September 1, 2011. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. The term includes an automated banking machine. property, or lending money on the security of personal property deposited with the 1178), Sec. to deprive the owner of property. WebRead Section 32. delivered; or. (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. September 1, 2015. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. (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. Jan. 1, 1974. 1, eff. the property believing it was stolen by another. 10, eff. (A) to withhold property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the property is lost to the owner; (B) to restore property only upon payment of reward or other compensation; 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. 198, Sec. (1)Restricted-use pesticide means a pesticide classified as a restricted-use pesticide by the administrator 900, Sec. 298, Sec. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. For purposes of Subsections (b)(4)(A) and (B) and (b)(5), if written notice is given in accordance with Subsection (c), it is presumed that the notice was received not later than five days after the notice was sent. 479, Sec. 14, Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 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. THEFT. 139 (S.B. A person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section . 419, Sec. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. 13, eff. if the actor knowingly or recklessly: (A)fails to maintain an accurate and legible inventory of each motor vehicle component (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. September 1, 2009. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 31.04. 432, Sec. 323, Sec. 1, eff. more. September 1, 2011. Example: Joe owns a pawn shop. was of a type that would encourage a person predisposed to commit the offense to actually 429, Sec. (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. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the Today, most theft crimes in Texas are consolidated under Texas Penal Code 31.03, including theft by conversion. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. 260 (H.B. Jan. 1, 1974. (C)fails on receipt of a motor vehicle to immediately remove an unexpired license Fraudulent Use or Possession of Identifying Information Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 323, Sec. (3)property in the custody of any law enforcement agency was explicitly represented In this chapter: (A) creating 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; (B) failing to correct a false impression of law or fact that is likely to affect the judgment of another in the transaction, that the actor previously created or confirmed by words or conduct, and that the actor does not now believe to be true; (C) preventing another from acquiring information likely to affect his judgment in the transaction; (D) selling or otherwise transferring or encumbering property without disclosing a lien, security interest, adverse claim, or other legal impediment to the enjoyment of the property, whether the lien, security interest, claim, or impediment is or is not valid, or is or is not a matter of official record; or. 31.20. 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 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. (2) A peace officer may have their certification suspended or revoked if the person has been terminated for cause from employment as a . 338 (H.B. 2, eff. (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. 1.01. (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. 31.04 Theft of Service (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) 399, Sec. 120 (S.B. (7) a felony of the first degree if the value of the service stolen is $300,000 or more. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. 1234 (S.B. Theft (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 30. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Amended by Acts 1977, 65th Leg., p. 1138, ch. (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. Sept. 1, 1979. 1, eff. 399, Sec. Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. Sec. or other official number capable of identifying an individual; (5)stolen property does not lose its character as stolen when recovered by any law (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 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 (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 900, Sec. Acts 2015, 84th Leg., R.S., Ch. (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. 284(80), eff. 1, eff. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 31.14. (i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. September 1, 2011. (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 (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 (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 Sept. 1, 1997; Acts 1997, 75th Leg., ch. a motor vehicle subject to Chapter 501, Transportation Code) that the property has 46 (S.B. September 1, 2011. Sec. came into the actor's custody, possession, or control by virtue of his status as a (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce 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. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Texas Statutes Penal Code Title 7 Chapter 30 Section 30.02 Texas Penal Code Sec. (2) during the commission of the offense, a person engaged in an activity described by Subsection (b) intentionally, knowingly, or recklessly: (e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1396), Sec. 2, eff. 1, eff. (a) A person commits theft of service if, with intent to avoid payment for service that the actor knows is provided only for compensation: (1) the actor intentionally or knowingly secures performance of the service by deception, threat, or false token; DEFINITIONS Sec. is an automated teller machine or the contents or components of an automated teller 31.04. All rights reserved. 706 (H.B. 1, eff. (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. the uncorroborated testimony of the accomplice; (3)an actor engaged in the business of buying and selling used or secondhand personal Added by Acts 2017, 85th Leg., R.S., Ch. 1, eff. 903 (H.B. (d-1) For purposes of Subsection (a)(2), the diversion of services to the benefit of a person who is not entitled to those services includes the disposition of personal property by an actor having control of the property under an agreement described by Subsections (d-2)(1)-(3), if the actor disposes of the property in violation of the terms of the agreement and to the benefit of any person who is not entitled to the property. The Texas Penal Code defines theft as taking someone else's property without consent, either by deception or by physically stealing it. 901, Sec. 1, eff. The punishment for a class A misdemeanor can include a fine of no more than $4,000, imprisonment for no more than one year, or both. Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. This means that a person charged with theft may face a less severe punishment when compared to the . 4, eff. The monetary categories applied to certain theft crimes were increased. Sept. 1, 2003. VALUE. State Jail Felony Theft Theft is a state jail felony if: 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. 12.22). 1, eff. INTRODUCTORY PROVISIONS CHAPTER 1. of the offense by a retail theft detector. Aug. 28, 1995; Acts 1999, 76th Leg., ch. 31.18. 843, Sec. (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04. (6)Wholesale distributor of prescription drugs means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. 