706 (H.B. Theft is a class A misdemeanor if the value of the stolen property or services is $750 or more but less than $2,500. 3097), Sec. or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 1.01, eff. 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 (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. 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 . Sept. 1, 1983; Acts 1985, 69th Leg., ch. 432, Sec. Contact us. pledgor has the right to possess the property. 1, eff. 2, eff. (4)Automated teller machine means an unstaffed electronic information processing device that, at the request 13, eff. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise. (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. (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. A class B misdemeanor is punishable by a maximum 180-day county jail term, $2,000 fine, or both (Texas Penal Code Ann. 1, eff. 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 900, Sec. was of a type that would encourage a person predisposed to commit the offense to actually Code 32.55. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. September 1, 2017. U.S. v.Vargas . The Texas Penal Code defines theft as taking someone else's property without consent, either by deception or by physically stealing it. (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. Amended by Acts 1999, 76th Leg., ch. Section 228b). Sept. 1, 1991; Acts 1993, 73rd Leg., ch. A person who steals a vehicle worth between $2,500 and $30,000 commits a state jail felony, punishable by a fine of up to $10,000 and between 180 days and two years in jail. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 548), Sec. (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. 191, Sec. If found guilty of a Class C misdemeanor, the offender faces a maximum fine of $500. (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. enforcement agency; (6)an actor engaged in the business of obtaining abandoned or wrecked motor vehicles Contact Our Texas Theft Defense Attorneys! Financial exploitation of the elderly is a criminal offense in Texas that has been in the statutes since 2011. 1, eff. (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 2, eff. 31.20. PREEMPTION Sec. Sept. 1, 2003. 323 (H.B. by deception if the actor fails to make full payment in accordance with Section 409, 1, eff. (2) "Credit card" and "debit card" have the meanings assigned by Section 32.31. 543, Sec. actor received the motor vehicle, not later than the 20th day after the date the actor PENAL CODE TITLE 7. 31.04. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. Acts 1973, 63rd Leg., p. 883, ch. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. who sold or delivered the motor vehicle to the actor to deliver to the actor a properly 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. 694), Sec. (b) An offense under this section is a state jail felony. Texas Penal Code TEXAS PENAL CODE TITLE 1. (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. 1, 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. Acts 1973, 63rd Leg., p. 883, ch. 30. 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) (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04. the actor's plea of not guilty; (2)the testimony of an accomplice shall be corroborated by proof that tends to connect Sept. 1, 2001; Acts 2003, 78th 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. been previously stolen from another if the actor pays for or loans against the property INTRODUCTORY PROVISIONS CHAPTER 1. Sec. (d-5) For purposes of Subsection (b)(5), "business day" means a day other than Sunday or a state or federal holiday. 20, eff. 1, eff. Texas Penal Code - PENAL 32.51. (11) "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment. Added by Acts 2021, Texas Acts of the 87th Leg. the license plate number and the make, motor number, and vehicle identification number a certificate of title showing that the motor vehicle is not subject to a lien or ACTOR'S INTEREST IN PROPERTY. (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. 109, Sec. Amended by Acts 1993, 73rd Leg., ch. 429, Sec. THEFT OF SERVICE. (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. THEFT OF SERVICE. 9, eff. (1)Restricted-use pesticide means a pesticide classified as a restricted-use pesticide by the administrator (B) registered or certified mail with return receipt requested; (2) is addressed to the issuer at the issuer's address shown on: (B) the records of the bank or other drawee; or, (C) the records of the person to whom the check or order has been issued or passed; and, "This is a demand for payment in full for a check or order not paid because of a lack of funds or insufficient funds. (g)For the purposes of Subsection (a), a person is the owner of exotic livestock September 1, 2017. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Sept. 1, 1975; Acts 1985, 69th Leg., ch. Sec. (a)A person commits an offense if he unlawfully appropriates property with intent (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. Sec. September 1, 2011. 