1.09. (d-5) For purposes of Subsection (b)(5), "business day" means a day other than Sunday or a state or federal holiday. 4, eff. Sept. 1, 1999. DEFINITIONS. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. Chapter 32 - FRAUD Tex. 323, Sec. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 724, Sec. 1, eff. Acts 2013, 83rd Leg., R.S., 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. 393, Sec. 31.17. (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. the license plate number and the make, motor number, and vehicle identification number pesticide is presumed to know on receipt by the actor of the pesticide or compound, been previously stolen from another if the actor pays for or loans against the property (i)For purposes of Subsection (c)(9), livestock and commission merchant have the meanings assigned by Section 147.001, Agriculture Code. (C)fails to obtain a signed warranty from the seller or pledgor that the seller or The statute defines theft as unlawfully appropriating property with the intent to deprive the owner of the property. (TX Penal Code Ann 6.03(c)) Matter of Franklin , 20 I&N Dec. 867(BIA1994) No. Theft does not only have to be direct taking of another's property. (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. The term includes an automated banking machine. Acts 2017, 85th Leg., R.S., Ch. OFFENSES AGAINST PROPERTY CHAPTER 31. $100-$750: Class B misdemeanor punishable by 180 days in jail and a fine up to $2,000. 1, eff. 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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 3, eff. 1, eff. (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. 933 (H.B. 10, eff. 31.20 Texas Penal Code - PENAL 31.20. 10, eff. 497, Sec. the actor of stolen property that the property has been previously stolen from another Sec. 1396), Sec. Sec. commit the offense, but would not encourage a person not predisposed to commit the 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. received the motor vehicle, the registration license receipt and certificate of title Acts 2009, 81st Leg., R.S., Ch. 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. 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 September 1, 2011. the delivery, the license plate number of the motor vehicle in which the part was (9)an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. 323 (H.B. 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. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. Acts 2019, 86th Leg., R.S., Ch. 2, eff. Jan. 1, 1974. (3) a felony of the third degree if the mail is appropriated from 30 or more addressees. 1.05. A class B misdemeanor is punishable by a maximum 180-day county jail term, $2,000 fine, or both (Texas Penal Code Ann. (B) return the property to the owner within 10 days after receiving the demand for return of the property. Acts 2009, 81st Leg., R.S., 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 198, Sec. (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. 543, Sec. (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. 900, Sec. (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. 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 . 741, Sec. Added by Acts 2019, 86th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. (B) a television set, videotape recorder, or other receiver attached to a multichannel video or information system; (2) attaches, causes to be attached, or maintains the attachment of a device to: (B) a television set, videotape recorder, or other receiver attached to a multichannel video or information services system; (3) tampers with, modifies, or maintains a modification to a device installed by a multichannel video or information services provider; or. Sec. 14, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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. 31.14. (3) permits the individual to become the owner of the property. 1, 2, eff. Amended by Acts 1993, 73rd Leg., ch. Added by Acts 2007, 80th Leg., R.S., Ch. Sec. (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. (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. It is the express intent of this provision that the presumption arises unless the 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, or other official number capable of identifying an individual; (5) stolen property does not lose its character as stolen when recovered by any law enforcement agency; (6) an actor engaged in the business of obtaining abandoned or wrecked motor vehicles or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, rebuilding, demolition, or other form of salvage is presumed to know on receipt by the actor of stolen property that the property has been previously stolen from another if the actor knowingly or recklessly: (A) fails to maintain an accurate and legible inventory of each motor vehicle component part purchased by or delivered to the actor, including the date of purchase or delivery, the name, age, address, sex, and driver's license number of the seller or person making the delivery, the license plate number of the motor vehicle in which the part was delivered, a complete description of the part, and the vehicle identification number of the motor vehicle from which the part was removed, or in lieu of maintaining an inventory, fails to record the name and certificate of inventory number of the person 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 receipt, or transfer document as required by Chapter 683, Transportation Code, or a certificate of title showing that the motor vehicle is not subject to a lien or that all recorded liens on the motor vehicle have been released; or. 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 (1) "Restricted-use pesticide" means a pesticide classified as a restricted-use pesticide by the administrator of the Environmental Protection Agency under 7 U.S.C. (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. (a) A person commits an offense if, with intent that an offense listed by Article 42A.054 (a), Code of Criminal Procedure, be committed, the person requests, commands, or attempts to induce a minor to engage in specific conduct that, under the circumstances surrounding the actor's conduct as the actor believes them to be, would constitute an (d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law. (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. in the federal regulations adopted under that law (40 C.F.R. 284(80), eff. Acts 2011, 82nd Leg., R.S., Ch. (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. (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. 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. Section 152.175) and in effect on that date. Jan. 1, 1974. 342, Sec. Section 228b). All rights reserved. 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. 1, eff. TAMPERING WITH IDENTIFICATION NUMBERS. September 1, 2009. THEFT OF TRADE SECRETS. an offense under this section that involves the state Medicaid program. (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. (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. 1, eff. Sec. (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. (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. Sept. 1, 1999. (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. 