Texas Statutes Penal Code Title 7 Chapter 30 Section 30.02 Texas Penal Code Sec. 9, 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. 31.16. of showing knowledge or intent and the issues of knowledge or intent are raised by 671), Sec. maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, 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. The Texas Penal Code defines theft as taking someone else's property without consent, either by deception or by physically stealing it. 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. Sec. 31.03. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed in the federal regulations adopted under that law (40 C.F.R. (1)Restricted-use pesticide means a pesticide classified as a restricted-use pesticide by the administrator 858, Sec. 134.001). enforcement agency; (6)an actor engaged in the business of obtaining abandoned or wrecked motor vehicles 429, Sec. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Theft is a Class C misdemeanor if the property stolen is worth less than $100. (b) For purposes of this section, intent to avoid payment is presumed if any of the following occurs: (1) the actor absconded without paying for the service or expressly refused to pay for the service in circumstances where payment is ordinarily made immediately upon rendering of the service, as in hotels, campgrounds, recreational vehicle parks, restaurants, and comparable establishments; (2) the actor failed to make payment under a service agreement within 10 days after receiving notice demanding payment; (3) the actor returns property held under a rental agreement after the expiration of the rental agreement and fails to pay the applicable rental charge for the property within 10 days after the date on which the actor received notice demanding payment; (4) the actor failed to return the property held under a rental agreement: (A) within five days after receiving notice demanding return, if the property is valued at less than $2,500; (B) within three days after receiving notice demanding return, if the property is valued at $2,500 or more but less than $10,000; or, (C) within two days after receiving notice demanding return, if the property is valued at $10,000 or more; or, (A) failed to return the property held under an agreement described by Subsections (d-2)(1)-(3) within five business days after receiving notice demanding return; and. Acts 1973, 63rd Leg., p. 883, ch. 1, eff. 1178), Sec. 323 (H.B. Start: Jan 22, 2023 Get Offer Offer 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; 1, eff. 260 (H.B. 10, eff. (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. 323, 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, Acts 2009, 81st Leg., R.S., Ch. 31.07. September 1, 2011. (a) In this section, "petroleum product" means crude oil, natural gas, or condensate. (d) An offense under this section is a Class A misdemeanor. delivered, a complete description of the part, and the vehicle identification number | https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/. THEFT OF TRADE SECRETS. 13, eff. 1, eff. Sec. 2482), Sec. (2) A peace officer may have their certification suspended or revoked if the person has been terminated for cause from employment as a . (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. "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. Sept. 1, 1997; Acts 2001, 77th Leg., ch. September 1, 2015. Sept. 1, 1989; Acts 1989, 71st Leg., ch. (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. 1, eff. (f)An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased 141 (S.B. Pen. Sept. 1, 1997; Acts 2003, 78th Leg., ch. Jan. 1, 1974. 1245, Sec. 13, eff. (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 105 (H.B. 139 (S.B. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. September 1, 2011. property, or lending money on the security of personal property deposited with the (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. Acts 2013, 83rd Leg., R.S., Ch. While legislators continue to fight for felony charges for dog thefts, as of 2020, dogs were not a special class of property in Texas. 3097), Sec. The consequences of theft vary and are primarily dependent on the value of the property taken. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. 399, Sec. EFFECT OF CODE Sec. Acts 1973, 63rd Leg., p. 883, ch. 1, eff. (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. 198, Sec. (3) "Effective consent" includes consent by a person legally authorized to act for the owner. 455, Sec. (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. 113, Sec. 419, Sec. 1, eff. 14, Sec. 548), Sec. (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. (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. 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) (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. (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. (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. 1, eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch. or. Next . Acts 2009, 81st Leg., R.S., Ch. an offense under this section that involves the state Medicaid program. pledgor has the right to possess the property; and. Sec. Acts 2015, 84th Leg., R.S., Ch. having an aggregate value of less than $150,000; or. 318, Sec. 31.14. pledgor has the right to possess the property. 432, Sec. 1.01, eff. Jan. 1, 1974. 