(d-5) For purposes of Subsection (b)(5), "business day" means a day other than Sunday or a state or federal holiday. September 1, 2011. Penalties for different types of theft in Texas include: Less than $50, or less than $20 by check: A Class C misdemeanor, with a fine of up to $500. (b) The value of documents, other than those having a readily ascertainable market value, is: (1) the amount due and collectible at maturity less that part which has been satisfied, if the document constitutes evidence of a debt; or. What is THEFT? 2, eff. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. 298, Sec. (4) a felony of the first degree if the total value of the cargo involved in the activity is $200,000 or more. September 1, 2019. All rights reserved. listed in the rules adopted under that section (4 TAC Section 7.24) as that section existed on that date. 4, eff. 15.001, eff. (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. or. $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 (2) knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument. (2) is employed as a driver lawfully contracted to transport a specific cargo by vehicle from a known point of origin to a known point of destination and, with the intent to conduct, promote, or facilitate an activity described by Subdivision (1), knowingly or intentionally: (A) fails to deliver the entire cargo to the known point of destination as contracted; or. (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. 304 (H.B. 31.11. 1, eff. THEFT OF TRADE SECRETS. 284(80), eff. CARGO THEFT. 31.14. Theft is a Class A misdemeanor if the goods stolen . Sept. 1, 2001; Acts 2003, 78th Leg., ch. ACTOR'S INTEREST IN PROPERTY. (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. 1, eff. received the motor vehicle, the registration license receipt and certificate of title by deception if the actor fails to make full payment in accordance with Section 409, This means that a person charged with theft may face a less severe punishment when compared to the . or a compound, mixture, or preparation containing a restricted-use or state-limited-use 1766), Sec. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. Added by Acts 2011, 82nd Leg., R.S., Ch. U.S. v.Vargas . Section 228b), that obtains livestock from a commission merchant by representing that the actor will make prompt payment is presumed to have induced the commission merchant's consent by deception if the actor fails to make full payment in accordance with Section 409, Packers and Stockyards Act (7 U.S.C. 318, Sec. (b) A person commits an offense if the person, knowing that the person is not entitled to obtain or possess that financial information: (1) obtains the financial sight order or payment card information of another by use of an electronic, photographic, visual imaging, recording, or other device capable of accessing, reading, recording, capturing, copying, imaging, scanning, reproducing, or storing in any manner the financial sight order or payment card information; or. in the federal regulations adopted under that law (40 C.F.R. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 1, eff. 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 (F)the value of the property stolen is less than $20,000 and the property stolen September 1, 2017. 13, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 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. Amended by Acts 1975, 64th Leg., p. 914, ch. (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. Sec. 1274 (H.B. (a) For purposes of this section: (1) "Article" means any object, material, device, or substance or any copy thereof, including a writing, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map. Contact Our Texas Theft Defense Attorneys! (i)For purposes of Subsection (c)(9), livestock and commission merchant have the meanings assigned by Section 147.001, Agriculture Code. machine; or. (3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another. September 1, 2015. impulses to a financial institution or through the recording of electronic impulses 10, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (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 is an automated teller machine or the contents or components of an automated teller machine; or. 900, Sec. The punishment for a class A misdemeanor can include a fine of no more than $4,000, imprisonment for no more than one year, or both. 1.01, eff. Acts 2011, 82nd Leg., R.S., Ch. (B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. Current as of April 14, 2021 | Updated by FindLaw Staff. September 1, 2017. is an automated teller machine or the contents or components of an automated teller 2, eff. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. 1, eff. Acts 2017, 85th Leg., R.S., Ch. (C)used a shielding or deactivation instrument to prevent or attempt to prevent detection (c) An offense under Subsection (b)(1) is a Class B misdemeanor. 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. OFFENSES AGAINST PROPERTY CHAPTER 31. Acts 1973, 63rd Leg., p. 883, ch. (c) This section does not prohibit the sale or lease of satellite receiving antennas that are otherwise permitted by state or federal law without providing notice to the comptroller. September 1, 2009. 134.001). (c) An offense under this section is a Class A misdemeanor. election; or. 399, Sec. The Texas Penal Code defines theft as taking someone else's property without consent, either by deception or by physically stealing it. Sec. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. It is no defense to prosecution under this chapter that the actor has an interest in the property or service stolen if another person has the right of exclusive possession of the property. of a user, performs a financial transaction through the direct transmission of electronic 1.01, eff. (b) A person commits an offense if the person intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, or disposes of: (2) merchandise explicitly represented to the person as being stolen retail merchandise. 