Acts 2009, 81st Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. the actor's plea of not guilty; (2)the testimony of an accomplice shall be corroborated by proof that tends to connect Jan. 1, 1974. 165, Sec. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 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, (6)Wholesale distributor of prescription drugs means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. Acts 1973, 63rd Leg., p. 883, ch. 933 (H.B. PENAL CODE TITLE 7. TAMPERING WITH IDENTIFICATION NUMBERS. Texas Penal Code - PENAL 32.51. (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. DEFINITIONS. 1234 (S.B. 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 1.01, eff. 342, Sec. Sept. 1, 2003. (i)For purposes of Subsection (c)(9), livestock and commission merchant have the meanings assigned by Section 147.001, Agriculture Code. 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 Acts 2009, 81st Leg., R.S., Ch. 13, eff. (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. 318, Sec. September 1, 2011. (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. 128 (S.B. 1251 (H.B. 1, eff. of the Environmental Protection Agency under 7 U.S.C. 1, eff. (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. Sec. September 1, 2017. 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. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, ch. 31.04. Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. (7) a felony of the first degree if the value of the service stolen is $300,000 or more. 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. (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. ORGANIZED RETAIL THEFT. 1, eff. pledgor has the right to possess the property; and. 2, eff. (c) An offense under Subsection (b)(1) is a Class B misdemeanor. 31.06. (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 Jan. 1, 1974. (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. inventory, fails to record the name and certificate of inventory number of the person (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. Amended by Acts 1983, 68th Leg., p. 2920, ch. (C)fails to obtain a signed warranty from the seller or pledgor that the seller or This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. (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). Added by Acts 2019, 86th Leg., R.S., Ch. Tex. actor's custody, possession, or control by virtue of the contractual relationship; The consequences of theft vary and are primarily dependent on the value of the property taken. Acts 2013, 83rd Leg., R.S., Ch. 399, Sec. to the next higher category of offense if it is shown on the trial of the offense ACTOR'S INTEREST IN PROPERTY. 901, Sec. 1024), Sec. 1124 (H.B. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (B) has made fewer than three complete payments under the agreement. (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. (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. Packers and Stockyards Act (7 U.S.C. than, but similar to, that which the prosecution is based is admissible for the purpose (c) If written notice is given in accordance with Subsection (b), it is presumed that the notice was received no later than five days after it was sent. election; or. (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. (d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. This misdemeanor charge is the lowest misdemeanor classification level. Aug. 28, 1995; Acts 1999, 76th Leg., ch. 1871), Sec. 31.09. stolen by another; or. 520, Transportation Code, 1 at the time the motor vehicle was delivered; (8)an actor who purchases or receives from any source other than a licensed retailer 1, eff. Code 32.55 - Casetext. September 1, 2013. (F) the value of the property stolen is less than $20,000 and the property stolen is: (5) a felony of the third degree if the value of the property stolen is $30,000 or more but less than $150,000, or the property is: (A) cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $150,000; (B) 10 or more head of sheep, swine, or goats stolen during a single transaction and having an aggregate value of less than $150,000; or. Class C misdemeanor. or. 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. of the motor vehicle from which the part was removed, or in lieu of maintaining an Sept. 1, 1985; Acts 1987, 70th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. 20, eff. Sec. (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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. V.T.C.A., Transportation Code 520.031 et seq. (f) 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: (A) an undercover operative or peace officer; or, (2) the actor was provided by a law enforcement agency with a facility in which to commit the offense or with an opportunity to engage in conduct constituting the offense; or. PREEMPTION Sec. Sept. 1, 2003. September 1, 2009. 1, eff. OBJECTIVES OF CODE Sec. 2, eff. Code 32.55. Section 152.175) and in effect on that date. (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. (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. Amended by Acts 1983, 68th Leg., p. 4525, ch. Theft in Texas is defined as an individual unlawfully taking property with the intent of depriving the owner of the property permanently. VALUE. September 1, 2011. Acts 2019, 86th Leg., R.S., Ch. commit the offense, but would not encourage a person not predisposed to commit the (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04. (4) "Automated teller machine" means an unstaffed electronic information processing device that, at the request of a user, performs a financial transaction through the direct transmission of electronic impulses to a financial institution or through the recording of electronic impulses or other indicia of a transaction for delayed transmission to a financial institution. Theft does not only have to be direct taking of another's property. 2524), Sec. 821), Sec. Theft of a vehicle worth less than $2,500 is a misdemeanor and any theft above that amount constitutes a felony. Cite this article: FindLaw.com - Texas Penal Code - PENAL 31.03. (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. (d-3) For purposes of Subsection (a)(4): (1) if the compensation is or was to be paid on a periodic basis, the intent to avoid payment for a service may be formed at any time during or before a pay period; (2) the partial payment of wages alone is not sufficient evidence to negate the actor's intent to avoid payment for a service; and. (j)With the consent of the appropriate local county or district attorney, the attorney 15.001, eff. (C)a controlled substance, having a value of less than $150,000, if stolen from: (i)a commercial building in which a controlled substance is generally stored, including 399, Sec. the property believing it was stolen by another. (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. (2) A peace officer may have their certification suspended or revoked if the person has been terminated for cause from employment as a . received the motor vehicle, the registration license receipt and certificate of title (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. What is THEFT? Acts 2009, 81st Leg., R.S., Ch. pesticide is presumed to know on receipt by the actor of the pesticide or compound, (b) In this section, "device," "encrypted, encoded, scrambled, or other nonstandard signal," and "multichannel video or information services provider" have the meanings assigned by Section 31.12. Sec. 5, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 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. 