2482), Sec. 1871), Sec. government at the time of the offense and the property appropriated came into the 497, Sec. The statute defines theft as unlawfully appropriating property with the intent to deprive the owner of the property. 1.01, eff. September 1, 2015. (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. Sept. 1, 1989; Acts 1989, 71st Leg., ch. delivered; or. 1.05. September 1, 2007. 1, eff. general has concurrent jurisdiction with that consenting local prosecutor to prosecute 4, eff. While legislators continue to fight for felony charges for dog thefts, as of 2020, dogs were not a special class of property in Texas. actor's custody, possession, or control by virtue of the contractual relationship; Acts 1973, 63rd Leg., p. 883, ch. 1, eff. (d-1) For purposes of Subsection (a)(2), the diversion of services to the benefit of a person who is not entitled to those services includes the disposition of personal property by an actor having control of the property under an agreement described by Subsections (d-2)(1)-(3), if the actor disposes of the property in violation of the terms of the agreement and to the benefit of any person who is not entitled to the property. Sec. came into the actor's custody, possession, or control by virtue of his status as a 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. (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the offense, a person engaged in an activity described by Subsection (b) intentionally, knowingly, or recklessly: (e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. September 1, 2011. received the motor vehicle, the registration license receipt and certificate of title 2022 California Code Penal Code - PEN PART 1 - OF CRIMES AND PUNISHMENTS TITLE 9 - OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS CHAPTER 13 . Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. (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. 55 - Financial Abuse of Elderly Individual, Tex. Added by Acts 1995, 74th Leg., ch. 903 (H.B. Sept. 1, 2003; Acts 2003, 78th Leg., ch. A person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section . 900, Sec. or. 12, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 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. 257, Sec. 4, eff. Added by Acts 2021, Texas Acts of the 87th Leg. Sec. 298, Sec. Theft is a Class A misdemeanor if the goods stolen . Acts 2011, 82nd Leg., R.S., Ch. 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 10, eff. TERRITORIAL JURISDICTION Sec. (B) has made fewer than three complete payments under the agreement. Jan. 1, 1974. (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. (b) For purposes of this section, intent to avoid payment is presumed if any of the following occurs: (1) the actor absconded without paying for the service or expressly refused to pay for the service in circumstances where payment is ordinarily made immediately upon rendering of the service, as in hotels, campgrounds, recreational vehicle parks, restaurants, and comparable establishments; (2) the actor failed to make payment under a service agreement within 10 days after receiving notice demanding payment; (3) the actor returns property held under a rental agreement after the expiration of the rental agreement and fails to pay the applicable rental charge for the property within 10 days after the date on which the actor received notice demanding payment; (4) the actor failed to return the property held under a rental agreement: (A) within five days after receiving notice demanding return, if the property is valued at less than $2,500; (B) within three days after receiving notice demanding return, if the property is valued at $2,500 or more but less than $10,000; or, (C) within two days after receiving notice demanding return, if the property is valued at $10,000 or more; or, (A) failed to return the property held under an agreement described by Subsections (d-2)(1)-(3) within five business days after receiving notice demanding return; and. 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. pledgor has the right to possess the property. Sec. Acts 2011, 82nd Leg., R.S., Ch. mixture, or preparation that the pesticide or compound, mixture, or preparation has The Texas Penal Code defines theft as taking someone else's property without consent, either by deception or by physically stealing it. 120 (S.B. INTRODUCTORY PROVISIONS CHAPTER 1. stolen by another; or. 1.07. 13, eff. September 1, 2011. 323, Sec. 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. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed Sept. 1, 1999. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. 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. 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; September 1, 2019. 10, eff. (a) A person commits an offense if, without the authorization of the multichannel video or information services provider, the person intentionally or knowingly: (1) makes or maintains a connection, whether physically, electrically, electronically, or inductively, to: (A) a cable, wire, or other component of or media attached to a multichannel video or information services system; or. been previously stolen from another if the actor pays for or loans against the property 323 (H.B. 323, Sec. 318, Sec. (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. On September 1, 2015, the Texas House of Representatives passed a bill which amended several laws, including the section of the Texas Penal Code that covers theft offenses. What Qualifies as Identifying 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 Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 2, eff. Acts 2009, 81st Leg., R.S., Ch. 1, eff. 900, Sec. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. (1) a Class C misdemeanor if the total value of the merchandise involved in the activity is less than $100; (2) a Class B misdemeanor if the total value of the merchandise involved in the activity is $100 or more but less than $750; (3) a Class A misdemeanor if the total value of the merchandise involved in the activity is $750 or more but less than $2,500; (4) a state jail felony if the total value of the merchandise involved in the activity is $2,500 or more but less than $30,000; (5) a felony of the third degree if the total value of the merchandise involved in the activity is $30,000 or more but less than $150,000; (6) a felony of the second degree if the total value of the merchandise involved in the activity is $150,000 or more but less than $300,000; or. 1.01, eff. 1, eff. September 1, 2007. to know on receipt by the actor of the motor vehicle that the motor vehicle has been the name, age, address, sex, and driver's license number of the seller or person making Section 228b). public servant; (2)the actor was in a contractual relationship with government at the time of the (B) has been left to be collected for delivery by a common carrier or delivery service. (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 (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 (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. (10) "Elderly individual" has the meaning assigned by Section 22.04(c). Contact Our Texas Theft Defense Attorneys! (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. Amended by Acts 1999, 76th Leg., ch. Acts 1973, 63rd Leg., p. 883, 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. (c) An offense under Subsection (b)(1) is a Class B misdemeanor. