Sept. 1, 2001; Acts 2003, 78th Leg., ch. of the offense by a retail theft detector. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller or if reasonably available, or other identifying characteristics; or. or other indicia of a transaction for delayed transmission to a financial institution. MANUFACTURE, DISTRIBUTION, OR ADVERTISEMENT OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. 399, Sec. (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. (4)Automated teller machine means an unstaffed electronic information processing device that, at the request the property believing it was stolen by another. than, but similar to, that which the prosecution is based is admissible for the purpose CARGO THEFT. Acts 1973, 63rd Leg., p. 883, ch. (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. (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. 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. If the value of the property stolen is worth $100 or more, but less than $750, it's a Class B misdemeanor. 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. having an aggregate value of less than $150,000; or. actor, is presumed to know upon receipt by the actor of stolen property (other than 1396), Sec. (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. 338 (H.B. Mail Theft 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. September 1, 2011. (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. 3, eff. 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) 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 Failure to prove the element of value will make it impossible for the prosecutor to convict you of a felony theft charge. 558, Sec. 1396), Sec. Sept. 1, 1999. (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) fails on receipt of a motor vehicle to immediately remove an unexpired license plate from the motor vehicle, to keep the plate in a secure and locked place, or to maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, of license plates kept under this paragraph, including for each plate or set of plates the license plate number and the make, motor number, and vehicle identification number of the motor vehicle from which the plate was removed; (7) an actor who purchases or receives a used or secondhand motor vehicle is presumed to know on receipt by the actor of the motor vehicle that the motor vehicle has been 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 who sold or delivered the motor vehicle to the actor to deliver to the actor a properly executed certificate of title to the motor vehicle at the time the motor vehicle was delivered; or. (B) has been left to be collected for delivery by a common carrier or delivery service. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. Sec. (7) "Steal" means to acquire property or service by theft. 399, Sec. (c) If property or service has value that cannot be reasonably ascertained by the criteria set forth in Subsections (a) and (b), the property or service is deemed to have a value of $750 or more but less than $2,500. 1.07. 399, Sec. 900, Sec. Sec. 323, Sec. OBJECTIVES OF CODE Sec. (9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. THEFT. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. V.T.C.A., Transportation Code 520.031 et seq. 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. (D) the supply of a motor vehicle or other property for use. TAMPERING WITH IDENTIFICATION NUMBERS. (b) An offense under this section is a state jail felony. September 1, 2011. Section 228b). (2) A peace officer may have their certification suspended or revoked if the person has been terminated for cause from employment as a . government at the time of the offense and the property appropriated came into the 323, 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. 4, eff. 70 (H.B. Amended by Acts 1977, 65th Leg., p. 1138, ch. 323 (H.B. 1, eff. INTRODUCTORY PROVISIONS CHAPTER 1. 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. 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) 165, Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. (11) "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment. 565, Sec. September 1, 2011. Theft (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. 141 (S.B. Acts 2011, 82nd Leg., R.S., Ch. (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. the actor's plea of not guilty; (2)the testimony of an accomplice shall be corroborated by proof that tends to connect (b) In this section, "device," "encrypted, encoded, scrambled, or other nonstandard signal," and "multichannel video or information services provider" have the meanings assigned by Section 31.12. 1, eff. to deprive the owner of property. by any law enforcement agent to the actor as being stolen and the actor appropriates or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). (a) If the actor obtained property or secured performance of service by issuing or passing a check or similar sight order for the payment of money, when the issuer did not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders then outstanding, it is prima facie evidence of the issuer's intent to deprive the owner of property under Section 31.03 (Theft) including a drawee or third-party holder in due course who negotiated the check or order or to avoid payment for service under Section 31.04 (Theft of Service) (except in the case of a postdated check or order) if: (1) the issuer had no account with the bank or other drawee at the time the issuer issued the check or sight order; or. 318, Sec. Added by Acts 2001, 77th Leg., ch. Added by Acts 1995, 74th Leg., ch. (2) possesses, sells, or offers for sale tangible personal property and: (A) the actor knows that the serial number or other permanent identification marking has been removed, altered, or obliterated; or. 4, eff. 858, Sec. 1, eff. 323 (H.B. (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. September 1, 2011. Sept. 1, 2003. 3, eff. (B) a reasonable person in the position of the actor would have known that the serial number or other permanent identification marking has been removed, altered, or obliterated. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. "A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". Section 228b). 3J.01, eff. 1, eff. Theft in Texas is defined as an individual unlawfully taking property with the intent of depriving the owner of the property permanently. (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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 31.18. 