Texas Penal Code 51.02 – Illegal Entry From Foreign Nation
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(a) A person who is an alien commits an offense if the person enters or attempts to enter this state directly from a foreign nation at any location other than a lawful port of entry.
(b) An offense under this section is a Class B misdemeanor, except that the offense is a state jail felony if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section.
Terms Used In Texas Penal Code 51.02
- Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
- Government: means :
(A) the state;
(B) a county, municipality, or political subdivision of the state; or
(C) any branch or agency of the state, a county, municipality, or political subdivision. See Texas Penal Code 1.07 - Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
- Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
(c) It is an affirmative defense to prosecution under this section that:
(1) the federal government has granted the defendant:
(A) lawful presence in the United States; or
(B) asylum under 8 U.S.C. § 1158;
(2) the defendant’s conduct does not constitute a violation of 8 U.S.C. § 1325(a); or
(3) the defendant was approved for benefits under the federal Deferred Action for Childhood Arrivals program between June 15, 2012, and July 16, 2021.
(d) The following federal programs do not provide an affirmative defense for purposes of Subsection (c)(1):
(1) the Deferred Action for Parents of Americans and Lawful Permanent Residents program; and
(2) any program not enacted by the United States Congress that is a successor to or materially similar to the program described by Subsection (c)(3) or Subdivision (1).