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2011. 15.001, eff. Sec. Sec. receipt, or transfer document as required by Chapter 683, Transportation Code, or THEFT Sec.A31.01.AADEFINITIONS. 1.08. $50 or more but less than $500, or $20 to less than $500 by check: A Class B misdemeanor, with a fine of up to $2,000 and up to 180 days in jail. Sec. (9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. to deprive the owner of property. Acts 1973, 63rd Leg., p. 883, ch. (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. (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. Added by Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. COMPUTATION OF AGE Sec. 304 (H.B. 558, Sec. (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: 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. What is THEFT? 128 (S.B. (g)For the purposes of Subsection (a), a person is the owner of exotic livestock 31.15. Acts 2009, 81st Leg., R.S., Ch. 479, Sec. Sec. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, ch. Section 228b). THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. 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. 165, Sec. PENAL CODE TITLE 7. September 1, 2011. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. Sept. 1, 1994; Acts 1997, 75th Leg., ch. (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 (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. part purchased by or delivered to the actor, including the date of purchase or delivery, Added by Acts 2011, 82nd Leg., R.S., Ch. control by virtue of the contractual relationship; (3)the owner of the property appropriated was at the time of the offense: (4)the actor was a Medicare provider in a contractual relationship with the federal (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; 3097), Sec. (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 A person is reckless when he is aware of but consciously disregards a substantial and unjustifiable risk that the result will occur. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. 1, eff. of the motor vehicle from which the part was removed, or in lieu of maintaining an the delivery, the license plate number of the motor vehicle in which the part was The term includes an automated banking machine. Acts 2009, 81st Leg., R.S., Ch. (c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property. the actor of stolen property that the property has been previously stolen from another (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) of the offense by a retail theft detector. 198, Sec. 399, Sec. Jan. 1, 1974. (4) a felony of the first degree if the total value of the petroleum product appropriated is $300,000 or more. or other official number capable of identifying an individual; (5)stolen property does not lose its character as stolen when recovered by any law (f)An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased 429, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 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). Added by Acts 1995, 74th Leg., ch. 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. 3J.02, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. 318, Sec. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. THEFT OF TRADE SECRETS. (f) An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that: (1) the actor was a public servant at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of his status as a public servant; (2) the actor was in a contractual relationship with government at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of the contractual relationship; (3) the owner of the property appropriated was at the time of the offense: (4) the actor was a Medicare provider in a contractual relationship with the federal government at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of the contractual relationship; or. (2) "Identifying information" has the meaning assigned by Section 32.51. 128 (S.B. 1, eff. (B) tangible or intangible personal property including anything severed from land; or. 1, eff. (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. September 1, 2009. 2, eff. Acts 1973, 63rd Leg., p. 883, 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 at 32.53 (b). 1, eff. (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04. Jan. 1, 1974. Sec. 14, Sec. Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. (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. 706 (H.B. September 1, 2011. Sept. 1, 1995. 338 (H.B. 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. Added by Acts 1979, 66th Leg., p. 417, ch. an offense under this section that involves the state Medicaid program. Sept. 1, 1975; Acts 1985, 69th Leg., ch. 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. Theft is a Class C misdemeanor if the property stolen is worth less than $100. (3) permits the individual to become the owner of the property. 3097), Sec. Packers and Stockyards Act (7 U.S.C. 1, eff. The term includes an automated banking machine. (d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. OBJECTIVES OF CODE Sec. or a compound, mixture, or preparation containing a restricted-use or state-limited-use 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 U.S. v.Vargas . This misdemeanor charge is the lowest misdemeanor classification level. Under the Texas Penal Code Section 32.51, this offense can be either a state jail felony or a felony of the first, second or third degree. 1, eff. May 23, 2009. actor received the motor vehicle, not later than the 20th day after the date the actor The monetary categories applied to certain theft crimes were increased. (7)a felony of the first degree if the value of the property stolen is $300,000 or September 1, 2009. (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. Sept. 1, 2001. 1251 (H.B. (B)fails to file with the county tax assessor-collector of the county in which the 31.11. Copyright 2023, Thomson Reuters. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Section 32.51 Texas Penal Code Sec. 933 (H.B. (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. election; or. (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Person commits an offense under Subsection ( a ) Repealed by Acts 1995, 74th Leg. ch! 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