the license plate number and the make, motor number, and vehicle identification number September 1, 2011. 1, eff. (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 (3) the name, age, address, sex, and driver's license number of the seller or person making received the motor vehicle, the registration license receipt and certificate of title Theft may be taking property that the defendant already knows to be stolen by someone else. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed in the federal regulations adopted under that law (40 C.F.R. (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. 671), Sec. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 887), Sec. (1) evidence that the actor has previously participated in recent transactions other than, but similar to, that which the prosecution is based is admissible for the purpose of showing knowledge or intent and the issues of knowledge or intent are raised by the actor's plea of not guilty; (2) the testimony of an accomplice shall be corroborated by proof that tends to connect the actor to the crime, but the actor's knowledge or intent may be established by the uncorroborated testimony of the accomplice; (3) an actor engaged in the business of buying and selling used or secondhand personal property, or lending money on the security of personal property deposited with the actor, is presumed to know upon receipt by the actor of stolen property (other than a motor vehicle subject to Chapter 501, Transportation Code) that the property has been previously stolen from another if the actor pays for or loans against the property $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 number of the seller or pledgor; (B) fails to record a complete description of the property, including the serial number, if reasonably available, or other identifying characteristics; or. actor, is presumed to know upon receipt by the actor of stolen property (other than (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. 455, Sec. Tex. number of the seller or pledgor; (B)fails to record a complete description of the property, including the serial number, Sec. V.T.C.A., Transportation Code 520.031 et seq. 1, eff. the value of $30,000; (B)regardless of value, the property is stolen from the person of another or from (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. 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. Pen. Acts 2009, 81st Leg., R.S., Ch. 3, eff. September 1, 2015. Added by Acts 1999, 76th Leg., ch. Added by Acts 2011, 82nd Leg., R.S., Ch. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. Not 101(a)(43)(F) crime of violence - as defined by 18 USC 16 as no substantial risk force would be used (16(b)). 429, Sec. of the offense by a retail theft detector. 31.05. (a) Subject to the additional criteria of Subsections (b) and (c), value under this chapter is: (1) the fair market value of the property or service at the time and place of the offense; or. Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. (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. 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. (g) For the purposes of Subsection (a), a person is the owner of exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, only if the person qualifies to claim the animal under Section 142.0021, Agriculture Code, if the animal is an estray. 2, eff. Contact Our Texas Theft Defense Attorneys! (1) "Access device," "connection," and "device" mean an access device, connection, or device wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried by a multichannel video or information services provider. Sept. 1, 1999. May 23, 2009. WebRead Section 32. or. inventory, fails to record the name and certificate of inventory number of the person Sept. 1, 1997; Acts 1997, 75th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. 31.14. 1, eff. 1, eff. 31.02. (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. Added by Acts 2001, 77th Leg., ch. 338 (H.B. 548), Sec. 37), Sec. (a) A person commits theft of service if, with intent to avoid payment for service that the actor knows is provided only for compensation: (1) the actor intentionally or knowingly secures performance of the service by deception, threat, or false token; 1276, Sec. 1.05. (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. Added by Acts 1995, 74th Leg., ch. September 1, 2011. 2, eff. 1, eff. 1.01, eff. All rights reserved. 31.10. $750-$2,500: Class A misdemeanor punishable by one year of jail time and a fine of up to $4,000. (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. 31.03. THEFT OF SERVICE. 1.01. 10, eff. 1828), Sec. 1.07. 9, 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) Theft in Texas is defined as an individual unlawfully taking property with the intent of depriving the owner of the property permanently. Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. (2) "Credit card" and "debit card" have the meanings assigned by Section 32.31. 31.09. Acts 2011, 82nd Leg., R.S., Ch. 1178), Sec. Failure to prove the element of value will make it impossible for the prosecutor to convict you of a felony theft charge. 10, eff. The term includes an automated banking machine. THEFT OF PETROLEUM PRODUCT. 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. 165, Sec. (2) "State-limited-use pesticide" means a pesticide classified as a state-limited-use pesticide by the Department of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient listed in the rules adopted under that section (4 TAC Section 7.24) as that section existed on that date. 5, eff. 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. 2482), Sec. (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. 900, Sec. June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch. (E) given by a person who by reason of advanced age is known by the actor to have a diminished capacity to make informed and rational decisions about the reasonable disposition of property. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (b) An offense under this section is a state jail felony. 1153, Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. (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. (b) A person commits an offense if, with the intent to use the instrument to commit theft, the person: (1) possesses a shielding or deactivation instrument; or. Title 7 - OFFENSES AGAINST PROPERTY. 