1, eff. Acts 1973, 63rd Leg., p. 883, ch. Theft is a Class C misdemeanor if the property stolen is worth less than $100. (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. 31.18. Sec. 2, eff. Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, ch. 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. (3) a felony of the third degree if the mail is appropriated from 30 or more addressees. (a) (1) A certified peace officer shall have their certification revoked if the person is or has become ineligible to hold office as a peace officer pursuant to Section 1029 of the Government Code. 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 a certificate of title showing that the motor vehicle is not subject to a lien or 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 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 1276, Sec. 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 167, Sec. VALUE. Not 101(a)(43)(F) crime of violence - as defined by 18 USC 16 as no substantial risk force would be used (16(b)). CONSTRUCTION OF CODE Sec. 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 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 (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, 2011. Sept. 1, 1994; Acts 1997, 75th Leg., ch. an offense under this section that involves the state Medicaid program. What Qualifies as Identifying Information? 419, Sec. 1, eff. 903 (H.B. Penal Code Ann. 1, eff. 323 (H.B. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller or the property believing it was stolen by another. U.S. v.Vargas . (C)fails to obtain a signed warranty from the seller or pledgor that the seller or Pen. 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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 284(80), 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. 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 1, eff. Sec. (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. to the next higher category of offense if it is shown on the trial of the offense 1163), Sec. (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04. 753, Sec. Acts 2019, 86th Leg., R.S., Ch. V.T.C.A., Transportation Code 520.031 et seq. Packers and Stockyards Act (7 U.S.C. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 3, eff. UNAUTHORIZED USE OF A VEHICLE. 558, Sec. Amended by Acts 1975, 64th Leg., p. 914, ch. Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. (2) transfers to a third party information obtained as described by Subdivision (1). (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Added by Acts 1995, 74th Leg., ch. 858, Sec. 1, eff. 843, Sec. 1, eff. 1, eff. Current as of April 14, 2021 | Updated by FindLaw Staff. if the actor knowingly or recklessly: (A)fails to maintain an accurate and legible inventory of each motor vehicle component September 1, 2007. 1396), Sec. 706 (H.B. Sept. 1, 1991; Acts 1993, 73rd 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. (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. 900, Sec. or evidence of title delivered to the actor in accordance with Subchapter D, Chapter (B) has been left to be collected for delivery by a common carrier or delivery service. 1251 (H.B. than, but similar to, that which the prosecution is based is admissible for the purpose (C)used a shielding or deactivation instrument to prevent or attempt to prevent detection The consequences of theft vary and are primarily dependent on the value of the property taken. (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. 1, eff. (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. Amended by 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. 1, eff. 1219 (S.B. Sec. 1.06. Acts 2011, 82nd Leg., R.S., Ch. 109, Sec. inventory, fails to record the name and certificate of inventory number of the person Acts 2011, 82nd Leg., R.S., Ch. 31.20 Texas Penal Code - PENAL 31.20. 31.14. or. Section 152.175) and in effect on that date. 1, eff. DEFINITIONS. (3)the actor was solicited to commit the offense by a peace officer, and the solicitation 2, eff. Sec. 1, eff. (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. (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. 1153, Sec. 245, Sec. 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 Acts 1973, 63rd Leg., p. 883, ch. September 1, 2009. having an aggregate value of less than $150,000; or. (2) A peace officer may have their certification suspended or revoked if the person has been terminated for cause from employment as a . (10) "Elderly individual" has the meaning assigned by Section 22.04(c). 1, eff. (d-5) For purposes of Subsection (b)(5), "business day" means a day other than Sunday or a state or federal holiday. 1871), Sec. (3) "Multichannel video or information services provider" means a licensed cable television system, video dialtone system, multichannel multipoint distribution services system, direct broadcast satellite system, or other system providing video or information services that are distributed by cable, wire, radio frequency, or other media. 741, Sec. Sec. 565, Sec. 323, Sec. Sept. 1, 1994; Acts 1995, 74th Leg., ch. September 1, 2007. in the federal regulations adopted under that law (40 C.F.R. 1, eff. When amounts are obtained in violation of this chapter pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the amounts aggregated in determining the grade of the offense. September 1, 2015. September 1, 2013. (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. Financial exploitation of the elderly is a criminal offense in Texas that has been in the statutes since 2011. 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. (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. Acts 2015, 84th Leg., R.S., Ch. 3584), Sec. September 1, 2015. September 1, 2015. Acts 2009, 81st Leg., R.S., Ch. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. 4, eff. