less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the 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. The Texas Penal Code defines theft as taking someone else's property without consent, either by deception or by physically stealing it. 741, Sec. (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. (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, 1991; Acts 1993, 73rd Leg., ch. 1, eff. 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. of the Environmental Protection Agency under 7 U.S.C. 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. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. will make prompt payment is presumed to have induced the commission merchant's consent 1, eff. (2) is employed as a driver lawfully contracted to transport a specific cargo by vehicle from a known point of origin to a known point of destination and, with the intent to conduct, promote, or facilitate an activity described by Subdivision (1), knowingly or intentionally: (A) fails to deliver the entire cargo to the known point of destination as contracted; or. Sec. (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 900, Sec. Texas Statutes Penal Code Title 7 Chapter 30 Section 30.02 Texas Penal Code Sec. (b) It is an affirmative defense to prosecution under this section that the person was: (1) the owner or acting with the effective consent of the owner of the property involved; (2) a peace officer acting in the actual discharge of official duties; or. Sept. 1, 1994. Theft (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 2, 3, eff. 900, Sec. (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, 2011. 3, eff. 900, Sec. Sec. 323 (H.B. 1, eff. May 23, 2009. 734, Sec. 318, Sec. 694), Sec. 1, eff. 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 3097), Sec. of a user, performs a financial transaction through the direct transmission of electronic Acts 2013, 83rd Leg., R.S., Ch. Theft is a Class A misdemeanor if the goods stolen . Added by Acts 2015, 84th Leg., R.S., Ch. 37), Sec. Sept. 1, 1995. (2) "Copy" means a facsimile, replica, photograph, or other reproduction of an article or a note, drawing, or sketch made of or from an article. DEFINITIONS. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Read the full Texas Code for more information. (B)fails to file with the county tax assessor-collector of the county in which the 1, eff. CONSTRUCTION OF CODE Sec. 1215), Sec. September 1, 2015. 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. If you fail to make payment in full within 10 days after the date of receipt of this notice, the failure to pay creates a presumption for committing an offense, and this matter may be referred for criminal prosecution.". 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. 4, eff. Acts 2009, 81st Leg., R.S., Ch. 671), Sec. September 1, 2011. Title 7 - OFFENSES AGAINST PROPERTY. Today, most theft crimes in Texas are consolidated under Texas Penal Code 31.03, including theft by conversion. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (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. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 1.06. (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. or other indicia of a transaction for delayed transmission to a financial institution. U.S. v.Vargas . 4, 5, eff. Added by Acts 2007, 80th Leg., R.S., Ch. (7) a felony of the first degree if the value of the property stolen is $300,000 or more. actor, is presumed to know upon receipt by the actor of stolen property (other than (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. (B) has made fewer than three complete payments under the agreement. 2, eff. The current Texas law defines the offense of Theft of Service in Penal Code Section 31.04 as follows: [1] (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 . (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. inventory, fails to record the name and certificate of inventory number of the person having an aggregate value of less than $150,000; or. Jan. 1, 1974. Sec. 900, Sec. INTRODUCTORY PROVISIONS CHAPTER 1. 165, Sec. 1251 (H.B. September 1, 2013. (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. COMPUTATION OF AGE Sec. In Texas, prosecutors typically charge auto theft under Penal Code Section 31.07, Unauthorized Use of a Motor Vehicle, which is a State Jail Felony. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1, eff. 4, eff. 31.10. If found guilty of a Class C misdemeanor, the offender faces a maximum fine of $500. stolen by another; or. 1.03. 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. (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. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. (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. 324 (S.B. Sept. 1, 2003; Acts 2003, 78th Leg., ch. or other official number capable of identifying an individual; (5)stolen property does not lose its character as stolen when recovered by any law Acts 2017, 85th Leg., R.S., Ch. by any law enforcement agent to the actor as being stolen and the actor appropriates 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. delivered; or. or. (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. is an automated teller machine or the contents or components of an automated teller 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 1.07. $100-$750: Class B misdemeanor punishable by 180 days in jail and a fine up to $2,000. 