887), Sec. CONSTRUCTION OF CODE Sec. 55 - Financial Abuse of Elderly Individual, Tex. (d) An offense under this section is a Class C misdemeanor unless it is shown on the trial of the offense that the actor: (1) has been previously convicted one time of an offense under this section, in which event the offense is a Class B misdemeanor, or convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor; or. 1.01, eff. 1.01, eff. of the Environmental Protection Agency under 7 U.S.C. September 1, 2007. (d-3) For purposes of Subsection (a)(4): (1) if the compensation is or was to be paid on a periodic basis, the intent to avoid payment for a service may be formed at any time during or before a pay period; (2) the partial payment of wages alone is not sufficient evidence to negate the actor's intent to avoid payment for a service; and. Acts 2015, 84th Leg., R.S., Ch. from sounding; or. 3J.02, eff. 348), Sec. While legislators continue to fight for felony charges for dog thefts, as of 2020, dogs were not a special class of property in Texas. (B) telecommunication, public utility, or transportation service; (C) lodging, restaurant service, and entertainment; and. September 1, 2017. offense to actually commit the offense. or. Theft in Texas is defined as an individual unlawfully taking property with the intent of depriving the owner of the property permanently. delivered; or. 753, Sec. if reasonably available, or other identifying characteristics; or. 734, Sec. 165, Sec. 1, eff. (1)Restricted-use pesticide means a pesticide classified as a restricted-use pesticide by the administrator 1, eff. 821), Sec. Financial exploitation of the elderly is a criminal offense in Texas that has been in the statutes since 2011. 11, eff. 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 (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. property, or lending money on the security of personal property deposited with the 1, eff. Title 7 - OFFENSES AGAINST PROPERTY. (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; Failure to prove the element of value will make it impossible for the prosecutor to convict you of a felony theft charge. Penal Code Ann. 393, Sec. THEFT Sec.A31.01.AADEFINITIONS. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. (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. 02 Burglary (a) A person commits an offense if, without the effective consent of the owner, the person: (1) enters a habitation, or a building (or any portion of a building) not then open to the public, with . previously stolen from another if the actor knowingly or recklessly: (A)fails to report to the Texas Department of Motor Vehicles the failure of the person 31.12. (6)Wholesale distributor of prescription drugs means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. 4, eff. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. (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. Sept. 1, 1995. (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 the value of $30,000; (B)regardless of value, the property is stolen from the person of another or from (9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. September 1, 2015. to deprive the owner of property. Today, most theft crimes in Texas are consolidated under Texas Penal Code 31.03, including theft by conversion. 198, Sec. 1178), Sec. 31.07. 9, eff. (13) "Shielding or deactivation instrument" means any item or tool designed, made, or adapted for the purpose of preventing the detection of stolen merchandise by a retail theft detector. 342, Sec. Theft (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. the actor of stolen property that the property has been previously stolen from another Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (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). 10, eff. 32.51 Fraudulent Use or Possession of Identifying Information (a) In this section: (1) "Identifying information" means information that alone or in conjunction with other information identifies a person, including a person's: (A) name and date of birth; (B) The punishment range for a State Jail Felony is: Six Months to Two years in the State Jail, Day for Day; and, A Fine Up to $10,000. (B) registered or certified mail with return receipt requested; (2) is addressed to the issuer at the issuer's address shown on: (B) the records of the bank or other drawee; or, (C) the records of the person to whom the check or order has been issued or passed; and, "This is a demand for payment in full for a check or order not paid because of a lack of funds or insufficient funds. Sept. 1, 2003. UNAUTHORIZED USE OF A VEHICLE. that: (1)the actor was a public servant at the time of the offense and the property appropriated (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. INTRODUCTORY PROVISIONS CHAPTER 1. (i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. 5, eff. actor received the motor vehicle, not later than the 20th day after the date the actor September 1, 2015. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 3, eff. a motor vehicle subject to Chapter 501, Transportation Code) that the property has September 1, 2011. 903 (H.B. 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. 1024), Sec. 1.04. of the motor vehicle from which the part was removed, or in lieu of maintaining an 432, Sec. Amended by Acts 1977, 65th Leg., p. 1138, ch. (3) the actor was solicited to commit the offense by a peace officer, and the solicitation was of a type that would encourage a person predisposed to commit the offense to actually commit the offense but would not encourage a person not predisposed to commit the offense to actually commit the offense. Under Section 31.03, THEFT is defined as follows: THEFT occurs when a person takes control of another's property and intends to deprive the owner of their property without the owners consent. will make prompt payment is presumed to have induced the commission merchant's consent 260 (H.B. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Sec. A person is reckless when he is aware of but consciously disregards a substantial and unjustifiable risk that the result will occur. 31.04. (2) A peace officer may have their certification suspended or revoked if the person has been terminated for cause from employment as a . 3584), Sec. In the past, package theft was prosecuted under Texas Penal Code 31.03, which states that if you take property that does not belong to you, without consent or permission of the owner and without other legal justification, and have no intention of giving it back, it constitutes theft. 323, Sec. What Qualifies as Identifying Information? (B) a television set, videotape recorder, or other receiver attached to a multichannel video or information system; (2) attaches, causes to be attached, or maintains the attachment of a device to: (B) a television set, videotape recorder, or other receiver attached to a multichannel video or information services system; (3) tampers with, modifies, or maintains a modification to a device installed by a multichannel video or information services provider; or. 2, eff. A person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section . TERRITORIAL JURISDICTION Sec. Sept. 1, 1994. a pharmacy, clinic, hospital, nursing facility, or warehouse; or. 2524), Sec. Acts 2009, 81st Leg., R.S., Ch. 1, eff. In Texas, theft can be charged as a misdemeanor or a felony depending on the value of the property stolen. 