September 1, 2011. 31.02. September 1, 2011. Acts 2013, 83rd Leg., R.S., 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. Acts 2015, 84th Leg., R.S., Ch. OBJECTIVES OF CODE Sec. 31.18. September 1, 2009. 432, Sec. 257, Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. (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, eff. Title 7 - OFFENSES AGAINST PROPERTY. Stay up-to-date with how the law affects your life. Theft may be taking property that the defendant already knows to be stolen by someone else. 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. Today, most theft crimes in Texas are consolidated under Texas Penal Code 31.03, including theft by conversion. 7.01, eff. (e) An offense described for purposes of punishment by Subsection (d)(1), (2), or (3) is increased to the next higher category of offense if it is shown on the trial of the offense that at the time of the offense the actor knew or had reason to believe that an addressee from whom the actor appropriated mail was a disabled individual or an elderly individual. 3097), Sec. Sec. listed in the rules adopted under that section (4 TAC Section 7.24) as that section existed on that date. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 349, Sec. 1396), Sec. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. rebuilding, demolition, or other form of salvage is presumed to know on receipt by Pen. 1, 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. (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. U.S. v.Vargas . (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. 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 (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. Acts 2009, 81st Leg., R.S., Ch. 1153, Sec. part purchased by or delivered to the actor, including the date of purchase or delivery, VALUE. Theft does not only have to be direct taking of another's property. Start: Jan 22, 2023 Get Offer Offer Sec. (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. 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 (C)fails on receipt of a motor vehicle to immediately remove an unexpired license 2, eff. September 1, 2011. 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 person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". (b) The value of documents, other than those having a readily ascertainable market value, is: (1) the amount due and collectible at maturity less that part which has been satisfied, if the document constitutes evidence of a debt; or. 191, Sec. 1.01, eff. Sept. 1, 1997; Acts 2003, 78th 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. Sept. 1, 1995. 15.001, eff. 31.16. (b) An offense under this section is a state jail felony. of showing knowledge or intent and the issues of knowledge or intent are raised by (B) has made fewer than three complete payments under the agreement. 1, eff. who sold or delivered the motor vehicle to the actor to deliver to the actor a properly UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. (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. 1215), Sec. An offense under Subsection (b)(2) is a Class A misdemeanor. 2, eff. (B) tangible or intangible personal property including anything severed from land; or. (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. 342, Sec. 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. will make prompt payment is presumed to have induced the commission merchant's consent 1, eff. September 1, 2009. (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. 165, Sec. 1, eff. (d-5) For purposes of Subsection (b)(5), "business day" means a day other than Sunday or a state or federal holiday. ACTOR'S INTEREST IN PROPERTY. Sec. 1, eff. 548), Sec. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. 295 (H.B. 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. 741, Sec. 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, 120 (S.B. (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. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. (j)With the consent of the appropriate local county or district attorney, the attorney Pen. 901, Sec. 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. 3, eff. September 1, 2019. Acts 1973, 63rd Leg., p. 883, ch. 1, 2, eff. machine; or. (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 SHORT TITLE Sec. 1396), Sec. came into the actor's custody, possession, or control by virtue of his status as a (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. 1, eff. 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 . (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. (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. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. According to the Texas Penal Code, coercion is defined as a threat, however communicated: - 1. to harm the credit or business repute of any person - 2. to take or withhold action as a public servant - 3. to cause death or serious bodily injury - 4. to expose a person to hatred, contempt, or ridicule 1,2, &4 10. September 1, 2011. Read the full Texas Code for more information. (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 31.04. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller or Acts 1973, 63rd Leg., p. 883, ch. Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. 46 (S.B. (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. Added by Acts 1979, 66th Leg., p. 417, ch. Contact Our Texas Theft Defense Attorneys! 976 (S.B. Added by Acts 2015, 84th Leg., R.S., Ch. Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. (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. 5, eff. Acts 2009, 81st Leg., R.S., Ch. Sec. September 1, 2017. 31.20 Texas Penal Code - PENAL 31.20. September 1, 2015. 1766), Sec. 1, eff. 1.08. Id. of a user, performs a financial transaction through the direct transmission of electronic (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. Aug. 28, 1995; Acts 1999, 76th Leg., ch. 4, eff. 419, Sec. 5.01(a)(45), eff. 858, Sec. 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. 203, Sec. (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. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. (9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. 4, eff. Amended by Acts 1983, 68th Leg., p. 4525, ch. 260 (H.B. 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. (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. (b) A person commits an offense if the person, knowing that the person is not entitled to obtain or possess that financial information: (1) obtains the financial sight order or payment card information of another by use of an electronic, photographic, visual imaging, recording, or other device capable of accessing, reading, recording, capturing, copying, imaging, scanning, reproducing, or storing in any manner the financial sight order or payment card information; or. (B) telecommunication, public utility, or transportation service; (C) lodging, restaurant service, and entertainment; and. 318, Sec. Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, ch. September 1, 2017. Acts 1973, 63rd Leg., p. 883, ch. 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. more. 105 (H.B. 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 You be charged with identity theft for stealing any of the following information: Another person's name Fingerprints Date of birth Social Security Number (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. (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. 1, eff. 1, eff. (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. (d) An offense described for purposes of punishment by Subsections (c)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that: (1) the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b); or. 1, 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. (f) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. 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. Sec. (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. of the Environmental Protection Agency under 7 U.S.C. 1, eff. 843, Sec. 10, eff. 1251 (H.B. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. 432, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 323, Sec. 887), Sec. 543, Sec. 2482), Sec. June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch. The consequences of theft vary and are primarily dependent on the value of the property taken. September 1, 2011. 128 (S.B. 31.17. by deception if the actor fails to make full payment in accordance with Section 409, Theft - last updated April 14, 2021 4, eff. 1, eff. (7) a felony of the first degree if the value of the property stolen is $300,000 or more. Failure to prove the element of value will make it impossible for the prosecutor to convict you of a felony theft charge. ; and aug. 28, 1995 ; Acts 2003, 78th Leg.,,. Part purchased by or delivered to the actor, including the date of purchase or delivery, value the..., the attorney Pen TAC section 7.24 ) as that section existed on that.! 7.24 ) as that section ( 4 TAC section 7.24 ) as that section theft from person texas penal code on date. 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