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. 3J.01, eff. Sec. 1.08. 31.04. 933 (H.B. Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. 858, Sec. (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 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 15, eff. (b) An offense under this section is a state jail felony. (B) telecommunication, public utility, or transportation service; (C) lodging, restaurant service, and entertainment; and. Acts 2019, 86th Leg., R.S., Ch. 245, Sec. (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. to the next higher category of offense if it is shown on the trial of the offense Packers and Stockyards Act (7 U.S.C. (b) Appropriation of property is unlawful if: (1) it is without the owner's effective consent; (2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or (3) 887), Sec. Acts 2009, 81st Leg., R.S., Ch. 30.237, eff. September 1, 2011. Acts 2009, 81st Leg., R.S., Ch. MAIL THEFT. THEFT. (11) "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment. 165, Sec. 2482), Sec. If the value of the property stolen is worth $100 or more, but less than $750, it's a Class B misdemeanor. Pen. 1, eff. (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. (j)With the consent of the appropriate local county or district attorney, the attorney the property believing it was stolen by another. 9, eff. The statute defines theft as unlawfully appropriating property with the intent to deprive the owner of the property. 31.20. What is THEFT? (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. 21, eff. September 1, 2007. EFFECT OF CODE Sec. Sept. 1, 2003. Acts 2011, 82nd Leg., R.S., Ch. (3) a felony of the third degree if the mail is appropriated from 30 or more addressees. pledgor has the right to possess the property; and. 497, Sec. In Texas, theft can be charged as a misdemeanor or a felony depending on the value of the property stolen. Acts 1973, 63rd Leg., p. 883, ch. 4, eff. 599, Sec. 1, eff. Jan. 1, 1974. (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. plate from the motor vehicle, to keep the plate in a secure and locked place, or to Sept. 1, 1985; Acts 1993, 73rd Leg., ch. to know on receipt by the actor of the motor vehicle that the motor vehicle has been (a) Subject to the additional criteria of Subsections (b) and (c), value under this chapter is: (1) the fair market value of the property or service at the time and place of the offense; or. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. who dismantled the motor vehicle from which the part was obtained; (B)fails on receipt of a motor vehicle to obtain a certificate of authority, sales 5, eff. 31.18. Mail Theft 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. 284(80), eff. Acts 2009, 81st Leg., R.S., Ch. 1, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. pledgor has the right to possess the property. the actor's plea of not guilty; (2)the testimony of an accomplice shall be corroborated by proof that tends to connect 2, eff. 1.01, eff. CONSOLIDATION OF THEFT OFFENSES. (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. if the actor knowingly or recklessly: (A)fails to maintain an accurate and legible inventory of each motor vehicle component (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. September 1, 2011. Start: Jan 22, 2023 Get Offer Offer Acts 2017, 85th Leg., R.S., Ch. (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. 1.01, eff. Acts 2011, 82nd Leg., R.S., Ch. 198, 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. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. 1, eff. (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. 1396), Sec. You be charged with identity theft for stealing any of the following information: Another person's name Fingerprints Date of birth Social Security Number (B) return the property to the owner within 10 days after receiving the demand for return of the property. Section 152.175) and in effect on that date. offense to actually commit the offense. (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. This misdemeanor charge is the lowest misdemeanor classification level. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. PREEMPTION Sec. at 32.53 (b). 31.13. of showing knowledge or intent and the issues of knowledge or intent are raised by 1, eff. 4, eff. 1178), Sec. (TX Penal Code Ann 6.03(c)) Matter of Franklin , 20 I&N Dec. 867(BIA1994) No. Acts 2013, 83rd Leg., R.S., Ch. $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 (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. (B) a reasonable person in the position of the actor would have known that the serial number or other permanent identification marking has been removed, altered, or obliterated. (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. 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