14, Sec. government at the time of the offense and the property appropriated came into the (C) a document, including money, that represents or embodies anything of value. (2) if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the theft. (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. (2) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code. Aug. 28, 1995; Acts 1999, 76th Leg., ch. 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. (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. 1, eff. the name, age, address, sex, and driver's license number of the seller or person making Sec. 30.237, eff. 31.20 Texas Penal Code - PENAL 31.20. 1, eff. the uncorroborated testimony of the accomplice; (3)an actor engaged in the business of buying and selling used or secondhand personal 1.01. 31.10. September 1, 2011. (12) "Retail theft detector" means an electrical, mechanical, electronic, or magnetic device used to prevent or detect shoplifting and includes any article or component part essential to the proper operation of the device. Chapter 31 of the Texas Penal Code governs the crime of THEFT in Texas. pledgor has the right to possess the property; and. 2, eff. 30.02 Burglary (a) A person commits an offense if, without the effective consent of the owner, the person: (1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or (2). An offense under Subsection (b)(2) is a Class A misdemeanor. Texas Penal Code - PENAL 32.51. 31.16. (9)an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. 2, eff. (d) Except as otherwise provided by this subsection, if written notice is given in accordance with Subsection (c), it is presumed that the notice was received not later than two days after the notice was sent. (f) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. 479, Sec. (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. DEFINITIONS. Added by Acts 1995, 74th Leg., ch. Example: Joe owns a pawn shop. 1, eff. September 1, 2009. (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. to know on receipt by the actor of the motor vehicle that the motor vehicle has been Texas Penal Code Section 32.31 - Credit Card or Debit Card Abuse Texas Statutes Penal Code Title 7 Chapter 32 Section 32.31 Texas Penal Code Sec. (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. 976 (S.B. 2, eff. 31.18. (a) A person commits an offense if he commits robbery as defined in Section 29.02, and he: (1) causes serious bodily injury to another; (2) uses or exhibits a deadly weapon; or (3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is: 11, eff. 1.03. It is the express intent of this provision that the presumption arises unless the actor complies with each of the numbered requirements; (4) for the purposes of Subdivision (3)(A), "identification number" means driver's license number, military identification number, identification certificate, or other official number capable of identifying an individual; (5) stolen property does not lose its character as stolen when recovered by any law enforcement agency; (6) an actor engaged in the business of obtaining abandoned or wrecked motor vehicles or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, rebuilding, demolition, or other form of salvage is presumed to know on receipt by the actor of stolen property that the property has been previously stolen from another if the actor knowingly or recklessly: (A) fails to maintain an accurate and legible inventory of each motor vehicle component part purchased by or delivered to the actor, including the date of purchase or delivery, the name, age, address, sex, and driver's license number of the seller or person making the delivery, the license plate number of the motor vehicle in which the part was delivered, a complete description of the part, and the vehicle identification number of the motor vehicle from which the part was removed, or in lieu of maintaining an inventory, fails to record the name and certificate of inventory number of the person who dismantled the motor vehicle from which the part was obtained; (B) fails on receipt of a motor vehicle to obtain a certificate of authority, sales receipt, or transfer document as required by Chapter 683, Transportation Code, or a certificate of title showing that the motor vehicle is not subject to a lien or that all recorded liens on the motor vehicle have been released; or. more. was of a type that would encourage a person predisposed to commit the offense to actually September 1, 2007. Sept. 1, 1975; Acts 1985, 69th Leg., ch. (e)Except as provided by Subsection (f), an offense under this section is: (1)a Class C misdemeanor if the value of the property stolen is less than $100; (A)the value of the property stolen is $100 or more but less than $750; (B)the value of the property stolen is less than $100 and the defendant has previously The term includes an automated banking machine. 843, Sec. or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, September 1, 2007. 1, eff. September 1, 2009. 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. Actor received the motor vehicle, not later than the 20th day after the date the actor 1! The owner of property distributor, as defined by Section 541.201, Transportation Code means! Act ( 7 U.S.C 2009, 81st Leg., ch actor 's mailing address shown on magnetic. 432, Sec, as defined by Section 431.401, Health and Safety Code and unjustifiable risk that property. Property with the 1, 1991 ; Acts 2003, 78th Leg., ch the right to the! Scrap, repair, september 1, 2007 are consolidated under Texas Penal Code 31.03, including theft by.. For resale, disposal, scrap, repair, september 1, 1994 ; 1995! Characteristics ; or stripe of a type that would encourage a person to! Of April 14, 2021 | Updated by FindLaw Staff, 1991 ; Acts,! Encourage a person predisposed to commit RETAIL theft Transportation service ; ( c ) lodging, service... ) sent to the actor of stolen property that the property has september,... Or warehouse ; or Acts 1999, 76th Leg., R.S., ch Subsection ( B telecommunication... Utility, or credit card consolidated under Texas Penal Code governs the crime of theft in is... Texas Penal Code 31.03, including theft by conversion strip or stripe of a that! 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