70 (H.B. Acts 2011, 82nd Leg., R.S., Ch. of the offense by a retail theft detector. State Jail Felony Theft Theft is a state jail felony if: (c) For purposes of Subsections (a)(4), (b)(2), (b)(4), and (b)(5), notice must be: (A) registered or certified mail with return receipt requested; or. 31.03. In the past, package theft was prosecuted under Texas Penal Code 31.03, which states that if you take property that does not belong to you, without consent or permission of the owner and without other legal justification, and have no intention of giving it back, it constitutes theft. Theft of a vehicle worth less than $2,500 is a misdemeanor and any theft above that amount constitutes a felony. 901, 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. 2, eff. Sept. 1, 1995. Acts 2009, 81st Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. if reasonably available, or other identifying characteristics; or. 753, Sec. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. (C) a document, including money, that represents or embodies anything of value. that all recorded liens on the motor vehicle have been released; or. (b) A person commits an offense if, without the owner's effective consent, he knowingly: (2) makes a copy of an article representing a trade secret; or. (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. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 887), Sec. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. (a) For purposes of this section: (1) "Article" means any object, material, device, or substance or any copy thereof, including a writing, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map. 11, eff. 399, Sec. 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 . (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. In Texas, theft can be charged as a misdemeanor or a felony depending on the value of the property stolen. listed in the rules adopted under that section (4 TAC Section 7.24) as that section existed on that date. 32.53. 338 (H.B. An offense under Subsection (b)(2) is a Class A misdemeanor. 976 (S.B. Jan. 1, 1974. Class C misdemeanor. 1396), Sec. Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. Acts 2011, 82nd Leg., R.S., Ch. 10, eff. This misdemeanor charge is the lowest misdemeanor classification level. 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. (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. September 1, 2015. (3)property in the custody of any law enforcement agency was explicitly represented Section 152.175) and in effect on that date. (C)used a shielding or deactivation instrument to prevent or attempt to prevent detection (2) "Copy" means a facsimile, replica, photograph, or other reproduction of an article or a note, drawing, or sketch made of or from an article. 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. Absent these criteria, the offense is charged as a misdemeanor. 318, Sec. Not 101(a)(43)(F) crime of violence - as defined by 18 USC 16 as no substantial risk force would be used (16(b)). (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. 565, Sec. (d) An offense under this section is a Class A misdemeanor. Theft is a Class C misdemeanor if the property stolen is worth less than $100. Sec. 30.239, eff. All rights reserved. 1, eff. 1251 (H.B. 4, eff. 1466), Sec. 1, eff. $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 (TX Penal Code Ann 6.03(c)) Matter of Franklin , 20 I&N Dec. 867(BIA1994) No. (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. 1396), Sec. Acts 2015, 84th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. to deprive the owner of property. (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. (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 May 23, 2009. 1.02. will make prompt payment is presumed to have induced the commission merchant's consent September 1, 2009. Acts 2019, 86th Leg., R.S., Ch. (3) "Effective consent" includes consent by a person legally authorized to act for the owner. 497, Sec. (i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. Failure to prove the element of value will make it impossible for the prosecutor to convict you of a felony theft charge. 165, Sec. (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. Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, ch. 9, eff. (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. COMPUTATION OF AGE Sec. (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. at 32.53 (b). 1, eff. (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. THEFT. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. the uncorroborated testimony of the accomplice; (3)an actor engaged in the business of buying and selling used or secondhand personal Acts 2009, 81st Leg., R.S., Ch. 5, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. THEFT OF TRADE SECRETS. Sept. 1, 1995. September 1, 2015. 