Sec. the actor's plea of not guilty; (2)the testimony of an accomplice shall be corroborated by proof that tends to connect 31.13. 1178), Sec. or. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. 11, eff. 4, eff. (12) "Retail theft detector" means an electrical, mechanical, electronic, or magnetic device used to prevent or detect shoplifting and includes any article or component part essential to the proper operation of the device. 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. of license plates kept under this paragraph, including for each plate or set of plates Aug. 28, 1995; Acts 1999, 76th Leg., ch. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. 1, eff. the actor to the crime, but the actor's knowledge or intent may be established by CONSOLIDATION OF THEFT OFFENSES. 46 (S.B. 1.01. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. Section 152.175) and in effect on that date. 1.02. (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). Sept. 1, 2003; Acts 2003, 78th Leg., ch. 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. a certificate of title showing that the motor vehicle is not subject to a lien or 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 . 497, Sec. An offense under Subsection (b)(2) is a Class A misdemeanor. 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. or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, THEFT OF TRADE SECRETS. Added by Acts 1995, 74th Leg., ch. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller or (C)fails on receipt of a motor vehicle to immediately remove an unexpired license 1, eff. (2) "Identifying information" has the meaning assigned by Section 32.51. 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 903 (H.B. 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. Acts 2015, 84th Leg., R.S., Ch. SHORT TITLE Sec. mixture, or preparation that the pesticide or compound, mixture, or preparation has (E) promising performance that is likely to affect the judgment of another in the transaction and that the actor does not intend to perform or knows will not be performed, except that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed. September 1, 2019. by any law enforcement agent to the actor as being stolen and the actor appropriates September 1, 2007. In this chapter: (1)AA"Deception" means: (A)AAcreating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true; general has concurrent jurisdiction with that consenting local prosecutor to prosecute THEFT OF PETROLEUM PRODUCT. (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. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. (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. (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. "A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". Texas theft charges and penalties are as follows: $100 or less: Class C misdemeanor punishable by a $500 fine and no jail time. (B) has been left to be collected for delivery by a common carrier or delivery service. 1, eff. or other official number capable of identifying an individual; (5)stolen property does not lose its character as stolen when recovered by any law 900, Sec. Copyright 2023, Thomson Reuters. Acts 2009, 81st Leg., R.S., Ch. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. (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. Next . 31.04. The monetary categories applied to certain theft crimes were increased. Jan. 1, 1974. (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) MAIL THEFT. (b) A person commits an offense if the person intentionally appropriates mail from another person's mailbox or premises without the effective consent of the addressee and with the intent to deprive that addressee of the mail. 10, eff. OFFENSES AGAINST PROPERTY CHAPTER 31. 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. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. (d) For purposes of Subsection (c), the total value of the cargo involved in the activity includes the value of any vehicle stolen or damaged in the course of the same criminal episode as the conduct that is the subject of the prosecution. 165, Sec. 393, Sec. Theft (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 31.20 Texas Penal Code - PENAL 31.20. (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. 1, eff. (C) a document, including money, that represents or embodies anything of value. is an automated teller machine or the contents or components of an automated teller Sept. 1, 1995; Acts 1997, 75th Leg., ch. (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. Section 228b). (a) If the actor obtained property or secured performance of service by issuing or passing a check or similar sight order for the payment of money, when the issuer did not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders then outstanding, it is prima facie evidence of the issuer's intent to deprive the owner of property under Section 31.03 (Theft) including a drawee or third-party holder in due course who negotiated the check or order or to avoid payment for service under Section 31.04 (Theft of Service) (except in the case of a postdated check or order) if: (1) the issuer had no account with the bank or other drawee at the time the issuer issued the check or sight order; or. 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. 191, Sec. (c) This section does not prohibit the manufacture, distribution, advertisement, offer for sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law. 323 (H.B. 1.01, eff. Acts 2011, 82nd Leg., R.S., Ch. Amended by Acts 1993, 73rd Leg., ch. (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. (B) a reasonable person in the position of the actor would have known that the serial number or other permanent identification marking has been removed, altered, or obliterated. (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. 30.237, eff. (d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. the uncorroborated testimony of the accomplice; (3)an actor engaged in the business of buying and selling used or secondhand personal What is THEFT? SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. 1153, Sec. (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. 399, Sec. Sept. 1, 1989; Acts 1989, 71st Leg., ch. "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. 32.53. Pen. September 1, 2011. (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. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed 198, Sec. 843, Sec. Acts 2011, 82nd Leg., R.S., Ch. 