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howdy wrote:
**Snip for ease of reading***

But the sign being conspicuous is

howdy wrote:

jbarn wrote:

Keith B wrote:

jbarn wrote:

MarshalMatt wrote:

Keith B wrote:

MarshalMatt wrote: See, this is where the problem lies...ALL entrances must have the 30.06 sign posted for the institution to be in compliance.

Sorry, that is incorrect. According to the penal code the sign must be 'displayed in a conspicuous manner
clearly visible to the public'. That means if you see the sign, anywhere, then you know the premises is off limits to you totally.

I stand corrected. What I mean't to post was that technically speaking, one who entered through an entrance that was not designated would not have been given proper notice by law. The signs at the other entrances may be "conspicuous" but if you never saw it...Not sure I would want to try it in court but...

The state does not have to prove you saw the sign.

Sure they do. If you legitimately entered a business that you were unaware was posted at other entrances, then they will have to prove you had received proepr notice during your trial. You would also have to prove you hadn't received notice during the trial.

Sorry Keith, I disagree. 30.06 states you received notice if there was a properly posted sign. A jury might have to determine if a sign met the requirements, but if they agree that the sign was posted properly then whether you saw it is irrelevant.

Well, here we go with semantics. I agree more with Keith. I teach that most, if not all , places of business have cameras pointed at their doors. The law says "(iii) is displayed in a conspicuous manner clearly visible to
the public." I think you can argue effectively (might be costly and up to a jury) what the word "conspicuous" means. The video would show you entering an unmarked door and it would be up to the State to prove you knew the place was legally posted. As an example, Mills Mall in Katy has old wording 30.06 signs (so not valid anyway) at all their main entrances. BUT, there are many other ways to enter the Mall without ever going through a main entrance. There are no more signs anywhere in the Mall. How could a jury logically convict if you could prove you entered by an unmarked door and never even went near a sign. I tell people to follow the law and not try to sharpshoot the rules. If they know a business has 30.06 signs up on most doors, either don't carry or go somewhere else.

Keith B wrote:

jbarn wrote:

MarshalMatt wrote:

Keith B wrote:

MarshalMatt wrote: See, this is where the problem lies...ALL entrances must have the 30.06 sign posted for the institution to be in compliance.

Sorry, that is incorrect. According to the penal code the sign must be 'displayed in a conspicuous manner
clearly visible to the public'. That means if you see the sign, anywhere, then you know the premises is off limits to you totally.

I stand corrected. What I mean't to post was that technically speaking, one who entered through an entrance that was not designated would not have been given proper notice by law. The signs at the other entrances may be "conspicuous" but if you never saw it...Not sure I would want to try it in court but...

The state does not have to prove you saw the sign.

Sure they do. If you legitimately entered a business that you were unaware was posted at other entrances, then they will have to prove you had received proepr notice during your trial. You would also have to prove you hadn't received notice during the trial.

MarshalMatt wrote:

Keith B wrote:

MarshalMatt wrote: See, this is where the problem lies...ALL entrances must have the 30.06 sign posted for the institution to be in compliance.

Sorry, that is incorrect. According to the penal code the sign must be 'displayed in a conspicuous manner
clearly visible to the public'. That means if you see the sign, anywhere, then you know the premises is off limits to you totally.

I stand corrected. What I mean't to post was that technically speaking, one who entered through an entrance that was not designated would not have been given proper notice by law. The signs at the other entrances may be "conspicuous" but if you never saw it...Not sure I would want to try it in court but...