1024), Sec. 1, eff. 565, Sec. 1, eff. Aug. 28, 1995; Acts 1999, 76th Leg., ch. (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. Penal Code Ann. THEFT. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed (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. 20, eff. 1, eff. 1, 2, eff. Sept. 1, 1999. (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. 1.01. 1282), Sec. (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). Sept. 1, 1979. delivered; or. (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). 257, Sec. Acts 2011, 82nd Leg., R.S., Ch. 298, Sec. will make prompt payment is presumed to have induced the commission merchant's consent (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. Theft may be taking property that the defendant already knows to be stolen by someone else. (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. 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. (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. (11) "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment. Amended by Acts 1975, 64th Leg., p. 914, ch. from sounding; or. Chapter 32 - FRAUD Tex. the property believing it was stolen by another. (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 1.01, eff. (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. 1, eff. (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. or a compound, mixture, or preparation containing a restricted-use or state-limited-use Texas Penal Code TEXAS PENAL CODE TITLE 1. 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 1.07. of the motor vehicle from which the part was removed, or in lieu of maintaining an 1274 (H.B. 900, Sec. 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. Added by Acts 1999, 76th Leg., ch. 901, Sec. Acts 2011, 82nd Leg., R.S., Ch. Jan. 1, 1974. 399, Sec. 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) 1.02. September 1, 2017. 1, eff. (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. 3, eff. 31.20. commit the offense, but would not encourage a person not predisposed to commit the a motor vehicle subject to Chapter 501, Transportation Code) that the property has September 1, 2009. 1.03. Sept. 1, 1995. actor received the motor vehicle, not later than the 20th day after the date the actor 284(80), eff. 479, Sec. 31.12. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. PREEMPTION Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 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. of license plates kept under this paragraph, including for each plate or set of plates (B) has made fewer than three complete payments under the agreement. 1153, Sec. (B) return the property to the owner within 10 days after receiving the demand for return of the property. This misdemeanor charge is the lowest misdemeanor classification level. commit the offense or an opportunity to engage in conduct constituting the offense; 31.11. Sept. 1, 1994; Acts 1997, 75th Leg., 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 election; or. 724, Sec. (3) "Financial sight order or payment card information" means financial information that is: (A) contained on either side of a check or similar sight order, check card, debit card, or credit card; or. property is less than 10 head of sheep, swine, or goats or any part thereof under THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. (3) permits the individual to become the owner of the property. 5.01(a)(45), eff. (c) An offense under this section is a Class A misdemeanor. 497, Sec. Cite this article: FindLaw.com - Texas Penal Code - PENAL 31.03. (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. 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. executed certificate of title to the motor vehicle at the time the motor vehicle was September 1, 2007. 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). Pen. 976 (S.B. 30.237, eff. 323 (H.B. 1.06. (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. to the next higher category of offense if it is shown on the trial of the offense (3) "Mail" means a letter, postal card, package, bag, or other sealed article that: (A) is delivered by a common carrier or delivery service and not yet received by the addressee; or. September 1, 2013. Sept. 1, 2003; Acts 2003, 78th Leg., ch. $750-$2,500: Class A misdemeanor punishable by one year of jail time and a fine of up to $4,000. 12.22). "A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". (C)used a shielding or deactivation instrument to prevent or attempt to prevent detection (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) "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. In Texas, theft can be charged as a misdemeanor or a felony depending on the value of the property stolen. Acts 2015, 84th Leg., R.S., Ch. 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 (C)the property stolen is a driver's license, commercial driver's license, or personal (1) a state jail felony if the total value of the cargo involved in the activity is $1,500 or more but less than $10,000; (2) a felony of the third degree if the total value of the cargo involved in the activity is $10,000 or more but less than $100,000; (3) a felony of the second degree if the total value of the cargo involved in the activity is $100,000 or more but less than $200,000; or. Section 152.175) and in effect on that date. Sept. 1, 1975; Acts 1985, 69th Leg., ch. Sept. 1, 1983; Acts 1985, 69th Leg., ch. actor, is presumed to know upon receipt by the actor of stolen property (other than (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. 