Can You Go to Jail for Squatting in Texas?

Yes, you can go to jail for squatting in Texas. The baseline charge is criminal trespass, a Class B misdemeanor carrying up to 180 days in county jail, and it rises to a Class A misdemeanor with up to a year in jail when the squatting happens inside a home. If the squatter entered intending to steal or commit another crime, prosecutors can file burglary charges that carry two to 20 years in state prison, and in some cases up to life.

Jail Time for Criminal Trespass

Texas Penal Code Section 30.05 makes it a crime to enter or remain on someone else’s property without effective consent when the person either knew entry was forbidden or was told to leave and refused.¹ The default charge is a Class B misdemeanor. That means up to 180 days in county jail and a fine of up to $2,000, and it covers most straightforward squatting cases where someone moves into a vacant building or sets up on unoccupied land.

The charge climbs to a Class A misdemeanor, carrying up to one year in jail and a fine of up to $4,000, when the trespass happens in a home, a shelter center, a Superfund site, or a critical infrastructure facility, or when the trespasser is carrying a deadly weapon.¹ Squatting inside a house falls squarely in this higher tier.

Jail exposure depends on the owner having given legally recognized notice that entry was forbidden. Texas accepts written or oral communication from the owner, fencing or any enclosure obviously built to keep people out, posted signs at entrances, and purple paint marks of specified dimensions on trees or posts. Any one of these is enough. If the police themselves order the squatter to leave and the person refuses, that satisfies the notice element and the officer can arrest on the spot.¹

When Squatting Becomes a Felony

The jail exposure gets much worse when a squatter enters with intent to commit a crime beyond simply being there. Texas Penal Code Section 30.02 defines that as burglary, and burglary of a home is a second-degree felony carrying two to 20 years in state prison and a fine of up to $10,000.²³ The charge applies whether the squatter planned the crime before entering or decided to commit it once inside.

If a squatter entered a home intending to commit a felony other than felony-level theft, such as sexual assault, kidnapping, or arson, the charge is a first-degree felony. The sentencing range is five to 99 years in prison, or life, plus up to $10,000 in fines.⁴ What separates second-degree from first-degree burglary usually comes down to what the prosecutor can prove about the squatter’s intent.

Damage to the property triggers a separate charge: criminal mischief under Section 28.03. The penalty scales with the dollar amount of the destruction:⁵

Under $100: Class C misdemeanor, fine only.
$100 to $749: Class B misdemeanor, up to 180 days in jail.
$750 to $2,499: Class A misdemeanor, up to one year in jail.
$2,500 to $29,999: state jail felony, 180 days to two years in a state jail facility and up to $10,000 in fines.⁶
$30,000 to $149,999: third-degree felony, two to 10 years in prison.

Ripping out copper wiring, destroying drywall, or swapping the locks can quickly push damage into state jail felony territory. Prosecutors set the charge level based on the estimated cost to repair or replace what was destroyed, and they often stack criminal mischief on top of trespass or burglary charges.

Will Police Actually Arrest a Squatter?

Jail time only follows an arrest, and whether an officer makes one on scene is less predictable than the statutes suggest. When officers respond to a squatting call, their first task is figuring out whether the situation is criminal or civil. If the occupant produces anything that looks like a right to be there, including a suspicious lease, utility bills in their name, or signs that personal belongings have been in the property for a while, officers often classify the matter as civil and decline to arrest.

When the occupant has no plausible claim, the officer can issue a notice to depart. Refusing to leave after that direct order satisfies the notice element of criminal trespass, and the person can be arrested immediately.¹ The dividing line between an on-the-spot arrest and a referral to civil court usually comes down to whether the officer thinks the occupant might have any colorable legal claim. When in doubt, officers tend to treat the dispute as landlord-tenant.

What the 2025 Anti-Squatter Laws Changed

In August 2025, Governor Abbott signed two bills aimed directly at squatters. Senate Bill 1333 empowers sheriffs and constables to act quickly when a property owner submits a sworn complaint that someone has unlawfully taken possession of their property. It also increases criminal penalties for criminal mischief tied to trespassing in a home and creates new penalties for people who enter into real estate transactions involving property they have no legal interest in, which targets the fraudulent-lease tactic squatters use to stall removal.⁷

Senate Bill 38 speeds up the civil side by requiring courts to hold an eviction trial within 21 days of the owner filing the petition and by establishing consistent deadlines for appeals.⁷ The practical effect for someone squatting in Texas today: faster removal, higher penalties for damage, and new criminal exposure for anyone passing off a bogus lease.

The One Narrow Exception: Adverse Possession

Texas does recognize adverse possession, which can eventually turn long-term unauthorized occupancy into legal ownership. The occupant’s possession must be open, continuous, and hostile to the owner’s interests for a specific number of years, and the shortest timeline is three years, which requires the occupant to hold title or color of title.⁸⁹¹⁰¹¹

None of these timelines start running until the occupant’s presence is open enough that the real owner has a fair chance to notice and act. Someone hiding in an abandoned building is not building a claim. Adverse possession cannot be claimed against government-owned land at all.¹² And even when every requirement is met, ownership does not transfer automatically; the occupant has to file suit and get a court judgment. Until then, the owner still holds title and can still pursue criminal charges and civil eviction. Adverse possession almost never rescues a typical squatter from jail exposure.

If You’re the Property Owner, Don’t Try to Remove the Squatter Yourself

Owners who are tired of waiting on police or the courts sometimes change the locks, cut utilities, or physically block entry. In Texas, that can create serious legal liability for the owner. Texas Property Code Section 92.0081 bars a landlord from intentionally preventing a tenant from entering leased premises except through judicial process.¹³

Once a squatter’s presence has been classified as a civil matter, they are treated like a tenant for eviction purposes. An owner who locks them out or removes their belongings without a court order can be sued for one month’s rent plus $1,000 in civil penalties, actual damages, court costs, and reasonable attorney’s fees.¹³ The slower route through justice court, now shortened by SB 38’s 21-day trial requirement, is the only path that doesn’t risk turning the owner into the defendant.

1
State of Texas. Texas Penal Code Section 30.05 – Criminal Trespass
2
State of Texas. Texas Penal Code 30.02 – Burglary
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State of Texas. Texas Penal Code Section 12.33 – Second Degree Felony Punishment
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State of Texas. Texas Penal Code Section 12.32 – First Degree Felony Punishment
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State of Texas. Texas Penal Code Section 28.03 – Criminal Mischief
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State of Texas. Texas Penal Code Section 12.35 – State Jail Felony Punishment
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Office of the Texas Governor. Governor Abbott Signs Laws To Remove Squatters From Private Property in Austin
8
State of Texas. Texas Civil Practice and Remedies Code Section 16.024 – Adverse Possession: Three-Year Limitations Period
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State of Texas. Texas Civil Practice and Remedies Code Section 16.025 – Adverse Possession: Five-Year Limitations Period
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State of Texas. Texas Civil Practice and Remedies Code Section 16.026 – Adverse Possession: 10-Year Limitations Period
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State of Texas. Texas Civil Practice and Remedies Code Section 16.028 – Adverse Possession with Recorded Instrument: 25-Year Limitations Period
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eCFR. Code of Federal Regulations Title 43 Public Lands Interior 43 CFR 2540.0-5
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State of Texas. Texas Property Code Section 92.0081 – Removal of Property and Exclusion of Residential Tenant