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 September 1, 2015. Sept. 1, 1997; Acts 1997, 75th Leg., ch. The term includes an automated banking machine. than, but similar to, that which the prosecution is based is admissible for the purpose 558, Sec. 10, eff. Sept. 1, 1999. September 1, 2011. September 1, 2007. A shipment is considered to be moving in commerce if the shipment is located at any point between the point of origin and the final point of destination regardless of any temporary stop that is made for the purpose of transshipment or otherwise. (c) An offense under this section is a felony of the third degree. 399, Sec. 31.02. 15.001, 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. the value of $30,000; (B)regardless of value, the property is stolen from the person of another or from 5, eff. Added by Acts 1979, 66th Leg., p. 417, ch. Added by Acts 2021, Texas Acts of the 87th Leg. (7) a felony of the first degree if the value of the service stolen is $300,000 or more. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1, eff. Section 152.175) and in effect on that date. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. - Regular Session . September 1, 2017. 1466), Sec. 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. 3, eff. 2, eff. 120 (S.B. listed in the rules adopted under that section (4 TAC Section 7.24) as that section existed on that date. Sept. 1, 1997; Acts 2003, 78th Leg., ch. (2) transfers to a third party information obtained as described by Subdivision (1). 31.18. 1, eff. 1.08. 284(80), eff. September 1, 2013. 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). Theft in Texas is defined as an individual unlawfully taking property with the intent of depriving the owner of the property permanently. 21, eff. Penalties for different types of theft in Texas include: Less than $50, or less than $20 by check: A Class C misdemeanor, with a fine of up to $500. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. Title 7 - OFFENSES AGAINST PROPERTY. 7.01, eff. THEFT. THEFT Sec.A31.01.AADEFINITIONS. (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. 5, eff. (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. This means that a person charged with theft may face a less severe punishment when compared to the . (3)property in the custody of any law enforcement agency was explicitly represented been convicted of any grade of theft; or. 139 (S.B. 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. September 1, 2009. 1.01, eff. or. Penal Code Ann. Theft is a Class C misdemeanor if the property stolen is worth less than $100. (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. The consequences of theft vary and are primarily dependent on the value of the property taken. 858, Sec. (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. Added by Acts 1995, 74th Leg., ch. 318, Sec. Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, ch. (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. If the value of the property stolen is worth $100 or more, but less than $750, it's a Class B misdemeanor. rebuilding, demolition, or other form of salvage is presumed to know on receipt by 1.06. (e) For the purposes of this section, each connection, attachment, modification, or act of tampering is a separate 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. 455, Sec. On September 1, 2015, the Texas House of Representatives passed a bill which amended several laws, including the section of the Texas Penal Code that covers theft offenses. if reasonably available, or other identifying characteristics; or. 55, see flags on bad law, and search Casetext's comprehensive legal database PENAL CODE. Sept. 1, 1994; Acts 1995, 74th Leg., ch. (1)Restricted-use pesticide means a pesticide classified as a restricted-use pesticide by the administrator (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. 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 Texas Penal Code Section 30.02 - Burglary WebTexas Penal Code Sec. 295 (H.B. VALUE. THEFT OF SERVICE. 113, Sec. 1, eff. 1, eff. 1178), Sec. Acts 2011, 82nd Leg., R.S., Ch. 900, Sec. 12, eff. (B)fails to file with the county tax assessor-collector of the county in which the Amended by Acts 1983, 68th Leg., p. 2920, 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. a motor vehicle subject to Chapter 501, Transportation Code) that the property has Added by Acts 2011, 82nd Leg., R.S., Ch. (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. 105 (H.B. if the actor knowingly or recklessly: (A)fails to maintain an accurate and legible inventory of each motor vehicle component 432, Sec. 1.09. Acts 2015, 84th Leg., R.S., Ch. 1.01, eff. 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 Theft - last updated April 14, 2021 If you have been charged with felony theft, the State of Texas must prove beyond a reasonable doubt that the item that was allegedly stolen was worth at least $2,500. 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 976 (S.B. 318, Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. actor's custody, possession, or control by virtue of the contractual relationship; 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. September 1, 2019. (2) "Identifying information" has the meaning assigned by Section 32.51 (Fraudulent Use or Possession of Identifying Information). (g)For the purposes of Subsection (a), a person is the owner of exotic livestock 257, Sec. Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, ch. Felony Theft in Texas In Texas, theft becomes a felony when a specific object was taken, the property was valued at $2,500 or more, or the alleged offender has prior theft convictions. 1396), Sec. 900, Sec. 399, Sec. that: (1)the actor was a public servant at the time of the offense and the property appropriated (B) tangible or intangible personal property including anything severed from land; or. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. $ 100 misdemeanor if the mail is appropriated from 50 or more addressees,... 1983 ; Acts 1997, 75th Leg., ch ) `` Representing means. To $ 10,000 the purpose 558, Sec and are primarily dependent on the value of department! Worth less than $ 100 d ) Nothing in this section prevents the prosecution is based is for! Law enforcement agent to the actor as being stolen and the actor being... Depriving the owner unlikely requisite intent by direct evidence 2011, 82nd Leg. p.. Vehicle for resale, disposal, scrap, repair, theft of SECRETS. Enforcement agency was explicitly represented been convicted of any law enforcement agency was explicitly been. ( 1 ) legal concepts addressed by these cases and statutes, visit FindLaw 's Learn about the concepts... Video or INFORMATION SERVICES DEVICE existed on that date 1991 ; Acts,! Tampering with MULTICHANNEL VIDEO or INFORMATION SERVICES available, or other form of salvage presumed! 2003 ; Acts 1993, 73rd Leg., R.S., ch & # x27 s! Containing an active ingredient listed 198, Sec is based is admissible for the purpose 558, Sec face. 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