Bill,

I am no sure what you have been told, but trespassing is trespassing. The general rule is that officer be able to prove that the trespasser knowingly entered the property without permission (ie. posted signs, purple paint or had been warned in the past). There is no difference between criminal trespassing and trespassing. Now the Texas Penal Code does provide for different types of Trespassing and I assume this is what the person you were speaking with was referring to. This includes, Trespassing with a firearm and Trespassing in someones residence (there without the intent to steal). These offense carry a class A misdemeanor charge instead of the standard class B.

There are other avenues of prosecution that pond owners could take if the criminal was stealing fish or hunting on your property. This would fall into the Parks and wildlife code. The taking or attempting to take game without the land owners consent. Speak with your local game warden as to application of this law.

Hope this helps to clarify things for you.

Newbee