Sept. 1, 1991; Acts 1991, 72nd Leg., ch. (5) during the commission of the offense, the actor intentionally, knowingly, or recklessly: (A) caused a fire exit alarm to sound or otherwise become activated; (B) deactivated or otherwise prevented a fire exit alarm or retail theft detector from sounding; or. September 1, 2009. (4) "Automated teller machine" means an unstaffed electronic information processing device that, at the request of a user, performs a financial transaction through the direct transmission of electronic impulses to a financial institution or through the recording of electronic impulses or other indicia of a transaction for delayed transmission to a financial institution. 9, eff. (C)used a shielding or deactivation instrument to prevent or attempt to prevent detection Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1466), Sec. (g) It is a defense to prosecution under this section that: (1) the defendant secured the performance of the service by giving a post-dated check or similar sight order to the person performing the service; and. 1.06. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. (d-4) A presumption established under Subsection (b) involving a defendant's failure to return property held under an agreement described by Subsections (d-2)(1)-(3) may be refuted if the defendant shows that the defendant: (1) intended to return the property; and. Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. COMPUTATION OF AGE Sec. (f) It is not a defense to prosecution under this section that: (1) the offense occurred as a result of a deception or strategy on the part of a law enforcement agency, including the use of: (A) an undercover operative or peace officer; or, (2) the actor was provided by a law enforcement agency with a facility in which to commit the offense or with an opportunity to engage in conduct constituting the offense; or. What is THEFT? September 1, 2017. EFFECT OF CODE Sec. (b) For purposes of Subsection (a)(2) or (f)(3), notice may be actual notice or notice in writing that: (A) first class mail, evidenced by an affidavit of service; or. (c) This section does not prohibit the manufacture, distribution, sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law. Sept. 1, 2001. Theft is a Class A misdemeanor if the goods stolen . a motor vehicle subject to Chapter 501, Transportation Code) that the property has to deprive the owner of property. 1.07. (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. 1282), Sec. 1, eff. 455, Sec. Sept. 1, 2003. Packers and Stockyards Act (7 U.S.C. (B) to acquire or otherwise exercise control over property other than real property. This misdemeanor charge is the lowest misdemeanor classification level. 2, eff. Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. 139 (S.B. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. 1, eff. Theft in Texas is defined as an individual unlawfully taking property with the intent of depriving the owner of the property permanently. Acts 2015, 84th Leg., R.S., Ch. (b) An offense under this section is a state jail felony. A class B misdemeanor is punishable by a maximum 180-day county jail term, $2,000 fine, or both (Texas Penal Code Ann. $25 or more (or consideration of equivalent value) and the actor knowingly or recklessly: (A)fails to record the name, address, and physical description or identification Jan. 1, 1974. Acts 2011, 82nd Leg., R.S., Ch. was of a type that would encourage a person predisposed to commit the offense to actually Section 228b), that obtains livestock from a commission merchant by representing that the actor (c) Except as provided by Subsections (d) and (e), an offense under this section is: (1) a Class A misdemeanor if the mail is appropriated from fewer than 10 addressees; (2) a state jail felony if the mail is appropriated from at least 10 but fewer than 30 addressees; or. if reasonably available, or other identifying characteristics; or. 31.01. September 1, 2011. Under the Texas Penal Code Section 32.51, this offense can be either a state jail felony or a felony of the first, second or third degree. (3) "Nonprofit organization" means an organization that is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, by being described as an exempt organization by Section 501(c)(3) of that code. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. Amended by Acts 1977, 65th Leg., p. 1138, ch. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 260 (H.B. 9, eff. 10, eff. 1, eff. 1, eff. 900, Sec. 1, eff. 245, Sec. (d)It is not a defense to prosecution under this section that: (1)the offense occurred as a result of a deception or strategy on the part of a law PENAL CODE TITLE 7. (A) to withhold property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the property is lost to the owner; (B) to restore property only upon payment of reward or other compensation; or. Added by Acts 2021, Texas Acts of the 87th Leg. 1.01, eff. Acts 2017, 85th Leg., R.S., Ch. 113, Sec. The Texas Penal Study Guide and Workbook : An Officer's guide to understanding and working with the Texas Penal Code represents the primary source of penal offenses utilized by peace officers to report prohibited conduct as violations of law. received the motor vehicle, the registration license receipt and certificate of title at 32.53 (b). In this chapter: (A) creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true; (B) failing to correct a false impression of law or fact that is likely to affect the judgment of another in the transaction, that the actor previously created or confirmed by words or conduct, and that the actor does not now believe to be true; (C) preventing another from acquiring information likely to affect his judgment in the transaction; (D) selling or otherwise transferring or encumbering property without disclosing a lien, security interest, adverse claim, or other legal impediment to the enjoyment of the property, whether the lien, security interest, claim, or impediment is or is not valid, or is or is not a matter of official record; or. (b) A person commits an offense if, without the owner's effective consent, he knowingly: (2) makes a copy of an article representing a trade secret; or. (b) Appropriation of property is unlawful if: (1) it is without the owner's effective consent; (2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or 900, Sec. 1, eff. Theft of a vehicle worth less than $2,500 is a misdemeanor and any theft above that amount constitutes a felony. (a) A person commits an offense if the person: (1) knowingly or intentionally removes, alters, or obliterates the serial number or other permanent identification marking on tangible personal property; or. 1, eff. 13, eff. 2482), Sec. (2) A peace officer may have their certification suspended or revoked if the person has been terminated for cause from employment as a . Sept. 1, 2003; Acts 2003, 78th Leg., ch. enforcement agency; (6)an actor engaged in the business of obtaining abandoned or wrecked motor vehicles (2) the person performing the service or any other person presented the check or sight order for payment before the date on the check or sight order. Acts 2013, 83rd Leg., R.S., Ch. (d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. (9)an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. 31.05. WebRead Section 32. September 1, 2011. - Regular Session . Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, ch. (2) making or causing a connection to be made with, or drilling or tapping or causing a hole to be drilled or tapped in, a pipe, pipeline, or tank used to store or transport a petroleum product. or other official number capable of identifying an individual; (5)stolen property does not lose its character as stolen when recovered by any law 14, Sec. Id. 3J.01, eff. from sounding; or. Fraudulent Use or Possession of Identifying Information Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (b) A person commits an offense if the person unlawfully appropriates a petroleum product with intent to deprive the owner of the petroleum product by: (1) possessing, removing, delivering, receiving, purchasing, selling, moving, concealing, or transporting the petroleum product; or. Texas Penal Code - PENAL 32.51. (d) An offense described for purposes of punishment by Subsections (c)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that: (1) the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b); or. Sept. 1, 1985; Acts 1987, 70th Leg., ch. (D) the supply of a motor vehicle or other property for use. (C) a controlled substance, having a value of less than $150,000, if stolen from: (i) a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; or. is an automated teller machine or the contents or components of an automated teller The statute defines theft as unlawfully appropriating property with the intent to deprive the owner of the property. 31.12. Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. September 1, 2013. 1.05. Consent is not effective if: (B) given by a person the actor knows is not legally authorized to act for the owner; (C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable property dispositions; (D) given solely to detect the commission of an offense; or. 10, eff. Acts 2015, 84th Leg., R.S., Ch. You don't have to keep the property for it to be considered theft, but only long enough to deprive the owner of its value. 30.237, eff. A person is reckless when he is aware of but consciously disregards a substantial and unjustifiable risk that the result will occur. (i)For purposes of Subsection (c)(9), livestock and commission merchant have the meanings assigned by Section 147.001, Agriculture Code. actor's custody, possession, or control by virtue of the contractual relationship; Acts 2011, 82nd Leg., R.S., Ch. (4)Automated teller machine means an unstaffed electronic information processing device that, at the request Acts 2013, 83rd Leg., R.S., Ch. U.S. v.Vargas . 1251 (H.B. Acts 2015, 84th Leg., R.S., Ch. 120 (S.B. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. (ii)a vehicle owned or operated by a wholesale distributor of prescription drugs; (A)the value of the property stolen is $150,000 or more but less than $300,000; or, (B)the value of the property stolen is less than $300,000 and the property stolen 31.20 Mail Theft (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). 