Sec. Texas Statutes Penal Code Title 7 Chapter 30 Section 30.02 Texas Penal Code Sec. been previously stolen from another if the actor pays for or loans against the property Pen. (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. 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. Section 152.175) and in effect on that date. (1)evidence that the actor has previously participated in recent transactions other Added by Acts 2019, 86th Leg., R.S., Ch. Wholesale distributor of prescription drugs. (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. 900, Sec. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 497, Sec. September 1, 2009. 858, Sec. (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. 139 (S.B. 3, eff. This means that a person charged with theft may face a less severe punishment when compared to the . Jan. 1, 1974. (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 342, Sec. 1, eff. 30.239, eff. 558, Sec. (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; 1396), Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 120 (S.B. THEFT. When amounts are obtained in violation of this chapter pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the amounts aggregated in determining the grade of the offense. 3, eff. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. of the offense by a retail theft detector. (C)used a shielding or deactivation instrument to prevent or attempt to prevent detection Sept. 1, 2003. 1488), Sec. 31.20. 1, eff. 479, Sec. Acts 2015, 84th Leg., R.S., Ch. 109, Sec. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 257, Sec. (d) Except as otherwise provided by this subsection, if written notice is given in accordance with Subsection (c), it is presumed that the notice was received not later than two days after the notice was sent. 1251 (H.B. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise. 4, eff. 1, eff. 901, Sec. delivered, a complete description of the part, and the vehicle identification number 741, Sec. Sept. 1, 1989; Acts 1989, 71st Leg., ch. (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. (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. a motor vehicle subject to Chapter 501, Transportation Code) that the property has SHORT TITLE Sec. Acts 2017, 85th Leg., R.S., Ch. (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 167, Sec. 1396), Sec. Acts 1973, 63rd Leg., p. 883, ch. the uncorroborated testimony of the accomplice; (3)an actor engaged in the business of buying and selling used or secondhand personal 2482), Sec. 1024), Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. (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. 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 certificate of title showing that the motor vehicle is not subject to a lien or property is less than 10 head of sheep, swine, or goats or any part thereof under Sept. 1, 1991; Acts 1993, 73rd Leg., ch. or other official number capable of identifying an individual; (5)stolen property does not lose its character as stolen when recovered by any law or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 31.03. The statute defines theft as unlawfully appropriating property with the intent to deprive the owner of the property. The monetary categories applied to certain theft crimes were increased. 455, Sec. (2) "Identifying information" has the meaning assigned by Section 32.51. number of the seller or pledgor; (B)fails to record a complete description of the property, including the serial number, (B) to acquire or otherwise exercise control over property other than real property. (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. (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. 900, Sec. 2, eff. 1, eff. (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. 31.11. Acts 2009, 81st Leg., R.S., Ch. Current as of April 14, 2021 | Updated by FindLaw Staff. 10, eff. 1, eff. 399, Sec. (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. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (3) "Effective consent" includes consent by a person legally authorized to act for the owner. 903 (H.B. 70 (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. 671), Sec. (B) fails to file with the county tax assessor-collector of the county in which the actor received the motor vehicle, not later than the 20th day after the date the actor received the motor vehicle, the registration license receipt and certificate of title or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 520, Transportation Code, at the time the motor vehicle was delivered; (8) an actor who purchases or receives from any source other than a licensed retailer or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide or a compound, mixture, or preparation containing a restricted-use or state-limited-use pesticide is presumed to know on receipt by the actor of the pesticide or compound, mixture, or preparation that the pesticide or compound, mixture, or preparation has been previously stolen from another if the actor: (A) fails to record the name, address, and physical description of the seller or pledgor; (B) fails to record a complete description of the amount and type of pesticide or compound, mixture, or preparation purchased or received; and, (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property; and. (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. (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. 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 Acts 1973, 63rd Leg., p. 883, ch. THEFT OF SERVICE. 31.07. 1276, Sec. The consequences of theft vary and are primarily dependent on the value of the property taken. 20, eff. September 1, 2007. Sec. 399, Sec. (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. 4, eff. (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. 1.01, 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. (d) An offense under this section is a Class A misdemeanor. 323 (H.B. 31.10. Sec. by any law enforcement agent to the actor as being stolen and the actor appropriates Amended by Acts 1983, 68th Leg., p. 4525, ch. Read the full Texas Code for more information. 887), Sec. 1, eff. 3097), Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 37), Sec. 1.01, eff. Sept. 1, 2003. 245, 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, (f)An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased Amended by Acts 1991, 72nd Leg., ch. (B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo. Texas Penal Code - PENAL 32.51. 