Texas Penal Code
§ 51.02 — ILLEGAL ENTRY FROM FOREIGN NATION
PE § 51.02Title 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS · Ch. 51. ILLEGAL ENTRY INTO THIS STATE
Statute text
View on source(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.
(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. Section 1158;
…
Legislative history
Added by Acts 2023, 88th Leg., 4th C.S., Ch. 2 (S.B. 4), Sec. 2, eff. March 5, 2024.