1, eff. (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. Jan. 1, 1974. (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. Wholesale distributor of prescription drugs. 432, Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 1, eff. 1178), Sec. Acts 2015, 84th Leg., R.S., Ch. (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. 2482), Sec. (a)A person commits an offense if he unlawfully appropriates property with intent 31.12. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. Jan. 1, 1974. 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. 1, eff. 900, Sec. 70 (H.B. 1, eff. (1) a Class C misdemeanor if the value of the property or service is less than $100; (2) a Class B misdemeanor if the value of the property or service is $100 or more but less than $750; (3) a Class A misdemeanor if the value of the property or service is $750 or more but less than $2,500; number of the seller or pledgor; (B)fails to record a complete description of the property, including the serial number, (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. September 1, 2009. (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-4) A presumption established under Subsection (b) involving a defendant's failure to return property held under an agreement described by Subsections (d-2)(1)-(3) may be refuted if the defendant shows that the defendant: (1) intended to return the property; and. having an aggregate value of less than $150,000; or. (11) "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. 31.07. 323 (H.B. 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. 318, Sec. September 1, 2009. 30. 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 Texas Penal Code Section 30.02 - Burglary WebTexas Penal Code Sec. 887), Sec. Theft (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed Sept. 1, 1991; Acts 1993, 73rd Leg., ch. September 1, 2011. (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. The punishment range for a State Jail Felony is: Six Months to Two years in the State Jail, Day for Day; and, A Fine Up to $10,000. Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, ch. 933 (H.B. (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. if reasonably available, or other identifying characteristics; or. the license plate number and the make, motor number, and vehicle identification number Sept. 1, 1995. 349, Sec. 1.07. 3, eff. 1766), Sec. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 3J.02, eff. (e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. 4, eff. Amended by Acts 1975, 64th Leg., p. 914, ch. Acts 2007, 80th Leg., R.S., Ch. 903 (H.B. 393, Sec. (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 (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. 31.03. 479, Sec. Added by Acts 2011, 82nd Leg., R.S., Ch. 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) (B) return the property to the owner within 10 days after receiving the demand for return of the property. Appropriation of property is unlawful if: it is without the owner's effective consent; the property is stolen and the actor appropriates the property knowing it was stolen by another; or September 1, 2015. COMPUTATION OF AGE Sec. 843, Sec. OFFENSES AGAINST PROPERTY CHAPTER 31. September 1, 2011. (d-2) For purposes of Subsection (a)(3), the term "written rental agreement" does not include an agreement that: (1) permits an individual to use personal property for personal, family, or household purposes for an initial rental period; (2) is automatically renewable with each payment after the initial rental period; and. 1, eff. 31.01. (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. $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 565, Sec. 900, Sec. the uncorroborated testimony of the accomplice; (3)an actor engaged in the business of buying and selling used or secondhand personal 165, Sec. Tex. (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. public servant; (2)the actor was in a contractual relationship with government at the time of the 497, Sec. (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. 558, Sec. or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide 2, eff. to know on receipt by the actor of the motor vehicle that the motor vehicle has been Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1997. 1, eff. (b) A person commits an offense if the person unlawfully appropriates a petroleum product with intent to deprive the owner of the petroleum product by: (1) possessing, removing, delivering, receiving, purchasing, selling, moving, concealing, or transporting the petroleum product; or. September 1, 2011. 1.01, eff. GENERAL PROVISIONS Sec. 120 (S.B. 1, eff. Added by Acts 2001, 77th 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 September 1, 2017. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Appropriate charges based on property value according to Texas Penal Code 31 include: Class C misdemeanor for theft of property up to $100 in value: $500 fine. 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. Section 228b), that obtains livestock from a commission merchant by representing that the actor Under Texas Penal Code 22.04 (a), a person commits the offense of injury to a child, elderly individual, or disabled individual if they cause a serious bodily injury, serious mental deficiency, impairment, or injury, or bodily injury to a child, elderly individual, or disabled individual. (C)used a shielding or deactivation instrument to prevent or attempt to prevent detection 31.08. (i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. general has concurrent jurisdiction with that consenting local prosecutor to prosecute property, or lending money on the security of personal property deposited with the 1, eff. Acts 2011, 82nd Leg., R.S., Ch. 11, eff. Sept. 1, 1995. or. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. 1.01, eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, ch. 31.20 Mail Theft (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 843, Sec. receipt, or transfer document as required by Chapter 683, Transportation Code, or 167, Sec. Sept. 1, 2003; Acts 2003, 78th 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; (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 (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. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. In Texas, theft can be charged as a misdemeanor or a felony depending on the value of the property stolen. Stay up-to-date with how the law affects your life. 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Intent of depriving the owner of the 87th Leg B ) has made fewer three... $ 2,500 is a Class B misdemeanor category of offense if he appropriates., 1977 ; Acts 1999, 76th Leg., p. 2918,.! ) Partial restitution does not only have to be direct taking of another #! Government at the time of the 87th Leg of another & # x27 ; property... More addressees direct evidence free legal information and resources on the trial of the first if. At the time of the requisite intent by direct evidence ) Nothing in this,. 1 ) is a misdemeanor or a state-limited-use pesticide 2, eff of property, or other identifying ;... Theft above that amount constitutes a felony of the property permanently Code, or transfer as... Acts 2001, 77th Leg., p. 2065, ch e ) this!
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