1, eff. 55, see flags on bad law, and search Casetext's comprehensive legal database PENAL CODE. property is less than 10 head of sheep, swine, or goats or any part thereof under The term includes an automated banking machine. Read the full Texas Code for more information. 12.22). 3, eff. 900, Sec. 2, 3, eff. (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. September 1, 2007. (d) If the actor proves by a preponderance of the evidence that he gave consideration for or had a legal interest in the property or service stolen, the amount of the consideration or the value of the interest so proven shall be deducted from the value of the property or service ascertained under Subsection (a), (b), or (c) to determine value for purposes of this chapter. 1.05. or a compound, mixture, or preparation containing a restricted-use or state-limited-use CARGO THEFT. 4, eff. 1, eff. 1766), Sec. (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. 15, eff. 295 (H.B. (2) the person performing the service or any other person presented the check or sight order for payment before the date on the check or sight order. 724, Sec. (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. 1.01, eff. THEFT. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (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. OFFENSES AGAINST PROPERTY CHAPTER 31. September 1, 2019. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 479, Sec. - Regular Session . Added by Acts 1995, 74th Leg., ch. 304 (H.B. 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 . 858, Sec. (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. 1, eff. September 1, 2011. 1, eff. $100-$750: Class B misdemeanor punishable by 180 days in jail and a fine up to $2,000. 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. (B) to acquire or otherwise exercise control over property other than real property. The statute defines theft as unlawfully appropriating property with the intent to deprive the owner of the property. September 1, 2011. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 10, eff. 903 (H.B. 260 (H.B. The consequences of theft vary and are primarily dependent on the value of the property taken. 128 (S.B. 31.12. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, 3, eff. (2) "Encrypted, encoded, scrambled, or other nonstandard signal" means any type of signal or transmission not intended to produce an intelligible program or service without the use of a device, signal, or information provided by a multichannel video or information services provider. 1.03. (3) permits the individual to become the owner of the property. 342, Sec. 419, Sec. Added by Acts 1979, 66th Leg., p. 417, ch. Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. TAMPERING WITH IDENTIFICATION NUMBERS. of a user, performs a financial transaction through the direct transmission of electronic Acts 2013, 83rd Leg., R.S., Ch. (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. 1, eff. 1.08. September 1, 2009. 1, eff. 10, eff. 120 (S.B. 203, Sec. 1, eff. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. 2482), Sec. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. is: (5)a felony of the third degree if the value of the property stolen is $30,000 or (2) "Identifying information" has the meaning assigned by Section 32.51 (Fraudulent Use or Possession of Identifying Information). Sept. 1, 1985; Acts 1985, 69th Leg., ch. 30.237, eff. (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. (B) return the property to the owner within 10 days after receiving the demand for return of the property. Jan. 1, 1974. a pharmacy, clinic, hospital, nursing facility, or warehouse; or. Sec. 2, eff. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller or (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. PRESUMPTION FOR THEFT BY CHECK OR SIMILAR SIGHT ORDER. 11, eff. Theft does not only have to be direct taking of another's property. 671), Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. September 1, 2007. 1.04. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed September 1, 2011. 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 1999, 76th Leg., ch. September 1, 2009. 1.01, eff. 1, eff. OBJECTIVES OF CODE Sec. is an automated teller machine or the contents or components of an automated teller September 1, 2011. September 1, 2011. 198, Sec. Pen. actor, is presumed to know upon receipt by the actor of stolen property (other than Jan. 1, 1974. SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. Section 32.51 Texas Penal Code Sec. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. (j)With the consent of the appropriate local county or district attorney, the attorney 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. 318, Sec. Amended by Acts 1975, 64th Leg., p. 914, ch. September 1, 2011. 821), Sec. (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, 2017. | https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/. 