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the 31.04. 1, eff. 318, Sec. Stay up-to-date with how the law affects your life. September 1, 2011. Sept. 1, 1995; Acts 1995, 74th Leg., ch. TAMPERING WITH IDENTIFICATION NUMBERS. Sec. "Theft", as per 31.03 of the Texas Penal Code, occurs when a person unlawfully appropriates property with intent to deprive the owner of property. 4, eff. September 1, 2017. 2524), Sec. 31.02. 55 - Financial Abuse of Elderly Individual, Tex. offense to actually commit the offense. The monetary categories applied to certain theft crimes were increased. 432, Sec. 1, eff. 1766), Sec. 821), Sec. 324 (S.B. (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. 1, eff. COMPUTATION OF AGE Sec. (TX Penal Code Ann 6.03(c)) Matter of Franklin , 20 I&N Dec. 867(BIA1994) No. Sec. 31.08. Section 32.51 Texas Penal Code Sec. Pen. 198, Sec. plate from the motor vehicle, to keep the plate in a secure and locked place, or to 10, eff. If found guilty of a Class C misdemeanor, the offender faces a maximum fine of $500. (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. $750-$2,500: Class A misdemeanor punishable by one year of jail time and a fine of up to $4,000. 399, Sec. impulses to a financial institution or through the recording of electronic impulses THEFT OF TRADE SECRETS. 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) September 1, 2009. the uncorroborated testimony of the accomplice; (3)an actor engaged in the business of buying and selling used or secondhand personal (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. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 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 . September 1, 2011. Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. 399, Sec. 1, eff. machine; 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. 900, Sec. (D) the supply of a motor vehicle or other property for use. Sept. 1, 1987; Acts 1989, 71st Leg., ch. (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. 2, eff. (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. 342, Sec. 399, Sec. Tex. (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, eff. Id. 565, Sec. Added by Acts 2001, 77th Leg., ch. 3, eff. 858, Sec. GENERAL PROVISIONS Sec. Amended by Acts 1999, 76th Leg., ch. 901, 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; 900, Sec. of a user, performs a financial transaction through the direct transmission of electronic 1245, Sec. 14, Sec. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. - Regular Session . (2)State-limited-use pesticide means a pesticide classified as a state-limited-use pesticide by the Department Acts 1973, 63rd Leg., p. 883, ch. (c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property. Texas Statutes Penal Code Title 7 Chapter 30 Section 30.02 Texas Penal Code Sec. 543, Sec. (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. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 1, eff. Class B misdemeanor for theft of property from $100 . Added by Acts 1999, 76th Leg., ch. 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. 1.01, eff. (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 Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. 1 Sept. 1, 1994. 1396), Sec. 497, Sec. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 203, Sec. (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. received the motor vehicle, the registration license receipt and certificate of title Acts 2013, 83rd Leg., R.S., Ch. 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. 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. (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. 165, Sec. PRESUMPTION FOR THEFT BY CHECK OR SIMILAR SIGHT ORDER. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. (A) to bring about a transfer or purported transfer of title to or other nonpossessory interest in property, whether to the actor or another; or. Title 7 - OFFENSES AGAINST PROPERTY. or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. 1, eff. MANUFACTURE, DISTRIBUTION, OR ADVERTISEMENT OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. (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. Sept. 1, 1997. Amended by Acts 1975, 64th Leg., p. 914, ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. Sept. 1, 1979. MAIL THEFT. pesticide is presumed to know on receipt by the actor of the pesticide or compound, (j) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the state Medicaid program. 323, 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. OFFENSES AGAINST PROPERTY CHAPTER 31. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Sept. 1, 1991; Acts 1993, 73rd 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. (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. 3097), Sec. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. (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 323 (H.B. Acts 2017, 85th Leg., R.S., Ch. 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. 2, eff. (1)evidence that the actor has previously participated in recent transactions other Sept. 1, 1995. or other official number capable of identifying an individual; (5)stolen property does not lose its character as stolen when recovered by any law 741, Sec. 113, Sec. (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. (11) "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment. $100-$750: Class B misdemeanor punishable by 180 days in jail and a fine up to $2,000. (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. 599, Sec. or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, Sept. 1, 2003; Acts 2003, 78th Leg., ch. 32.53. Contact us. Acts 2017, 85th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. CARGO THEFT. 4, eff. 479, Sec. Chapter 32 - FRAUD Tex. Acts 2015, 84th Leg., R.S., Ch. 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