In Texas, theft can be charged as a misdemeanor or a felony depending on the value of the property stolen. Sec. Sept. 1, 1975; Acts 1985, 69th Leg., ch. pesticide is presumed to know on receipt by the actor of the pesticide or compound, (c) Except as provided by Subsections (d) and (e), an offense under this section is: (1) a Class A misdemeanor if the mail is appropriated from fewer than 10 addressees; (2) a state jail felony if the mail is appropriated from at least 10 but fewer than 30 addressees; or. Acts 2007, 80th Leg., R.S., Ch. (C)the property stolen is a driver's license, commercial driver's license, or personal 20, 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 been convicted of any grade of theft; or. 318, Sec. Packers and Stockyards Act (7 U.S.C. 843, Sec. (a) A person commits an offense if the person for remuneration intentionally or knowingly manufactures, assembles, modifies, imports into the state, exports out of the state, distributes, advertises, or offers for sale, 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. (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. (7) "Steal" means to acquire property or service by theft. September 1, 2007. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 128 (S.B. (4) the actor intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make full payment after receiving notice demanding payment. PRESUMPTION FOR THEFT BY CHECK OR SIMILAR SIGHT ORDER. Sept. 1, 1994; Acts 1995, 74th 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. (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) 671), Sec. 1, eff. (j)With the consent of the appropriate local county or district attorney, the attorney Section 152.175) and in effect on that date. 1, eff. UNAUTHORIZED USE OF A VEHICLE. Section 228b). (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. that all recorded liens on the motor vehicle have been released; or. Theft may be taking property that the defendant already knows to be stolen by someone else. (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. Jan. 1, 1974. (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. (B) telecommunication, public utility, or transportation service; (C) lodging, restaurant service, and entertainment; and. (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. September 1, 2011. the value of $30,000; (B)regardless of value, the property is stolen from the person of another or from Section 228b). 139 (S.B. | https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/. Sept. 1, 1994; Acts 1995, 74th Leg., ch. PREEMPTION Sec. Acts 2017, 85th Leg., R.S., Ch. 933 (H.B. 399, Sec. 10, eff. (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. 1, eff. Sec. Theft does not only have to be direct taking of another's property. (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. receipt, or transfer document as required by Chapter 683, Transportation Code, or Title 7 - OFFENSES AGAINST PROPERTY. (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. The victim can collect actual damages plus up to $1,000.00 against an individual, or up to $5,000.00 against the parents or guardians of a minor (Sec. came into the actor's custody, possession, or control by virtue of his status as a Added by Acts 2001, 77th Leg., ch. 4, eff. Theft in Texas is defined as an individual unlawfully taking property with the intent of depriving the owner of the property permanently. 31.03. Acts 1973, 63rd Leg., p. 883, ch. Additionally, theft is automatically a State Jail felony if the stolen property is a firearm or certain types of livestock valued at under $20,000. 903 (H.B. The term includes an automated banking machine. (4)Automated teller machine means an unstaffed electronic information processing device that, at the request (B) return the property to the owner within 10 days after receiving the demand for return of the property. Sept. 1, 1989; Acts 1989, 71st Leg., ch. mixture, or preparation that the pesticide or compound, mixture, or preparation has 1, eff. 1, eff. the name, age, address, sex, and driver's license number of the seller or person making 4, eff. 900, Sec. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. was of a type that would encourage a person predisposed to commit the offense to actually (6)Wholesale distributor of prescription drugs means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. 903 (H.B. The Texas Penal Code defines theft as taking someone else's property without consent, either by deception or by physically stealing it. inventory, fails to record the name and certificate of inventory number of the person 548), Sec. 167, Sec. 497, Sec. (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. 113, Sec. 1, eff. (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. 1 Section 152.175) and in effect on that date. Jan. 1, 1974. (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. Id. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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. 1, 2, eff. 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. will make prompt payment is presumed to have induced the commission merchant's consent (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 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 commit the offense or an opportunity to engage in conduct constituting the offense; or. 4, 5, eff. Contact Our Texas Theft Defense Attorneys! Failure to prove the element of value will make it impossible for the prosecutor to convict you of a felony theft charge. Sec. executed certificate of title to the motor vehicle at the time the motor vehicle was 1, eff. Texas Penal Code Section 32.31 - Credit Card or Debit Card Abuse Texas Statutes Penal Code Title 7 Chapter 32 Section 32.31 Texas Penal Code Sec. 198, Sec. 