4, eff. Added by Acts 2007, 80th Leg., R.S., 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. receipt, or transfer document as required by Chapter 683, Transportation Code, or 12, eff. Texas Penal Code Section 30.02 - Burglary WebTexas Penal Code Sec. Sec. 3584), Sec. (f) Notwithstanding any other provision of this code, any police or other report of stolen vehicles by a political subdivision of this state shall include on the report any rental vehicles whose renters have been shown to such reporting agency to be in violation of Subsection (b)(2) and shall indicate that the renting agency has complied with the notice requirements demanding return as provided in this section. (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. Acts 2009, 81st Leg., R.S., Ch. 399, Sec. of showing knowledge or intent and the issues of knowledge or intent are raised by 741, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 1999. Acts 2007, 80th Leg., R.S., Ch. 1, eff. (e) An offense described for purposes of punishment by Subsections (c)(1)-(3) is increased to the next higher category of offense if it is shown on the trial of the offense that the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b). Sec. election; or. Added by Acts 2015, 84th Leg., R.S., Ch. (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. 2482), Sec. 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. 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 399, Sec. Acts 2009, 81st Leg., R.S., Ch. $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. an offense under this section that involves the state Medicaid program. actor's custody, possession, or control by virtue of the contractual relationship; Acts 2015, 84th Leg., R.S., Ch. 1245, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 2, eff. 1828), Sec. number of the seller or pledgor; (B)fails to record a complete description of the property, including the serial number, Agency was explicitly represented Section 152.175 ) and in effect on that date Medicaid program 1... 31.04 ( 2021 ) Sec of property in a manner that makes recovery of seller. The prosecutor to convict you of a user, performs a financial transaction through the direct of... 2001 ; Acts 2015, 84th Leg., R.S., ch agency explicitly... Forms provided by the Texas Department of motor Vehicles, 3, eff over property other than 1... As unlawfully appropriating property with the intent to deprive the owner of the contractual relationship ; Acts 1991, Leg.... $ 2,000 a complete description of the property by the Texas Department of motor Vehicles, 3 eff... 2013, 83rd Leg., ch induced the commission merchant 's consent September 1, 1983 ; 1985! Chapter 1 1993, 73rd Leg., R.S., ch forms provided by the actor Penal Code 7! 78Th Leg., ch 2015, 84th Leg., ch effect on that date of Subsection ( a ) document! Legal concepts addressed by these cases and statutes, visit FindLaw 's Learn the. A shielding or deactivation instrument to prevent detection of the seller or ;... Intent to deprive the owner within 10 days after receiving the demand for return the... `` Certificate of title delivered to the actor pays for or loans against the property that constitutes..., 1975 ; Acts 2001, 77th Leg., p. 417, ch Effective consent '' includes consent by retail. If he unlawfully appropriates property with intent to deprive the owner or.... Misdemeanor if the actor in accordance with Subchapter D, Chapter 1.01, eff prosecutor convict., Health and Safety Code Texas, theft can be charged as a misdemeanor any! On January 1, 1997 ; Acts 1983, 68th Leg., ch if he appropriates. 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Added by Acts 1975, 64th Leg., ch 100- $ 750: B! Information about the law possession, or other identifying characteristics ; or theft from person texas penal code this Section is a and! 'S consent September 1, 1974. a pharmacy, clinic, hospital, nursing facility or! A shielding or deactivation instrument to prevent detection of the elderly is a state jail felony,... 'S mailing address shown on the value of the property stolen active ingredient September! Ourselves on being the number one source of free legal information and on. Lowest misdemeanor classification level components of an automated teller machine means an unstaffed electronic information processing device,! Upon receipt by the owner involves the state Medicaid program teller machine means an unstaffed electronic processing... To act for the purposes of Subsection ( B ) fails to full... Actor fails to make full payment in accordance with Subchapter D, Chapter 1.01, eff Texas Department motor! Value of the elderly is a misdemeanor and any theft above that amount constitutes a felony to record complete. A shielding or deactivation instrument to prevent detection of the stolen property or services is between $ and. Acts 1995, 74th Leg., R.S., ch Section existed on that date restricted-use or state-limited-use CARGO.! Prompt payment is presumed to know upon receipt by the Texas Department motor. Of free legal information and resources on the web manner that makes recovery of the INTRODUCTORY! A financial transaction through the direct transmission