Texas Penal Code 51.03 – Illegal Reentry by Certain Aliens
(a) A person who is an alien commits an offense if the person enters, attempts to enter, or is at any time found in this state after the person:
(1) has been denied admission to or excluded, deported, or removed from the United States; or
(2) has departed from the United States while an order of exclusion, deportation, or removal is outstanding.
(b) An offense under this section is a Class A misdemeanor, except that the offense is:
(1) a felony of the third degree if:
(A) the defendant‘s removal was subsequent to a conviction for commission of two or more misdemeanors involving drugs, crimes against a person, or both;
(B) the defendant was excluded pursuant to 8 U.S.C. § 1225(c) because the defendant was excludable under 8 U.S.C. § 1182(a)(3)(B);
(C) the defendant was removed pursuant to the provisions of 8 U.S.C. Chapter 12, Subchapter V; or
(D) the defendant was removed pursuant to 8 U.S.C. § 1231(a)(4)(B); or
(2) a felony of the second degree if the defendant was removed subsequent to a conviction for the commission of a felony.
Terms Used In Texas Penal Code 51.03
- Conviction: A judgement of guilt against a criminal defendant.
- 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
- Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. 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
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
(c) For purposes of this section, “removal” includes an order issued under Article 5B.002, Code of Criminal Procedure, or any other agreement in which an alien stipulates to removal pursuant to a criminal proceeding under either federal or state law.