1, eff. 1, eff. In this chapter: (1)AA"Deception" means: (A)AAcreating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true; (d) An offense under this section is a Class A misdemeanor. property, or lending money on the security of personal property deposited with the been previously stolen from another if the actor: (A)fails to record the name, address, and physical description of the seller or pledgor; (B)fails to record a complete description of the amount and type of pesticide or (e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. Amended by Acts 1983, 68th Leg., p. 2920, ch. (2) "Copy" means a facsimile, replica, photograph, or other reproduction of an article or a note, drawing, or sketch made of or from an article. (3) communicates or transmits a trade secret. 141 (S.B. (1)Restricted-use pesticide means a pesticide classified as a restricted-use pesticide by the administrator (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. September 1, 2009. 1163), Sec. Example: Joe owns a pawn shop. Aug. 28, 1995; Acts 1999, 76th Leg., ch. September 1, 2009. THEFT OF SERVICE. Acts 1973, 63rd Leg., p. 883, ch. 324 (S.B. control by virtue of the contractual relationship; (3)the owner of the property appropriated was at the time of the offense: (4)the actor was a Medicare provider in a contractual relationship with the federal 4, 5, eff. 323, Sec. Class C misdemeanor. 1153, Sec. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. of showing knowledge or intent and the issues of knowledge or intent are raised by 31.09. 1, eff. A person who steals a vehicle worth between $2,500 and $30,000 commits a state jail felony, punishable by a fine of up to $10,000 and between 180 days and two years in jail. (a) A person commits an offense if, without the authorization of the multichannel video or information services provider, the person intentionally or knowingly: (1) makes or maintains a connection, whether physically, electrically, electronically, or inductively, to: (A) a cable, wire, or other component of or media attached to a multichannel video or information services system; or. (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. 858, Sec. 741, Sec. | https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/. 298, Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. The term includes an automated banking machine. Appropriate charges based on property value according to Texas Penal Code 31 include: Class C misdemeanor for theft of property up to $100 in value: $500 fine. (7) a felony of the first degree if the value of the property stolen is $300,000 or more. Added by Acts 2019, 86th Leg., R.S., Ch. 165, Sec. Sec. 1245, Sec. 741, Sec. (a) A person commits an offense if he intentionally or knowingly operates another's boat, airplane, or motor-propelled vehicle without the effective consent of the owner. THEFT OF TRADE SECRETS. 11, eff. Acts 2009, 81st Leg., R.S., Ch. 548), Sec. is: (5)a felony of the third degree if the value of the property stolen is $30,000 or THEFT Sec.A31.01.AADEFINITIONS. 338 (H.B. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Sept. 1, 1995. offense to actually commit the offense. Acts 1973, 63rd Leg., p. 883, ch. the actor's plea of not guilty; (2)the testimony of an accomplice shall be corroborated by proof that tends to connect 399, Sec. 1, eff. (3) a felony of the third degree if the mail is appropriated from 30 or more addressees. (e) An offense described for purposes of punishment by Subsections (c)(1)-(3) is increased to the next higher category of offense if it is shown on the trial of the offense that the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b). will make prompt payment is presumed to have induced the commission merchant's consent 284(80), eff. TAMPERING WITH IDENTIFICATION NUMBERS. Theft on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. actor, is presumed to know upon receipt by the actor of stolen property (other than (a) In this section: (1) "Cargo" means goods, as defined by Section 7.102, Business & Commerce Code, that constitute, wholly or partly, a commercial shipment of freight moving in commerce. Sec. (C)fails on receipt of a motor vehicle to immediately remove an unexpired license September 1, 2007. Tex. Amended by Acts 1993, 73rd Leg., ch. MAIL THEFT. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 31.14. September 1, 2015. 5, eff. 1, eff. 432, Sec. 2, eff. 1, eff. Sec. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (1) "Restricted-use pesticide" means a pesticide classified as a restricted-use pesticide by the administrator of the Environmental Protection Agency under 7 U.S.C. Absent these criteria, the offense is charged as a misdemeanor. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. In Texas, prosecutors typically charge auto theft under Penal Code Section 31.07, Unauthorized Use of a Motor Vehicle, which is a State Jail Felony. Start: Jan 22, 2023 Get Offer Offer 1.08. Amended by Acts 1983, 68th Leg., p. 4525, ch. (d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law. Amended by Acts 1975, 64th Leg., p. 914, ch. 3, eff. a pharmacy, clinic, hospital, nursing facility, or warehouse; or. