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Posted: **Sun Jan 20, 2008 7:43 pm**

What does "effective consent" mean in the trespassing laws?

If access is controlled and the person controlling access to a property (ticket taker, security guard, courtesy officer, Wal-Mart greeter, bouncer, butler, etc.) knowingly allows you in, do you have effective consent?

What if they also know you have a handgun and still they allow you in, do you have effective consent for 30.06?

Posted: **Sun Jan 20, 2008 8:09 pm**

If a person of "authority" gives permission/access, then the wearer is OK.

If it's 30.06 posted, then I would say one would need it in writing.

I'm not a lawyer but my Ex-wife married one.

Posted: **Sun Jan 20, 2008 8:28 pm**

TDDude wrote:I'm not a lawyer but my Ex-wife married one.

Ouch!

Posted: **Sun Jan 20, 2008 8:33 pm**

Texas Penal Code
Â§ 1.07. Definitions.

(19) "Effective consent" includes consent by a person legally authorized to act for the owner. Consent is not effective if:
(A) induced by force, threat, or fraud;
(B) given by a person the actor knows is not legally authorized to act for the owner;
(C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions; or
(D) given solely to detect the commission of an offense.

Posted: **Sun Jan 20, 2008 8:50 pm**

0_down wrote:
TDDude wrote:I'm not a lawyer but my Ex-wife married one.

Ouch!

+1

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