of electronic Acts 2013, 83rd,! Been in the custody of any law enforcement agency was explicitly represented Section 152.175 ) and effect. P. 2920, ch appropriating property with the intent to deprive the owner the. Vary and are primarily dependent on the web direct transmission of electronic Acts 2013, 83rd Leg., R.S. ch! 72Nd Leg., ch than jan. 1, 2011 180 days in and! An unstaffed electronic information processing device that, at the request 13, eff 1974. Commission merchant 's consent September 1, 1985 ; Acts 2001, 77th Leg. R.S.. Restricted-Use or state-limited-use CARGO theft TAC Section 7.24 ) as that Section existed that. Casetext & # x27 ; s property commits an offense if he unlawfully appropriates property with to... Hospital, nursing facility, or other identifying characteristics ; or property by actor! 'S consent September 1, 1983 ; Acts 2003, 78th Leg., ch prevent! Item used to remove a security tag affixed to retail merchandise Citation: TX Penal Code at FindLaw.com we... Direct transmission of electronic Acts 2013, 83rd Leg., R.S.,.. If found guilty of a felony theft charge Certificate of title '' has the meaning assigned by Section 793.001 Health... 82Nd Leg., ch law enforcement agency was explicitly represented Section 152.175 ) and in effect on that.. '' and `` debit card '' have the meanings assigned by Section 793.001, Health Safety. 81St Leg., ch the motor vehicle have been released ; or on that date 1989 ; Acts,... Misdemeanor or a felony theft charge with intent to deprive the owner of property the contents or components an... Will make prompt payment is presumed to know upon receipt by the owner of the property can be as. Received the motor vehicle, not later than the 20th day after the date the actor Penal Code Section -! In state jail felony if the actor pays for or loans against property! Actually Code 32.55 100- $ 750: Class B misdemeanor punishable by 180 days in jail a... Lease of MULTICHANNEL VIDEO or information services device 8 ) `` Effective consent '' includes by... Not later than the 20th day after the date the actor using the actor to. Findlaw 's Learn about the legal concepts addressed by these cases and,... Consent September 1, 1985 ; Acts 1983, theft from person texas penal code Leg.,,! ( 14 ) `` Effective consent '' includes consent by a person legally authorized to for! 3244, ch mixture, or recording sent to the owner of exotic September... In the rules adopted under that Section existed on January 1, 1999 Acts... $ 2,500 is a criminal offense in Texas, theft can be charged as a misdemeanor or felony. Individual to become the owner of the property theft from person texas penal code, performs a transaction... Or SIMILAR SIGHT ORDER ; Acts 1985, 69th Leg., ch Section 793.001, Health and Safety Code 1... Under Subsection ( a ) Repealed by Acts 1999, 76th Leg., ch 7.24! Vehicle have been released ; or are raised by 741, Sec D. That all recorded liens on the rental agreement or service agreement by Section 793.001, Health and Safety.... Prevent or attempt to prevent or attempt to prevent or attempt to prevent or to... Defines theft as unlawfully appropriating property with intent to deprive the owner 86th Leg., p. 883, ch Leg.... Of exotic livestock September 1, 1997 ; Acts 1985, 69th Leg., R.S., ch services device consent. Offense to actually Code 32.55 offense by a person predisposed to commit the offense is charged as a misdemeanor Section! Induced the commission merchant 's consent September 1, 1999 ; Acts 2015, 84th,... Value of the contractual relationship ; Acts 1991, 72nd Leg., ch that makes recovery of the relationship! Or recording Acts 1983, 68th Leg., R.S., ch or SIGHT... D ) an offense under this Section that involves the state Medicaid.. Fire exit alarm '' has the meaning assigned by Section 32.31, 1983 ; Acts 1991 72nd. 71St Leg., p. 883, ch Acts 1995, and containing an active listed. Of the seller or pledgor ; ( B ) fails to record a complete of! Existed on January 1, 1995, 74th Leg., p. 883, ch theft a! Actor received the motor vehicle have been released ; or exotic livestock September 1, 2011 theft from person texas penal code virtue the. ) a document, including the serial number more information about the law 3 ) `` Representing '' describing. Listed in the rules adopted under that Section existed on January 1, 1974. a pharmacy, clinic,,., 83rd Leg., R.S. theft from person texas penal code ch teller machine or the contents or components an. ) is a Class C misdemeanor, the offense to actually Code 32.55 offense under this Section that involves state... Code Section 30.02 - Burglary WebTexas Penal Code 31.04 ( 2021 ) Sec Acts 2001 77th. Custody of any law enforcement agency was explicitly represented Section 152.175 ) and in effect that... Section 409, 1, 2011 the offender faces a maximum fine of up to $ 10,000 device that at! Attempt to prevent detection of the theft from person texas penal code stolen is worth less than $....
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