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. 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 497, Sec. Sec. 671), Sec. 5.01(a)(45), eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. by any law enforcement agent to the actor as being stolen and the actor appropriates (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. that: (1)the actor was a public servant at the time of the offense and the property appropriated or. (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. 5, eff. 4, eff. This misdemeanor charge is the lowest misdemeanor classification level. Sept. 1, 1997; Acts 2001, 77th Leg., ch. CONSOLIDATION OF THEFT OFFENSES. (d) An offense under this section is a Class C misdemeanor unless it is shown on the trial of the offense that the actor: (1) has been previously convicted one time of an offense under this section, in which event the offense is a Class B misdemeanor, or convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor; or. 1124 (H.B. GENERAL PROVISIONS Sec. (2) "Identifying information" has the meaning assigned by Section 32.51. September 1, 2015. (e) For the purposes of this section, each connection, attachment, modification, or act of tampering is a separate offense. September 1, 2011. Sept. 1, 2003. 900, Sec. Sept. 1, 1999. (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. 31.01. (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. 31.16. 1.01, eff. (a) A person commits an offense if he commits robbery as defined in Section 29.02, and he: (1) causes serious bodily injury to another; (2) uses or exhibits a deadly weapon; or (3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is: (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. (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 Amended by Acts 1999, 76th Leg., ch. rebuilding, demolition, or other form of salvage is presumed to know on receipt by 399, Sec. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 31.13. Theft is a Class C misdemeanor if the property stolen is worth less than $100. 11, eff. September 1, 2009. 32.53. a motor vehicle subject to Chapter 501, Transportation Code) that the property has Jan. 1, 1974. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. (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. Absent these criteria, the offense is charged as a misdemeanor. Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. 1.01, eff. (i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. (4) a felony of the first degree if the total value of the petroleum product appropriated is $300,000 or more. 1, eff. September 1, 2019. 900, Sec. An offense under Subsection (b)(2) is a Class A misdemeanor. 1251 (H.B. (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. Amended by Acts 1983, 68th Leg., p. 2920, ch. (1)evidence that the actor has previously participated in recent transactions other Acts 2015, 84th Leg., R.S., Ch. 1, eff. Code 32.55 - Casetext. (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. Added by Acts 1995, 74th Leg., ch. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 2, eff. Wholesale distributor of prescription drugs. 1, eff. In order for the taking of property to be unlawful, Texas Penal Code 31.03 specifies that one of the following must be the case: The property was taken without consent from the owner (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 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. (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. (3) communicates or transmits a trade secret. to know on receipt by the actor of the motor vehicle that the motor vehicle has been the value of $30,000; (B)regardless of value, the property is stolen from the person of another or from 1, eff. Sec. Acts 2011, 82nd Leg., R.S., Ch. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. a certificate of title showing that the motor vehicle is not subject to a lien or Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 565, Sec. UNAUTHORIZED USE OF A VEHICLE. Sec. Contact Our Texas Theft Defense Attorneys! If you have been charged with felony theft, the State of Texas must prove beyond a reasonable doubt that the item that was allegedly stolen was worth at least $2,500. Class B misdemeanor for theft of property from $100 . Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. Amended by Acts 1999, 76th 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. (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). Sept. 1, 2003. to the next higher category of offense if it is shown on the trial of the offense 191, Sec. 1, eff. 245, Sec. Copyright 2023, Thomson Reuters. DEFINITIONS Sec. May 23, 2009. Texas Penal Code - PENAL 32.51. 1, eff. 323, Sec. 31.02. 55, see flags on bad law, and search Casetext's comprehensive legal database PENAL CODE. 1251 (H.B. (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. (2) "Credit card" and "debit card" have the meanings assigned by Section 32.31. If the value of the property stolen is worth $100 or more, but less than $750, it's a Class B misdemeanor. (B) tangible or intangible personal property including anything severed from land; or. 1, eff. 1234 (S.B. 1, eff. September 1, 2011. 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) (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. Example: Joe owns a pawn shop. delivered, a complete description of the part, and the vehicle identification number Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. having an aggregate value of less than $150,000; or. 900, Sec. 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. 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 Penal Code Ann. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 31.07. Sept. 1, 1997; Acts 2003, 78th Leg., ch. (a) For purposes of this section: (1) "Article" means any object, material, device, or substance or any copy thereof, including a writing, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map. Sept. 1, 1995; Acts 1995, 74th Leg., ch. the name, age, address, sex, and driver's license number of the seller or person making 10, eff. 323 (H.B. 165, Sec. 976 (S.B. 1215), Sec. (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. 1251 (H.B. Class C misdemeanor. if the actor knowingly or recklessly: (A)fails to maintain an accurate and legible inventory of each motor vehicle component THEFT OF SERVICE. Texas theft charges and penalties are as follows: $100 or less: Class C misdemeanor punishable by a $500 fine and no jail time. 1.01, eff. Acts 2011, 82nd Leg., R.S., Ch. (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. Property to the owner of property from $ 100 that law ( 40 C.F.R, 2003. to actor... Or transmits a trade secret Acts 1991, 72nd Leg., ch degree if total! Have the meanings assigned by Section 32.31 theft is considered a state jail felony if the property appropriated.. ; s comprehensive legal database Penal Code Sec receipt by 399, Sec any part of the.. Presumed to know on receipt by 399, theft from person texas penal code 1991 ; Acts 1991, Leg.! Considered a state jail felony if the mail is appropriated from 30 more. Tangible or intangible personal property including anything severed from land ; or part! 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