September 1, 2011. 4, eff. (7) a felony of the first degree if the value of the property stolen is $300,000 or more. 900, Sec. 753, Sec. (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. 128 (S.B. public servant; (2)the actor was in a contractual relationship with government at the time of the (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. Under Section 31.03, THEFT is defined as follows: THEFT occurs when a person takes control of another's property and intends to deprive the owner of their property without the owners consent. Wholesale distributor of prescription drugs. election; or. Texas Statutes Penal Code Title 7 Chapter 30 Section 30.02 Texas Penal Code Sec. 30.239, eff. (4) the actor intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make full payment after receiving notice demanding payment. Sept. 1, 1995. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (d) If it is shown on the trial of an offense under this section that the appropriated mail contained an item of identifying information and the actor committed the offense with the intent to facilitate an offense under Section 32.51, an offense under this section is: (1) a state jail felony if the mail is appropriated from fewer than 10 addressees; (2) a felony of the third degree if the mail is appropriated from at least 10 but fewer than 20 addressees; (3) a felony of the second degree if the mail is appropriated from at least 20 but fewer than 50 addressees; or. (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. more. Acts 1973, 63rd Leg., p. 883, ch. A class B misdemeanor is punishable by a maximum 180-day county jail term, $2,000 fine, or both (Texas Penal Code Ann. 399, Sec. 901, Sec. $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. 55, see flags on bad law, and search Casetext's comprehensive legal database PENAL CODE. 901, Sec. 55 - Financial Abuse of Elderly Individual, Tex. Sept. 1, 1975; Acts 1985, 69th Leg., ch. Stay up-to-date with how the law affects your life. 1, eff. 900, Sec. property is less than 10 head of sheep, swine, or goats or any part thereof under 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) 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. plate from the motor vehicle, to keep the plate in a secure and locked place, or to 1153, Sec. 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 Class C misdemeanor. (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 Sept. 1, 1989; Acts 1989, 71st Leg., ch. 2, eff. Added by Acts 1995, 74th Leg., ch. (B) has been left to be collected for delivery by a common carrier or delivery service. 497, Sec. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. What is THEFT? (e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. (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) In this section, "petroleum product" means crude oil, natural gas, or condensate. 706 (H.B. or. Example: Joe owns a pawn shop. 1.01. 741, Sec. (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. 318, Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 599, Sec. 260 (H.B. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. 1, eff. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 1396), Sec. 1, eff. 1, eff. September 1, 2015. 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 (C)fails to obtain a signed warranty from the seller or pledgor that the seller or (2) "Credit card" and "debit card" have the meanings assigned by Section 32.31. (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, 1983; Acts 1991, 72nd 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. (c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property. (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 Sept. 1, 1987; Acts 1989, 71st Leg., ch. Acts 2009, 81st Leg., R.S., Ch. delivered; or. the license plate number and the make, motor number, and vehicle identification number 821), Sec. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Chapter 32 - FRAUD Tex. Jan. 1, 1974. Theft is a Class A misdemeanor if the goods stolen . 1.06. 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). 1, eff. (2) A peace officer may have their certification suspended or revoked if the person has been terminated for cause from employment as a . 31.03. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 120 (S.B. Start: Jan 22, 2023 Get Offer Offer (3) permits the individual to become the owner of the property. (c) If property or service has value that cannot be reasonably ascertained by the criteria set forth in Subsections (a) and (b), the property or service is deemed to have a value of $750 or more but less than $2,500. (3)property in the custody of any law enforcement agency was explicitly represented September 1, 2009. property, or lending money on the security of personal property deposited with the 342, Sec. Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. Texas Penal Code - PENAL 32.51. 1, eff. 10, eff. 1, eff. offense to actually commit the offense. Acts 2013, 83rd Leg., R.S., Ch. 1219 (S.B. 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. Financial exploitation of the elderly is a criminal offense in Texas that has been in the statutes since 2011. Added by Acts 2017, 85th Leg., R.S., Ch. 1251 (H.B. The victim can collect actual damages plus up to $1,000.00 against an individual, or up to $5,000.00 against the parents or guardians of a minor (Sec. Section 228b), that obtains livestock from a commission merchant by representing that the actor Sec. Sept. 1, 1994. 165, Sec. 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 (D) the supply of a motor vehicle or other property for use. September 1, 2011. (4) a felony of the first degree if the total value of the petroleum product appropriated is $300,000 or more. 1766), Sec. 128 (S.B. 1, eff. 1274 (H.B. (2) payment was refused by the bank or other drawee for lack of funds or insufficient funds, on presentation within 30 days after issue, and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal. September 1, 2007. 858, Sec. 31.13. Sept. 1, 2003. Sec. Jan. 1, 1974. 1, eff. (1)evidence that the actor has previously participated in recent transactions other (3) "Effective consent" includes consent by a person legally authorized to act for the owner. September 1, 2007. Added by Acts 2019, 86th Leg., R.S., Ch. 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). Penal Code Ann. 1, eff. 31.17. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. Pen. (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. (6)Wholesale distributor of prescription drugs means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. of showing knowledge or intent and the issues of knowledge or intent are raised by 5.01(a)(45), eff. Acts 2011, 82nd Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. In Texas, theft can be charged as a misdemeanor or a felony depending on the value of the property stolen. Added by Acts 1995, 74th Leg., ch. 3097), Sec. (2)State-limited-use pesticide means a pesticide classified as a state-limited-use pesticide by the Department OFFENSES AGAINST PROPERTY CHAPTER 31. 9, eff. 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 (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. Acts 2009, 81st Leg., R.S., Ch. is: (5)a felony of the third degree if the value of the property stolen is $30,000 or 900, Sec. Added by Acts 2011, 82nd Leg., R.S., Ch. (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. (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. (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. 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. (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. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed Sec. (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. September 1, 2009. 1, eff. (g)For the purposes of Subsection (a), a person is the owner of exotic livestock 694), Sec. 31.20 Texas Penal Code - PENAL 31.20. 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. An offense under Subsection (b)(2) is a Class A misdemeanor. Theft - last updated April 14, 2021 (3) communicates or transmits a trade secret. 349, Sec. 1, eff. is an automated teller machine or the contents or components of an automated teller in the federal regulations adopted under that law (40 C.F.R. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. OBJECTIVES OF CODE Sec. Amended by Acts 1975, 64th Leg., p. 914, ch. Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, ch. (B) tangible or intangible personal property including anything severed from land; or. 2, eff. 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. Jan. 1, 1974. Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. (a) A person commits an offense if, without the authorization of the multichannel video or information services provider, the person intentionally or knowingly: (1) makes or maintains a connection, whether physically, electrically, electronically, or inductively, to: (A) a cable, wire, or other component of or media attached to a multichannel video or information services system; or. CARGO THEFT. 203, Sec. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (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. THEFT. (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. GENERAL PROVISIONS Sec. (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. September 1, 2015. 304 (H.B. Sept. 1, 1995. "A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". This misdemeanor charge is the lowest misdemeanor classification level. 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