimmying a window.Property Code § 24.001. FORCIBLE ENTRY AND DETAINER. (a) A person commits a forcible entry and detainer if the person enters the real property of another without legal authority or by force and refuses to surrender possession on demand.
(b) For the purposes of this chapter, a forcible entry is:
(1) an entry without the consent of the person in actual possession of the property;
This chapter is concerned with tenants who have overstayed their leases or squatters, but probably the definition is relevant.
Probably there is case law in this area that I do not have access to.
What this means in light of the Castle Doctrine is anyone's guess, since the Castle Doctrine has not yet been used as a defense to prosecution (no surprise).
Here is the Texas definition of burglary:
This definition also does not require breaking in, in the normal sense of the words (some states do).PC 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.
Stopping burglary has been a justification for the use of deadly force as long as Texas has been called Texas.
- Jim