What is the punishment for burglary, according to Texas Penal Code 2, when there are no enhancements?

Burglary in Texas, as defined by the Penal Code, typically involves the unlawful entry into a building or habitation with the intent to commit a crime. When there are no enhancements to the crime—meaning no aggravating factors that would increase the severity of the offense—the punishment for burglary is classified as a state jail felony.

This classification stems from the understanding that burglary can significantly threaten the safety and security of individuals and their property, warranting a serious but not the most severe punishment. A state jail felony can lead to a term of confinement in a state jail of 180 days to 2 years, along with other potential punishments, including fines.

The other classifications, such as a 1st or 2nd Degree Felony, are reserved for more severe cases of burglary, often involving enhancements or additional factors that elevate the seriousness of the crime, such as using or threatening to use a weapon or causing injury to someone during the commission of the burglary. A Class A Misdemeanor is not a fit for burglary, as it represents less severe offenses under Texas law.

Thus, the option stating that the punishment is a state jail felony when there are no enhancements aligns correctly with Texas law regarding burglary offenses.