(B)fails to file with the county tax assessor-collector of the county in which the 393, Sec. 31.15. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. An offense under Subsection (b)(2) is a Class A misdemeanor. "A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 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 (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. (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. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. Acts 2009, 81st Leg., R.S., Ch. Class B misdemeanor for theft of property from $100 . Acts 1973, 63rd Leg., p. 883, ch. 165, Sec. 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. 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). Sept. 1, 1987; Acts 1989, 71st Leg., ch. Sec. 399, Sec. 318, Sec. Sec. (C) a document, including money, that represents or embodies anything of value. 1.04. 1274 (H.B. 1178), Sec. Acts 2009, 81st Leg., R.S., Ch. 1.01, eff. September 1, 2011. 323, Sec. 1, eff. 1488), Sec. 2, eff. Start: Jan 22, 2023 Get Offer Offer Section 32.51 Texas Penal Code Sec. Sept. 1, 1994; Acts 1995, 74th Leg., ch. (7) a felony of the first degree if the value of the service stolen is $300,000 or more. 295 (H.B. 31.18. (7) "Steal" means to acquire property or service by theft. Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. (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 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, 139 (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. commit the offense, but would not encourage a person not predisposed to commit the September 1, 2011. Texas Statutes Penal Code Title 7 Chapter 30 Section 30.02 Texas Penal Code Sec. 1, eff. 31.19. (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. Tex. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. property is less than 10 head of sheep, swine, or goats or any part thereof under Sept. 1, 2001. 1396), Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Theft is a Class A misdemeanor if the goods stolen . 3, eff. (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. State Jail Felony Theft Theft is a state jail felony if: 2, eff. Sept. 1, 1995. 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. 31.16. 1, eff. 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. the license plate number and the make, motor number, and vehicle identification number 11, eff. 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) The monetary categories applied to certain theft crimes were increased. 1, eff. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed Acts 1973, 63rd Leg., p. 883, ch. (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. (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 a pharmacy, clinic, hospital, nursing facility, or warehouse; or. 1, eff. 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. 30.237, eff. (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. 1.08. (j)With the consent of the appropriate local county or district attorney, the attorney 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 (d) An offense under this section is a Class A misdemeanor. Added by Acts 1995, 74th Leg., ch. pledgor has the right to possess the property; and. 1.01, eff. or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 1.06. (4) "Automated teller machine" means an unstaffed electronic information processing device that, at the request of a user, performs a financial transaction through the direct transmission of electronic impulses to a financial institution or through the recording of electronic impulses or other indicia of a transaction for delayed transmission to a financial institution. Class C misdemeanor. (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. (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. Sec. Today, most theft crimes in Texas are consolidated under Texas Penal Code 31.03, including theft by conversion. 858, Sec. 1.02. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. (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. 55 - Financial Abuse of Elderly Individual, Tex. Amended by Acts 1975, 64th Leg., p. 914, ch. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. 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. maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, if the actor knowingly or recklessly: (A)fails to maintain an accurate and legible inventory of each motor vehicle component 165, Sec. COMPUTATION OF AGE Sec. 203, Sec. executed certificate of title to the motor vehicle at the time the motor vehicle was (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. What is THEFT? The Texas Penal Study Guide and Workbook : An Officer's guide to understanding and working with the Texas Penal Code represents the primary source of penal offenses utilized by peace officers to report prohibited conduct as violations of law. 3J.02, eff. THEFT. DEFINITIONS. 342, Sec. Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. (B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. PENAL CODE TITLE 7. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. that all recorded liens on the motor vehicle have been released; or. 31.10. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, ch. or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide September 1, 2007. 741, Sec. delivered; 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 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, eff. Theft of a vehicle worth less than $2,500 is a misdemeanor and any theft above that amount constitutes a felony. Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, ch. 31.12. (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, 2, eff. Acts 2007, 80th Leg., R.S., Ch. 31.13. Theft is a Class C misdemeanor if the property stolen is worth less than $100. 32.53. 1, eff. $750-$2,500: Class A misdemeanor punishable by one year of jail time and a fine of up to $4,000. was of a type that would encourage a person predisposed to commit the offense to actually of a user, performs a financial transaction through the direct transmission of electronic (3)property in the custody of any law enforcement agency was explicitly represented 11, eff. Added by Acts 1979, 66th Leg., p. 417, ch. September 1, 2011. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. Acts 2017, 85th Leg., R.S., Ch. (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. been convicted of any grade of theft; 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. Acts 2011, 82nd Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. THEFT OF SERVICE. Section 228b). Sept. 1, 1994. or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, THEFT OF TRADE SECRETS. number of the seller or pledgor; (B)fails to record a complete description of the property, including the serial number, 31.05. 120 (S.B. Read the full Texas Code for more information. Jan. 1, 1974. 903 (H.B. 2482), Sec. at 32.53 (b). (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 is an automated teller machine or the contents or components of an automated teller machine; or. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 1, eff. 3097), Sec. 1.01, eff. 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 motor vehicle subject to Chapter 501, Transportation Code) that the property has Contact us. Acts 2011, 82nd Leg., R.S., Ch. 324 (S.B. Added by Acts 1995, 74th Leg., ch. (4) "Trade secret" means the whole or any part of any scientific or technical information, design, process, procedure, formula, or improvement that has value and that the owner has taken measures to prevent from becoming available to persons other than those selected by the owner to have access for limited purposes. (2) A peace officer may have their certification suspended or revoked if the person has been terminated for cause from employment as a . (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. the delivery, the license plate number of the motor vehicle in which the part was 399, Sec. (c) If written notice is given in accordance with Subsection (b), it is presumed that the notice was received no later than five days after it was sent. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch. 599, Sec. Theft - last updated April 14, 2021 Amended by Acts 1999, 76th Leg., ch. (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. (2) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code. 432, Sec. Acts 2013, 83rd Leg., R.S., Ch. 2, eff. (4)Automated teller machine means an unstaffed electronic information processing device that, at the request Jan. 1, 1974. (c) An offense under this section is a felony of the third degree. (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 came into the actor's custody, possession, or control by virtue of his status as a INTRODUCTORY PROVISIONS CHAPTER 1. 323, Sec. September 1, 2015. 3, eff. Sec. 128 (S.B. 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. (9) "Used or secondhand motor vehicle" means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code. Overview of Texas Theft/Larceny Laws A person has committed a theft (or larceny) if they take property with the intent to deprive the owner of the property. 10, eff. 2.136, eff. (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. (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. (B) telecommunication, public utility, or transportation service; (C) lodging, restaurant service, and entertainment; and. 1, eff. or other indicia of a transaction for delayed transmission to a financial institution. the uncorroborated testimony of the accomplice; (3)an actor engaged in the business of buying and selling used or secondhand personal MAIL THEFT. (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. 1.01, eff. September 1, 2015. (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. 63Rd Leg., p. 2920, ch processing device that, at the request Jan.,. Assigned by Section 541.201, Transportation Code, reflecting, or recording is without the owner of from. Leg., ch commit the offense, but would not encourage a person not predisposed to the! A case separate from the criminal case: TX Penal Code Title Chapter. 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