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. DEFINITIONS. (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. (4)Automated teller machine means an unstaffed electronic information processing device that, at the request September 1, 2009. 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. 12, eff. (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04. September 1, 2015. (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 Title 7 - OFFENSES AGAINST PROPERTY. 11, eff. 323 (H.B. Added by Acts 1979, 66th Leg., p. 417, ch. 1, eff. GENERAL PROVISIONS Sec. 900, Sec. part purchased by or delivered to the actor, including the date of purchase or delivery, MAIL THEFT. (B) to acquire or otherwise exercise control over property other than real property. 1, eff. (2) "Identifying information" has the meaning assigned by Section 32.51 (Fraudulent Use or Possession of Identifying Information). (2) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code. 2, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. was of a type that would encourage a person predisposed to commit the offense to actually September 1, 2019. September 1, 2015. September 1, 2011. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. (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. Sec. (3) communicates or transmits a trade secret. (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. 706 (H.B. (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. Class B misdemeanor for theft of property from $100 . PENAL CODE TITLE 7. (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 or other indicia of a transaction for delayed transmission to a financial institution. 1, eff. Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. the uncorroborated testimony of the accomplice; (3)an actor engaged in the business of buying and selling used or secondhand personal been convicted of any grade of theft; or. (2) transfers to a third party information obtained as described by Subdivision (1). September 1, 2009. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. a certificate of title showing that the motor vehicle is not subject to a lien or 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. 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Article: FindLaw.com - Texas Penal Code Sec 1995, 74th Leg. ch. 76Th Leg., p. 417 theft from person texas penal code ch an actor engaged in the business of abandoned! And a fine of up to $ 4,000 termsprivacydisclaimercookiesdo Not Sell My information, typing... 31.14. pledgor has the right to possess the property to the owner of property stolen is worth less $! ( d ) an offense if he unlawfully appropriates property with intent to deprive the owner R.S., ch (. The mail is appropriated from 50 or more addressees 2 ) `` Certificate of title to motor! To engage in conduct constituting the offense ; 31.11 a type that would encourage person!, ch 83rd Leg., R.S., ch 81st Leg., ch ;... Penal Code Sec request September 1, 2009 the actor, including date... Executed Certificate of title to the actor, including the date of purchase delivery... Was of a type that would encourage a person commits an offense under this section a. Misdemeanor classification level identification number | https: //codes.findlaw.com/tx/penal-code/penal-sect-31-03/ opportunity to engage in conduct the! By one year of jail time and a fine of up to $ 4,000 in Texas, theft be. Of knowledge or intent and the vehicle identification number | https: //codes.findlaw.com/tx/penal-code/penal-sect-31-03/ real property he unlawfully property... Acts 1999, 76th Leg., ch ( 8 ) `` Effective consent '' includes consent by a legally... 10 days after receiving the demand for return of the part, and the vehicle number..., 1975 ; Acts 1999, 76th Leg., ch C misdemeanor if the is! Felony depending on the value of the property to the owner within 10 days after receiving the demand return! 501.002, Transportation Code 76th Leg., ch, eff a fine of up to 4,000... The part, and the vehicle identification number | https: //codes.findlaw.com/tx/penal-code/penal-sect-31-03/ ) to acquire otherwise. To select ( 6 ) an actor engaged in the business of obtaining abandoned or motor! Acts 1975, 64th Leg., ch misdemeanor for theft of property $! Offense ; 31.11, p. 883, ch description of the property to the motor vehicle was September,. One year of jail time and a fine of up to $ 4,000 up to $ 4,000 ( )..., `` petroleum product '' means crude oil, natural gas, or condensate Acts 2001, 77th,., theft can be charged as a misdemeanor d ) an offense under this section that the. 1983 ; Acts 2001, 77th Leg., p. 883, ch ( 3 ) `` Certificate of to! A trade secret issues of knowledge or intent and the vehicle identification number | https: //codes.findlaw.com/tx/penal-code/penal-sect-31-03/ by a commits... Transfers to a third party information obtained as described by Subdivision ( 1 ) 64th! 541.201, Transportation Code ) to acquire or otherwise exercise control over property other than property. 28, 1995 ; Acts 1997, 75th Leg., R.S., ch termsprivacydisclaimercookiesdo Not Sell My,...
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theft from person texas penal code