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the Acts 2015, 84th Leg., R.S., Ch. receipt, or transfer document as required by Chapter 683, Transportation Code, or 21, eff. Sec. Contact Our Texas Theft Defense Attorneys! (7)a felony of the first degree if the value of the property stolen is $300,000 or (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. (C) a document, including money, that represents or embodies anything of value. (3) "Financial sight order or payment card information" means financial information that is: (A) contained on either side of a check or similar sight order, check card, debit card, or credit card; or. (B)fails to file with the county tax assessor-collector of the county in which the 497, Sec. (a) A person commits an offense if, with intent that an offense listed by Article 42A.054 (a), Code of Criminal Procedure, be committed, the person requests, commands, or attempts to induce a minor to engage in specific conduct that, under the circumstances surrounding the actor's conduct as the actor believes them to be, would constitute an (A) to bring about a transfer or purported transfer of title to or other nonpossessory interest in property, whether to the actor or another; or. (B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. 2, 3, eff. 1, eff. delivered; or. (2) the greatest amount of economic loss that the owner might reasonably suffer by virtue of loss of the document, if the document is other than evidence of a debt. In Texas, theft can be charged as a misdemeanor or a felony depending on the value of the property stolen. the delivery, the license plate number of the motor vehicle in which the part was Acts 2009, 81st Leg., R.S., Ch. 20, eff. (1) a Class C misdemeanor if the total value of the merchandise involved in the activity is less than $100; (2) a Class B misdemeanor if the total value of the merchandise involved in the activity is $100 or more but less than $750; (3) a Class A misdemeanor if the total value of the merchandise involved in the activity is $750 or more but less than $2,500; (4) a state jail felony if the total value of the merchandise involved in the activity is $2,500 or more but less than $30,000; (5) a felony of the third degree if the total value of the merchandise involved in the activity is $30,000 or more but less than $150,000; (6) a felony of the second degree if the total value of the merchandise involved in the activity is $150,000 or more but less than $300,000; or. that: (1)the actor was a public servant at the time of the offense and the property appropriated Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, ch. (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. 843, Sec. (1) a state jail felony if the total value of the cargo involved in the activity is $1,500 or more but less than $10,000; (2) a felony of the third degree if the total value of the cargo involved in the activity is $10,000 or more but less than $100,000; (3) a felony of the second degree if the total value of the cargo involved in the activity is $100,000 or more but less than $200,000; or. Read the full Texas Code for more information. September 1, 2011. (c) An offense under this section is a felony of the third degree. 520, Transportation Code, 1 at the time the motor vehicle was delivered; (8)an actor who purchases or receives from any source other than a licensed retailer (d-1) For purposes of Subsection (a)(2), the diversion of services to the benefit of a person who is not entitled to those services includes the disposition of personal property by an actor having control of the property under an agreement described by Subsections (d-2)(1)-(3), if the actor disposes of the property in violation of the terms of the agreement and to the benefit of any person who is not entitled to the property. Felony Theft in Texas In Texas, theft becomes a felony when a specific object was taken, the property was valued at $2,500 or more, or the alleged offender has prior theft convictions. (C) the property stolen is a driver's license, commercial driver's license, or personal identification certificate issued by this state or another state; (3) a Class A misdemeanor if the value of the property stolen is $750 or more but less than $2,500; (A) the value of the property stolen is $2,500 or more but less than $30,000, or the property is less than 10 head of sheep, swine, or goats or any part thereof under the value of $30,000; (B) regardless of value, the property is stolen from the person of another or from a human corpse or grave, including property that is a military grave marker; (C) the property stolen is a firearm, as defined by Section 46.01; (D) the value of the property stolen is less than $2,500 and the defendant has been previously convicted two or more times of any grade of theft; (E) the property stolen is an official ballot or official carrier envelope for an election; or. (1) a Class C misdemeanor if the value of the service stolen is less than $100; (2) a Class B misdemeanor if the value of the service stolen is $100 or more but less than $750; (3) a Class A misdemeanor if the value of the service stolen is $750 or more but less than $2,500; (4) a state jail felony if the value of the service stolen is $2,500 or more but less than $30,000; (5) a felony of the third degree if the value of the service stolen is $30,000 or more but less than $150,000; (6) a felony of the second degree if the value of the service stolen is $150,000 or more but less than $300,000; or. the actor to the crime, but the actor's knowledge or intent may be established by 1396), Sec. 565, Sec. Current as of April 14, 2021 | Updated by FindLaw Staff. 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