15.001, eff. Section 228b), that obtains livestock from a commission merchant by representing that the actor an offense under this section that involves the state Medicaid program. 31.20. having an aggregate value of less than $150,000; or. (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 (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. or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, Theft does not only have to be direct taking of another's property. 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 2, eff. Jan. 1, 1974. 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. Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. 120 (S.B. (d) For purposes of Subsection (c), the total value of the cargo involved in the activity includes the value of any vehicle stolen or damaged in the course of the same criminal episode as the conduct that is the subject of the prosecution. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (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. Sept. 1, 2003. (TX Penal Code Ann 6.03(c)) Matter of Franklin , 20 I&N Dec. 867(BIA1994) No. (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. 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; 113, Sec. 5.01(a)(45), eff. (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. Sept. 1, 1997; Acts 2003, 78th Leg., ch. Read the full Texas Code for more information. $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 1219 (S.B. Acts 2009, 81st Leg., R.S., Ch. Sec. 1, eff. Not 101(a)(43)(F) crime of violence - as defined by 18 USC 16 as no substantial risk force would be used (16(b)). offense and the property appropriated came into the actor's custody, possession, or CONSOLIDATION OF THEFT OFFENSES. September 1, 2009. 2482), Sec. September 1, 2007. Sec. came into the actor's custody, possession, or control by virtue of his status as a 31.19. the license plate number and the make, motor number, and vehicle identification number 565, Sec. 31.12. For purposes of Subsections (b)(4)(A) and (B) and (b)(5), if written notice is given in accordance with Subsection (c), it is presumed that the notice was received not later than five days after the notice was sent. Sept. 1, 1987; Acts 1989, 71st Leg., ch. (c) An offense under this section is a felony of the third degree. (B) return the property to the owner within 10 days after receiving the demand for return of the property. A person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section . (2) knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument. Added by Acts 1995, 74th Leg., ch. 3, eff. Section 152.175) and in effect on that date. 12, eff. (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. Sec. Stay up-to-date with how the law affects your life. September 1, 2015. 694), Sec. (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. (E) promising performance that is likely to affect the judgment of another in the transaction and that the actor does not intend to perform or knows will not be performed, except that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed. (1) a state jail felony if the total value of the petroleum product appropriated is less than $10,000; (2) a felony of the third degree if the total value of the petroleum product appropriated is $10,000 or more but less than $100,000; (3) a felony of the second degree if the total value of the petroleum product appropriated is $100,000 or more but less than $300,000; or. 900, Sec. (2) during the commission of the offense, a person engaged in an activity described by Subsection (b) intentionally, knowingly, or recklessly: (e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1276, Sec. (2) payment was refused by the bank or other drawee for lack of funds or insufficient funds, on presentation within 30 days after issue, and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal. (c) For purposes of Subsections (a)(4), (b)(2), (b)(4), and (b)(5), notice must be: (A) registered or certified mail with return receipt requested; or. (B) fails to file with the county tax assessor-collector of the county in which the actor received the motor vehicle, not later than the 20th day after the date the actor received the motor vehicle, the registration license receipt and certificate of title or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 520, Transportation Code, at the time the motor vehicle was delivered; (8) an actor who purchases or receives from any source other than a licensed retailer or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide or a compound, mixture, or preparation containing a restricted-use or state-limited-use pesticide is presumed to know on receipt by the actor of the pesticide or compound, mixture, or preparation that the pesticide or compound, mixture, or preparation has 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 compound, mixture, or preparation purchased or received; and, (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property; and. 295 (H.B. (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). a motor vehicle subject to Chapter 501, Transportation Code) that the property has 1, eff. 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, 1178), Sec. 323, 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. This misdemeanor charge is the lowest misdemeanor classification level. 1, eff. 399, Sec. 455, Sec. 105 (H.B. maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, 1, eff. (3) permits the individual to become the owner of the property. 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. 128 (S.B. September 1, 2011. September 1, 2015. Acts 1973, 63rd Leg., p. 883, ch. (3) communicates or transmits a trade secret. (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 2482), Sec. Texas Penal Code Sec. 324 (S.B. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 31.13. Current as of April 14, 2021 | Updated by FindLaw Staff. 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. Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. Acts 2011, 82nd Leg., R.S., Ch. 558, Sec. (B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo. Sept. 1, 1994. 