Questions: Per penal code 30.05 it is a defense to prosecution that for the offense of trespass by the license holder on a leased property if: The license holder is a tenant The licensed holder is the owner The license holder is a guest of the tenant The licensed holder is a guest of the owner

Per penal code 30.05 it is a defense to prosecution that for the offense of trespass by the license holder on a leased property if:
The license holder is a tenant
The licensed holder is the owner
The license holder is a guest of the tenant
The licensed holder is a guest of the owner
Transcript text: Per penal code 30.05 it is a defense to prosecution that for the offense of trespass by the license holder on a leased property if: The license holder is a tenant The licensed holder is the owner The license holder is a guest of the tenant The licensed holder is a guest of the owner
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Solution

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The answer is A: the license holder is a tenant.

Explanation for each option:

A. The license holder is a tenant - This option is correct. Under penal code 30.05, if the license holder is a tenant, they have a legal right to be on the leased property, and therefore, it is a defense to prosecution for trespass.

B. The licensed holder is the owner - This option is incorrect in the context of a leased property. If the property is leased, the owner has transferred certain rights to the tenant, and the owner would not typically be considered a trespasser. However, the question specifically addresses the context of a license holder on a leased property, where the tenant's rights are more relevant.

C. The license holder is a guest of the tenant - This option is incorrect. While a guest of the tenant may have permission to be on the property, the defense to prosecution specifically applies to the tenant themselves, not their guests.

D. The licensed holder is a guest of the owner - This option is incorrect. Similar to option C, a guest of the owner may have permission to be on the property, but the defense to prosecution under penal code 30.05 is specifically for the tenant, not guests of the owner.

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