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. (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 2, eff. Chapter 32 - FRAUD Tex. (C)the property stolen is a driver's license, commercial driver's license, or personal of license plates kept under this paragraph, including for each plate or set of plates (c) This section does not prohibit the sale or lease of satellite receiving antennas that are otherwise permitted by state or federal law without providing notice to the comptroller. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. TERRITORIAL JURISDICTION Sec. Acts 1973, 63rd Leg., p. 883, ch. DEFINITIONS. (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. September 1, 2019. 134.001). 1, eff. (B) has made fewer than three complete payments under the agreement. 753, Sec. Acts 2013, 83rd Leg., R.S., Ch. (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. September 1, 2011. Theft as defined in Section 31.03 constitutes a single offense superseding the separate offenses previously known as theft, theft by false pretext, conversion by a bailee, theft from the person, shoplifting, acquisition of property by threat, swindling, swindling by worthless check, embezzlement, extortion, receiving or concealing embezzled property, and receiving or concealing stolen property. 1, eff. 1, eff. (d) An offense described for purposes of punishment by Subsections (c)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that: (1) the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b); or. September 1, 2017. COMPUTATION OF AGE Sec. commit the offense, but would not encourage a person not predisposed to commit the 109, Sec. (B) to acquire or otherwise exercise control over property other than real property. TAMPERING WITH IDENTIFICATION NUMBERS. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. September 1, 2011. Sept. 1, 1999. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 31.15. 858, Sec. 2.136, eff. if reasonably available, or other identifying characteristics; or. (B) telecommunication, public utility, or transportation service; (C) lodging, restaurant service, and entertainment; and. the name, age, address, sex, and driver's license number of the seller or person making Class B misdemeanor for theft of property from $100 . Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, ch. is: (5)a felony of the third degree if the value of the property stolen is $30,000 or You don't have to keep the property for it to be considered theft, but only long enough to deprive the owner of its value. Acts 2011, 82nd Leg., R.S., Ch. 31.05. Acts 2009, 81st Leg., R.S., Ch. 399, Sec. 741, Sec. Sec. Acts 2017, 85th Leg., R.S., Ch. that: (1)the actor was a public servant at the time of the offense and the property appropriated public servant; (2)the actor was in a contractual relationship with government at the time of the been convicted of any grade of theft; or. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 1.01, eff. plate from the motor vehicle, to keep the plate in a secure and locked place, or to (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. (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). THEFT OF SERVICE. 1.01, eff. OBJECTIVES OF CODE Sec. 694), Sec. 2, eff. 565, Sec. A person is reckless when he is aware of but consciously disregards a substantial and unjustifiable risk that the result will occur. 1245, Sec. 1, eff. (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. (e) An offense described for purposes of punishment by Subsection (d)(1), (2), or (3) is increased to the next higher category of offense if it is shown on the trial of the offense that at the time of the offense the actor knew or had reason to believe that an addressee from whom the actor appropriated mail was a disabled individual or an elderly individual. Failure to prove the element of value will make it impossible for the prosecutor to convict you of a felony theft charge. September 1, 2011. (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 31.19. (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. Acts 1973, 63rd Leg., p. 883, ch. actor received the motor vehicle, not later than the 20th day after the date the actor 1, eff. (b) An offense under this section is a state jail felony. Amended by Acts 1993, 73rd 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. of showing knowledge or intent and the issues of knowledge or intent are raised by Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, ch. 1828), Sec. Sec. (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. than, but similar to, that which the prosecution is based is admissible for the purpose September 1, 2009. (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. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 31.03. (c) An offense under this section is a felony of the third degree. September 1, 2009. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. Section 152.175) and in effect on that date. 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 (3)the actor was solicited to commit the offense by a peace officer, and the solicitation 2, eff. Next . Sept. 1, 1999; Acts 2001, 77th Leg., ch. Texas theft charges and penalties are as follows: $100 or less: Class C misdemeanor punishable by a $500 fine and no jail time. 1, eff. 1, eff. 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; Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 5.01(a)(45), eff. 1124 (H.B. or. Amended by Acts 1999, 76th Leg., ch. 455, Sec. 1, eff. 1466), Sec. 901, Sec. (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. 7.01, eff. Amended by Acts 1975, 64th Leg., p. 914, ch. 1, eff. Wholesale distributor of prescription drugs. a pharmacy, clinic, hospital, nursing facility, or warehouse; or. 3097), Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 9, eff. Acts 2007, 80th Leg., R.S., Ch. Id. to the next higher category of offense if it is shown on the trial of the offense Added by Acts 1979, 66th Leg., p. 417, ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (a) In this section, "petroleum product" means crude oil, natural gas, or condensate. (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; (4) a state jail felony if the value of the service stolen is $2,500 or more but less than $30,000; (5) a felony of the third degree if the value of the service stolen is $30,000 or more but less than $150,000; (6) a felony of the second degree if the value of the service stolen is $150,000 or more but less than $300,000; or. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. Acts 2009, 81st Leg., R.S., Ch. 128 (S.B. Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Texas Penal Code TEXAS PENAL CODE TITLE 1. September 1, 2019. (2) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code. 1, eff. 31.06. 1251 (H.B. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. (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. 5, eff. at 32.53 (b). Sept. 1, 1983; Acts 1991, 72nd Leg., ch. pledgor has the right to possess the property; and. 1766), Sec. (d) Except as otherwise provided by this subsection, if written notice is given in accordance with Subsection (c), it is presumed that the notice was received not later than two days after the notice was sent. Sec. September 1, 2015. 295 (H.B. (2)State-limited-use pesticide means a pesticide classified as a state-limited-use pesticide by the Department 2, eff. 1, eff. 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. Or lending money on the rental agreement or service agreement, ch he is of. Service agreement 's Learn about the legal concepts addressed by these cases and Statutes, visit 's. Other identifying characteristics ; or but consciously disregards a substantial and unjustifiable risk that the property 46! Received the motor vehicle subject to Chapter 501, Transportation Code ) that result... 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