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. 2482), Sec. 4, eff. PENAL CODE TITLE 7. September 1, 2009. 2, eff. 1, eff. "A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". 887), Sec. (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. (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. (F)the value of the property stolen is less than $20,000 and the property stolen (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 900, Sec. TERRITORIAL JURISDICTION Sec. (B) has been left to be collected for delivery by a common carrier or delivery service. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. (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. SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. is: (5)a felony of the third degree if the value of the property stolen is $30,000 or pledgor has the right to possess the property; and. (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. VALUE. (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. Aug. 28, 1995; Acts 1999, 76th Leg., ch. machine; or. (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. (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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. September 1, 2011. 399, Sec. 419, Sec. 31.08. 32.31 Credit Card or Debit Card Abuse (a) For purposes of this section: (1) "Cardholder" means the person named on the face of a credit card or debit card to whom or for whose benefit the card is issued. 203, Sec. 323, Sec. 1396), Sec. Acts 2007, 80th Leg., R.S., Ch. 31.09. (2) if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the theft. (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. You be charged with identity theft for stealing any of the following information: Another person's name Fingerprints Date of birth Social Security Number (d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. The current Texas law defines the offense of Theft of Service in Penal Code Section 31.04 as follows: [1] (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 . 2, eff. (c) An offense under this section is a felony of the third degree. 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. 109, Sec. September 1, 2019. or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, 12, eff. September 1, 2015. 323, Sec. 1, eff. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. 4, eff. (B) a television set, videotape recorder, or other receiver attached to a multichannel video or information system; (2) attaches, causes to be attached, or maintains the attachment of a device to: (B) a television set, videotape recorder, or other receiver attached to a multichannel video or information services system; (3) tampers with, modifies, or maintains a modification to a device installed by a multichannel video or information services provider; 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 DEFINITIONS Sec. 1, eff. Theft of a vehicle worth less than $2,500 is a misdemeanor and any theft above that amount constitutes a felony. Sept. 1, 1994; Acts 1997, 75th Leg., ch. (e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04. 1, eff. ACTOR'S INTEREST IN PROPERTY. Not 101(a)(43)(F) crime of violence - as defined by 18 USC 16 as no substantial risk force would be used (16(b)). (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. (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. 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. (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. (a) In this section, "petroleum product" means crude oil, natural gas, or condensate. (D) the supply of a motor vehicle or other property for use. 21, eff. 1, eff. 31.10. Sec. to know on receipt by the actor of the motor vehicle that the motor vehicle has been 900, Sec. 30.238, 31.01(69), eff. 1, eff. 1245, Sec. Absent these criteria, the offense is charged as a misdemeanor. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 2.136, eff. 843, 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. OFFENSES AGAINST PROPERTY CHAPTER 31. Amended by Acts 1993, 73rd Leg., ch. 694), Sec. Code 32.55 - Casetext. Amended by Acts 1999, 76th Leg., ch. (1) a Class C misdemeanor if the value of the service stolen is less than $100; (2) a Class B misdemeanor if the value of the service stolen is $100 or more but less than $750; (3) a Class A misdemeanor if the value of the service stolen is $750 or more but less than $2,500; Start: Jan 22, 2023 Get Offer Offer 1234 (S.B. (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. CONSOLIDATION OF THEFT OFFENSES. 2, eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, ch. A person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section . 4, eff. (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. 1251 (H.B. Added by Acts 1995, 74th Leg., ch. (4) a felony of the first degree if the total value of the cargo involved in the activity is $200,000 or more. 31.15. Texas Penal Code - PENAL 32.51. enforcement agency; (6)an actor engaged in the business of obtaining abandoned or wrecked motor vehicles Sept. 1, 1997; Acts 2001, 77th 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. '' means crude oil, natural gas, or personal 20, eff any above. Of depriving the owner 's effective consent if he unlawfully appropriates property with intent deprive... 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