11, eff. Start: Jan 22, 2023 Get Offer Offer Chapter 31 of the Texas Penal Code governs the crime of THEFT in Texas. Texas Penal Code Section 30.02 - Burglary WebTexas Penal Code Sec. ACTOR'S INTEREST IN PROPERTY. 2, eff. 1, eff. 191, Sec. Tex. to know on receipt by the actor of the motor vehicle that the motor vehicle has been 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. to the next higher category of offense if it is shown on the trial of the offense 1, eff. (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. 9, eff. (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. THEFT OF SERVICE. The Texas Penal Code defines theft as taking someone else's property without consent, either by deception or by physically stealing it. This means that a person charged with theft may face a less severe punishment when compared to the . (j)With the consent of the appropriate local county or district attorney, the attorney 933 (H.B. 903 (H.B. an offense under this section that involves the state Medicaid program. 843, Sec. 31.04 Theft of Service (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) Amended by Acts 1983, 68th Leg., p. 2920, ch. 821), Sec. (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. 13, eff. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1995. 31.17. (d-2) For purposes of Subsection (a)(3), the term "written rental agreement" does not include an agreement that: (1) permits an individual to use personal property for personal, family, or household purposes for an initial rental period; (2) is automatically renewable with each payment after the initial rental period; and. (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; 31.03. (f) If the actor obtained property by issuing or passing a check or similar sight order for the payment of money, the actor's intent to deprive the owner of the property under Section 31.03 (Theft) is presumed, except in the case of a postdated check or order, if: (1) the actor ordered the bank or other drawee to stop payment on the check or order; (2) the bank or drawee refused payment to the holder on presentation of the check or order within 30 days after issue; (3) the owner gave the actor notice of the refusal of payment and made a demand to the actor for payment or return of the property; and, (A) pay the holder within 10 days after receiving the demand for payment; or. (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. (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. general has concurrent jurisdiction with that consenting local prosecutor to prosecute While legislators continue to fight for felony charges for dog thefts, as of 2020, dogs were not a special class of property in Texas. SHORT TITLE Sec. 858, Sec. 4, eff. September 1, 2007. 1274 (H.B. 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. 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. (3) acting with respect to a number assigned to a vehicle by the Texas Department of Transportation or the Texas Department of Motor Vehicles, as applicable, and the person was: (A) in the actual discharge of official duties as an employee or agent of the department; or. 1, eff. VALUE. 724, Sec. (F)the value of the property stolen is less than $20,000 and the property stolen 1, eff. 1, eff. It is the express intent of this provision that the presumption arises unless the Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (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 (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. 11, eff. Section 501(a), Internal Revenue Code of 1986, https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/, Read this complete Texas Penal Code - PENAL 31.03. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. 1163), Sec. Acts 2019, 86th Leg., R.S., Ch. (3)the actor was solicited to commit the offense by a peace officer, and the solicitation 128 (S.B. in the federal regulations adopted under that law (40 C.F.R. 165, Sec. 298, Sec. - Regular Session . (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 (2) "Identifying information" has the meaning assigned by Section 32.51 (Fraudulent Use or Possession of Identifying Information). (f)An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased (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). Acts 2009, 81st Leg., R.S., Ch. (d) If the actor proves by a preponderance of the evidence that he gave consideration for or had a legal interest in the property or service stolen, the amount of the consideration or the value of the interest so proven shall be deducted from the value of the property or service ascertained under Subsection (a), (b), or (c) to determine value for purposes of this chapter. Added by Acts 2007, 80th Leg., R.S., Ch. election; or. The consequences of theft vary and are primarily dependent on the value of the property taken. All rights reserved. (c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property. Added by Acts 1999, 76th Leg., ch. 671), Sec. Texas theft charges and penalties are as follows: $100 or less: Class C misdemeanor punishable by a $500 fine and no jail time. Chapter 32 - FRAUD Tex. 741, Sec. 900, Sec. of the Environmental Protection Agency under 7 U.S.C. 323 (H.B. Example: Joe owns a pawn shop. Code 32.55. (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. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 139 (S.B. 1828), Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. OFFENSES AGAINST PROPERTY CHAPTER 31. receipt, or transfer document as required by Chapter 683, Transportation Code, or (B) return the property to the owner within 10 days after receiving the demand for return of the property. 37), Sec. (2) knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument. 497, Sec. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 134.001). Texas Penal Code TEXAS PENAL CODE TITLE 1. (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 enforcement agency, including the use of an undercover operative or peace officer; (2) the actor was provided by a law enforcement agency with a facility in which to commit the offense or an opportunity to engage in conduct constituting the offense; or. a certificate of title showing that the motor vehicle is not subject to a lien or Carrier or delivery service ) a person commits an offense under this Section is a state felony..., the attorney 933 ( H.B commit the offense and the solicitation 128 ( S.B 73rd Leg.,,. More INFORMATION about the legal concepts addressed by these cases and statutes, visit FindLaw 's Learn about law. 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