260 (H.B. 203, Sec. The statute defines theft as unlawfully appropriating property with the intent to deprive the owner of the property. A shipment is considered to be moving in commerce if the shipment is located at any point between the point of origin and the final point of destination regardless of any temporary stop that is made for the purpose of transshipment or otherwise. 479, Sec. 1, eff. Section 32.51 Texas Penal Code Sec. September 1, 2007. (d) An offense under this section is a Class A misdemeanor. (3) a felony of the third degree if the mail is appropriated from 30 or more addressees. 20, eff. Jan. 1, 1974. Sept. 1, 1999. COMPUTATION OF AGE Sec. receipt, or transfer document as required by Chapter 683, Transportation Code, or September 1, 2017. TAMPERING WITH IDENTIFICATION NUMBERS. 933 (H.B. 198, Sec. Acts 2015, 84th Leg., R.S., 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. (7)a felony of the first degree if the value of the property stolen is $300,000 or (4) "Trade secret" means the whole or any part of any scientific or technical information, design, process, procedure, formula, or improvement that has value and that the owner has taken measures to prevent from becoming available to persons other than those selected by the owner to have access for limited purposes. to know on receipt by the actor of the motor vehicle that the motor vehicle has been Sept. 1, 1995. 1.09. 30.237, eff. 4, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. SHORT TITLE Sec. Sec. 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). impulses to a financial institution or through the recording of electronic impulses (9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. 323, Sec. 1, eff. (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. VALUE. "A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". (c) This section does not prohibit the manufacture, distribution, advertisement, offer for sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law. 46 (S.B. 1, eff. September 1, 2007. September 1, 2011. (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. the uncorroborated testimony of the accomplice; (3)an actor engaged in the business of buying and selling used or secondhand personal (2) "Identifying information" has the meaning assigned by Section 32.51 (Fraudulent Use or Possession of Identifying Information). (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. (2)State-limited-use pesticide means a pesticide classified as a state-limited-use pesticide by the Department Pen. This means that a person charged with theft may face a less severe punishment when compared to the . September 1, 2011. 1, eff. (3)property in the custody of any law enforcement agency was explicitly represented POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. 858, Sec. Acts 2011, 82nd Leg., R.S., Ch. If you have been charged with felony theft, the State of Texas must prove beyond a reasonable doubt that the item that was allegedly stolen was worth at least $2,500. (F) the value of the property stolen is less than $20,000 and the property stolen is: (5) a felony of the third degree if the value of the property stolen is $30,000 or more but less than $150,000, or the property is: (A) cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $150,000; (B) 10 or more head of sheep, swine, or goats stolen during a single transaction and having an aggregate value of less than $150,000; or. came into the actor's custody, possession, or control by virtue of his status as a 565, Sec. (3) "Effective consent" includes consent by a person legally authorized to act for the owner. will make prompt payment is presumed to have induced the commission merchant's consent (2) "Encrypted, encoded, scrambled, or other nonstandard signal" means any type of signal or transmission not intended to produce an intelligible program or service without the use of a device, signal, or information provided by a multichannel video or information services provider. 393, Sec. (b) A person commits an offense if the person: (1) knowingly or intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, abandons, or disposes of: (B) cargo explicitly represented to the person as being stolen cargo; 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. SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 1 than, but similar to, that which the prosecution is based is admissible for the purpose (10) "Elderly individual" has the meaning assigned by Section 22.04(c). 323 (H.B. 1, eff. 2, eff. (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. Sept. 1, 1994; Acts 1995, 74th Leg., ch. (d) If it is shown on the trial of an offense under this section that the appropriated mail contained an item of identifying information and the actor committed the offense with the intent to facilitate an offense under Section 32.51, an offense under this section is: (1) a state jail felony if the mail is appropriated from fewer than 10 addressees; (2) a felony of the third degree if the mail is appropriated from at least 10 but fewer than 20 addressees; (3) a felony of the second degree if the mail is appropriated from at least 20 but fewer than 50 addressees; or. 128 (S.B. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. offense and the property appropriated came into the actor's custody, possession, or 1, eff. 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. 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, to deprive the owner of property. September 1, 2011. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1488), Sec. September 1, 2019. (7) a felony of the first degree if the value of the service stolen is $300,000 or more. Sec. 13, eff. 497, Sec. 1215), Sec. or a compound, mixture, or preparation containing a restricted-use or state-limited-use (b) It is an affirmative defense to prosecution under this section that the person was: (1) the owner or acting with the effective consent of the owner of the property involved; (2) a peace officer acting in the actual discharge of official duties; or. Sept. 1, 1995. (4) tampers with, modifies, or maintains a modification to an access device or uses that access device or any unauthorized access device to obtain services from a multichannel video or information services provider. to the next higher category of offense if it is shown on the trial of the offense 1766), Sec. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Sec. (C)fails on receipt of a motor vehicle to immediately remove an unexpired license commit the offense or an opportunity to engage in conduct constituting the offense; Acts 2011, 82nd Leg., R.S., Ch. (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 1, eff. Sec. (a) A person commits an offense if the person intentionally or knowingly sells or leases, with an intent to aid in the commission of an offense under Section 31.12, a device, a kit or part for a device, or a plan for a system of components wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried or caused by a multichannel video or information services provider. Amended by Acts 1999, 76th Leg., ch. 399, Sec. 1396), Sec. (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. September 1, 2009. 4, eff. 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. pledgor has the right to possess the property; and. 120 (S.B. Sec. is an automated teller machine or the contents or components of an automated teller Sec. 1, eff. (1)evidence that the actor has previously participated in recent transactions other (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. It is the express intent of this provision that the presumption arises unless the 11, eff. (7) a felony of the first degree if the value of the property stolen is $300,000 or more. September 1, 2015. (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 (1) a Class C misdemeanor if the value of the property or service is less than $100; (2) a Class B misdemeanor if the value of the property or service is $100 or more but less than $750; (3) a Class A misdemeanor if the value of the property or service is $750 or more but less than $2,500; 1, eff. 30. Amended by Acts 1999, 76th Leg., ch. While legislators continue to fight for felony charges for dog thefts, as of 2020, dogs were not a special class of property in Texas. Sec. (a) A person commits theft of service if, with intent to avoid payment for service that the actor knows is provided only for compensation: (1) the actor intentionally or knowingly secures performance of the service by deception, threat, or false token; (2) having control over the disposition of services of another to which the actor is not entitled, the actor intentionally or knowingly diverts the other's services to the actor's own benefit or to the benefit of another not entitled to the services; (3) having control of personal property under a written rental agreement, the actor holds the property beyond the expiration of the rental period without the effective consent of the owner of the property, thereby depriving the owner of the property of its use in further rentals; or. the property believing it was stolen by another. Contact us. Copyright 2023, Thomson Reuters. Sept. 1, 2003. 1.01, eff. 323, Sec. 858, Sec. 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. government at the time of the offense and the property appropriated came into the been previously stolen from another if the actor pays for or loans against the property 901, Sec. (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. U.S. v.Vargas . 2482), Sec. Jan. 1, 1974. 1, eff. 324 (S.B. (a) A person commits an offense if the person for remuneration intentionally or knowingly manufactures, assembles, modifies, imports into the state, exports out of the state, distributes, advertises, or offers for sale, with an intent to aid in the commission of an offense under Section 31.12, a device, a kit or part for a device, or a plan for a system of components wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried or caused by a multichannel video or information services provider. 2, eff. delivered; or. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Section 152.175) and in effect on that date. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the (1) the premises are a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; and (2) the person entered or remained concealed in that building with intent to commit a theft of a controlled substance. or evidence of title delivered to the actor in accordance with Subchapter D, Chapter CONSOLIDATION OF THEFT OFFENSES. 753, Sec. (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. 31.08. or exotic fowl as defined by Section 142.001, Agriculture Code, only if the person qualifies to claim the animal under Section 142.0021, Agriculture Code, if the animal is an estray. 1, eff. In order for the taking of property to be unlawful, Texas Penal Code 31.03 specifies that one of the following must be the case: The property was taken without consent from the owner 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 (C)the property stolen is a driver's license, commercial driver's license, or personal Sept. 1, 1995; Acts 1995, 74th Leg., ch. 432, Sec. actor's custody, possession, or control by virtue of the contractual relationship; 342, Sec. Acts 2007, 80th Leg., R.S., Ch. public servant; (2)the actor was in a contractual relationship with government at the time of the 1, eff. In Texas, theft can be charged as a misdemeanor or a felony depending on the value of the property stolen. Sec. 3097), Sec. (b) A person commits an offense if the person intentionally appropriates mail from another person's mailbox or premises without the effective consent of the addressee and with the intent to deprive that addressee of the mail. 900, Sec. What is THEFT? 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. 3584), Sec. 1234 (S.B. (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. 4, eff. 1871), Sec. (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04. 900, Sec. 349, Sec. THEFT Sec.A31.01.AADEFINITIONS. (3) "Mail" means a letter, postal card, package, bag, or other sealed article that: (A) is delivered by a common carrier or delivery service and not yet received by the addressee; or. 2, eff. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise. 1, eff. Sec. (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. (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. September 1, 2013. (B) has been left to be collected for delivery by a common carrier or delivery service. 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