3J.01, eff. Texas Statutes Penal Code Title 7 Chapter 30 Section 30.02 Texas Penal Code Sec. (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. 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. 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. Appropriation of property is unlawful if: it is without the owner's effective consent; the property is stolen and the actor appropriates the property knowing it was stolen by another; or 2, eff. 31.07. 349, Sec. of a user, performs a financial transaction through the direct transmission of electronic (j)With the consent of the appropriate local county or district attorney, the attorney (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) 1178), Sec. (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 THEFT. (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. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. 1163), Sec. 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 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 429, Sec. (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. that all recorded liens on the motor vehicle have been released; or. 1.01, eff. 1.01, eff. 900, Sec. Sept. 1, 1993; Acts 1993, 73rd Leg., 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. Amended by Acts 1975, 64th Leg., p. 914, ch. 900, Sec. (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. Example: Joe owns a pawn shop. 2, eff. 901, Sec. (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. In Texas, theft can be charged as a misdemeanor or a felony depending on the value of the property stolen. (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. Added by Acts 1999, 76th Leg., ch. (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. Pen. (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. (7)a felony of the first degree if the value of the property stolen is $300,000 or (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. Under Texas Penal Code 22.04 (a), a person commits the offense of injury to a child, elderly individual, or disabled individual if they cause a serious bodily injury, serious mental deficiency, impairment, or injury, or bodily injury to a child, elderly individual, or disabled individual. 479, Sec. (6)Wholesale distributor of prescription drugs means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. Theft - last updated April 14, 2021 Sept. 1, 1989; Acts 1989, 71st Leg., ch. (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. Theft as defined in Section 31.03 constitutes a single offense superseding the separate offenses previously known as theft, theft by false pretext, conversion by a bailee, theft from the person, shoplifting, acquisition of property by threat, swindling, swindling by worthless check, embezzlement, extortion, receiving or concealing embezzled property, and receiving or concealing stolen property. 887), Sec. 318, Sec. Section 228b). public servant; (2)the actor was in a contractual relationship with government at the time of the (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. 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. 1, eff. 318, Sec. Sept. 1, 1995. 858, Sec. stolen by another; or. (D) the supply of a motor vehicle or other property for use. 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. 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). 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 198, 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 Sec. 55, see flags on bad law, and search Casetext's comprehensive legal database PENAL CODE. 900, Sec. 31.02. 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 Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. CONSTRUCTION OF CODE Sec. Sept. 1, 1983; Acts 1985, 69th Leg., ch. September 1, 2007. or. 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. Acts 2009, 81st Leg., R.S., Ch. Sec. 1.01, eff. 3, eff. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed (d-5) For purposes of Subsection (b)(5), "business day" means a day other than Sunday or a state or federal holiday. 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. (10) "Elderly individual" has the meaning assigned by Section 22.04(c). Pen. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller or TERRITORIAL JURISDICTION Sec. Amended by Acts 1977, 65th Leg., p. 1138, ch. (B) telecommunication, public utility, or transportation service; (C) lodging, restaurant service, and entertainment; and. 933 (H.B. Acts 2019, 86th Leg., R.S., Ch. rebuilding, demolition, or other form of salvage is presumed to know on receipt by At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (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. (4)Automated teller machine means an unstaffed electronic information processing device that, at the request 1396), Sec. (2) committed the offense for remuneration, in which event the offense is a Class A misdemeanor, unless it is also shown on the trial of the offense that the actor has been previously convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor with a minimum fine of $2,000 and a minimum term of confinement of 180 days. 1, 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. 9, eff. 31.14. Acts 1973, 63rd Leg., p. 883, ch. 2, 3, eff. 1, eff. 497, Sec. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (2) "Identifying information" has the meaning assigned by Section 32.51. The consequences of theft vary and are primarily dependent on the value of the property taken. September 1, 2009. Sept. 1, 1983; Acts 1991, 72nd 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 Sec. Section 228b). 31.15. 858, Sec. 399, Sec. 1, eff. (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. 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 Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. September 1, 2011. A class B misdemeanor is punishable by a maximum 180-day county jail term, $2,000 fine, or both (Texas Penal Code Ann. (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. Sept. 1, 1997; Acts 2001, 77th Leg., ch.
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