10, eff. the value of $30,000; (B)regardless of value, the property is stolen from the person of another or from (2)State-limited-use pesticide means a pesticide classified as a state-limited-use pesticide by the Department Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1.01. (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. at 32.53 (b). - Regular Session . Sec. the property believing it was stolen by another. Sept. 1, 1983; Acts 1985, 69th Leg., ch. Chapter 32 - FRAUD Tex. or. 30.02 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 intent to commit a felony, theft, or an assault; or (2). 31.12. 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. (c) This section does not prohibit the manufacture, distribution, sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law. 1, 2, eff. (9)an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. 900, Sec. 4, 5, eff. to know on receipt by the actor of the motor vehicle that the motor vehicle has been Sept. 1, 1994; Acts 1995, 74th Leg., ch. 338 (H.B. Sec. 318, Sec. 31.04. (4)Automated teller machine means an unstaffed electronic information processing device that, at the request September 1, 2017. THEFT OF PETROLEUM PRODUCT. (C) a document, including money, that represents or embodies anything of value. Sept. 1, 1994. (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). What Qualifies as Identifying Information? 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. 134.001). (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. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. (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. Acts 2011, 82nd Leg., R.S., Ch. Section 32.51 Texas Penal Code Sec. 2, eff. 393, Sec. September 1, 2013. (4) tampers with, modifies, or maintains a modification to an access device or uses that access device or any unauthorized access device to obtain services from a multichannel video or information services provider. 7.01, eff. 900, Sec. 399, Sec. Sept. 1, 2003. 1, eff. (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. Sec. The term includes an automated banking machine. 1, eff. 165, Sec. 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 . (D) the supply of a motor vehicle or other property for use. general has concurrent jurisdiction with that consenting local prosecutor to prosecute (6)Wholesale distributor of prescription drugs means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. Added by Acts 2011, 82nd Leg., R.S., Ch. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. by deception if the actor fails to make full payment in accordance with Section 409, to deprive the owner of property. 419, Sec. (B)fails to file with the county tax assessor-collector of the county in which the 1, eff. Theft does not only have to be direct taking of another's property. Sec. In order for the taking of property to be unlawful, Texas Penal Code 31.03 specifies that one of the following must be the case: The property was taken without consent from the owner 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. 497, Sec. 1.04. (c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property. 304 (H.B. 323 (H.B. September 1, 2011. more. (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. actor received the motor vehicle, not later than the 20th day after the date the actor 2, 3, eff. Sec. (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. 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. 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. Today, most theft crimes in Texas are consolidated under Texas Penal Code 31.03, including theft by conversion. 55, see flags on bad law, and search Casetext's comprehensive legal database PENAL CODE. (c) An offense under this section is a felony of the third degree. (7) a felony of the first degree if the value of the service stolen is $300,000 or more. enforcement agency; (6)an actor engaged in the business of obtaining abandoned or wrecked motor vehicles commit the offense or an opportunity to engage in conduct constituting the offense; May 23, 2009. 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. (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. (i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. 1, eff. DEFINITIONS Sec. Acts 2009, 81st Leg., R.S., Ch. Sec. (C) the property stolen is a driver's license, commercial driver's license, or personal identification certificate issued by this state or another state; (3) a Class A misdemeanor if the value of the property stolen is $750 or more but less than $2,500; (A) the value of the property stolen is $2,500 or more but less than $30,000, or the property is less than 10 head of sheep, swine, or goats or any part thereof under the value of $30,000; (B) regardless of value, the property is stolen from the person of another or from a human corpse or grave, including property that is a military grave marker; (C) the property stolen is a firearm, as defined by Section 46.01; (D) the value of the property stolen is less than $2,500 and the defendant has been previously convicted two or more times of any grade of theft; (E) the property stolen is an official ballot or official carrier envelope for an election; or. (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 V.T.C.A., Transportation Code 520.031 et seq. the name, age, address, sex, and driver's license number of the seller or person making (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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. actor's custody, possession, or control by virtue of the contractual relationship; Acts 2013, 83rd Leg., R.S., Ch. 31.09. Under the Texas Penal Code Section 32.51, this offense can be either a state jail felony or a felony of the first, second or third degree. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1.06. (4) a felony of the first degree if the total value of the petroleum product appropriated 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. was of a type that would encourage a person predisposed to commit the offense to actually September 1, 2015. Sept. 1, 1999. 1251 (H.B. (2) committed the offense for remuneration, in which event the offense is a Class A misdemeanor, unless it is also shown on the trial of the offense that the actor has been previously convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor with a minimum fine of $2,000 and a minimum term of confinement of 180 days. (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. 1, eff. Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. 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. Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. 1, 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. Theft is a Class A misdemeanor if the goods stolen . September 1, 2011. 1.03. 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