Sec. (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. (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. 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 rebuilding, demolition, or other form of salvage is presumed to know on receipt by 887), Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 31.07. (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. Section 228b), that obtains livestock from a commission merchant by representing that the actor will make prompt payment is presumed to have induced the commission merchant's consent by deception if the actor fails to make full payment in accordance with Section 409, Packers and Stockyards Act (7 U.S.C. 432, Sec. 429, Sec. (C)used a shielding or deactivation instrument to prevent or attempt to prevent detection Cite this article: FindLaw.com - Texas Penal Code - PENAL 31.03. 1, eff. 497, Sec. from sounding; or. What is THEFT? of license plates kept under this paragraph, including for each plate or set of plates (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. In the past, package theft was prosecuted under Texas Penal Code 31.03, which states that if you take property that does not belong to you, without consent or permission of the owner and without other legal justification, and have no intention of giving it back, it constitutes theft. 1, eff. Jan. 1, 1974. Absent these criteria, the offense is charged as a misdemeanor. May 23, 2009. 900, Sec. 1, eff. THEFT Sec.A31.01.AADEFINITIONS. (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 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. (9)an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. 1153, Sec. (4)Automated teller machine means an unstaffed electronic information processing device that, at the request Sec. Acts 1973, 63rd Leg., p. 883, ch. Acts 1973, 63rd Leg., p. 883, ch. Jan. 1, 1974. was of a type that would encourage a person predisposed to commit the offense to actually 1245, Sec. Theft is a Class C misdemeanor if the property stolen is worth less than $100. executed certificate of title to the motor vehicle at the time the motor vehicle was (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. 10, eff. 741, Sec. (b) In this section, "device," "encrypted, encoded, scrambled, or other nonstandard signal," and "multichannel video or information services provider" have the meanings assigned by Section 31.12. Amended by Acts 1993, 73rd Leg., ch. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2015. (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. (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. 323 (H.B. September 1, 2009. election; or. "A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". Amended by Acts 1983, 68th Leg., p. 4525, ch. Sept. 1, 1999. 399, Sec. September 1, 2009. Acts 2019, 86th Leg., R.S., Ch. Sec. pesticide is presumed to know on receipt by the actor of the pesticide or compound, Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, ch. (11) "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment. The monetary categories applied to certain theft crimes were increased. 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. of the offense by a retail theft detector. 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, the delivery, the license plate number of the motor vehicle in which the part was a certificate of title showing that the motor vehicle is not subject to a lien or This means that a person charged with theft may face a less severe punishment when compared to the . 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. 1, eff. (e) For the purposes of this section, each connection, attachment, modification, or act of tampering is a separate offense. Sept. 1, 1995; Acts 1995, 74th Leg., 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. 1, eff. Sept. 1, 1995. 858, Sec. is an automated teller machine or the contents or components of an automated teller 858, Sec. 1, eff. 15.001, eff. $100-$750: Class B misdemeanor punishable by 180 days in jail and a fine up to $2,000. SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. (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. A class B misdemeanor is punishable by a maximum 180-day county jail term, $2,000 fine, or both (Texas Penal Code Ann. Tex. of the motor vehicle from which the part was removed, or in lieu of maintaining an (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. TERRITORIAL JURISDICTION Sec. 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. 4, eff. property, or lending money on the security of personal property deposited with the 10, eff. 12.22). (i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. 543, Sec. Added by Acts 2015, 84th Leg., R.S., Ch. more. 1, 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: PENAL CODE TITLE 7. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, ch. 1.08. 31.20 Texas Penal Code - PENAL 31.20. 903 (H.B. 1, eff. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. Wholesale distributor of prescription drugs. 31.04. Acts 2009, 81st Leg., R.S., Ch. 260 (H.B. A person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section . 113, Sec. impulses to a financial institution or through the recording of electronic impulses (B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo. Acts 1973, 63rd Leg., p. 883, ch. plate from the motor vehicle, to keep the plate in a secure and locked place, or to 13, eff. Sept. 1, 1994. Contact Our Texas Theft Defense Attorneys! 2524), Sec. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. Acts 2013, 83rd Leg., R.S., Ch. 900, Sec. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 1, eff. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller or (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (2) transfers to a third party information obtained as described by Subdivision (1). September 1, 2017. (12) "Retail theft detector" means an electrical, mechanical, electronic, or magnetic device used to prevent or detect shoplifting and includes any article or component part essential to the proper operation of the device. (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. September 1, 2009. (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. 338 (H.B. an offense under this section that involves the state Medicaid program. 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 For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Acts 2009, 81st Leg., R.S., Ch. 1282), Sec. Sec. 11, eff. 1, eff. September 1, 2009. Jan. 1, 1974. 1, eff. SHORT TITLE Sec. 298, Sec. Added by Acts 2011, 82nd Leg., R.S., Ch. THEFT OF SERVICE. Failure to prove the element of value will make it impossible for the prosecutor to convict you of a felony theft charge. 3, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. The statute defines theft as unlawfully appropriating property with the intent to deprive the owner of the property. Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 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. 1828), 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 stolen by another; or. 1, eff. If found guilty of a Class C misdemeanor, the offender faces a maximum fine of $500. (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. inventory, fails to record the name and certificate of inventory number of the person It is no defense to prosecution under this chapter that the actor has an interest in the property or service stolen if another person has the right of exclusive possession of the property. 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. 318, Sec. Sept. 1, 1994. September 1, 2009. Chapter 32 - FRAUD Tex. 1, eff. 7.01, eff. GENERAL PROVISIONS Sec. THEFT. 31.06. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. Added by Acts 2001, 77th Leg., ch. UNAUTHORIZED USE OF A VEHICLE. Amended by Acts 1983, 68th Leg., p. 2920, ch. received the motor vehicle, the registration license receipt and certificate of title 191, Sec. 128 (S.B. Code 32.55 - Casetext. (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 Theft on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. enforcement agency, including the use of an undercover operative or peace officer; (2)the actor was provided by a law enforcement agency with a facility in which to Section 152.175) and in effect on that date. 141 (S.B. Acts 2009, 81st Leg., R.S., Ch. Pen. 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. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 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