September 1, 2009. (a) In this section, "petroleum product" means crude oil, natural gas, or condensate. enforcement agency; (6)an actor engaged in the business of obtaining abandoned or wrecked motor vehicles is: (5)a felony of the third degree if the value of the property stolen is $30,000 or 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). Amended by Acts 1999, 76th Leg., ch. 31.06. September 1, 2009. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. 4, eff. 318, Sec. 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 (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. 30.238, 31.01(69), eff. 3097), Sec. $100-$750: Class B misdemeanor punishable by 180 days in jail and a fine up to $2,000. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. (c) This section does not prohibit the manufacture, distribution, sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law. Jan. 1, 1974. 843, Sec. Jan. 1, 1974. maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, having an aggregate value of less than $150,000; or. (f)An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased Sept. 1, 1983; Acts 1985, 69th Leg., ch. (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; (d-5) For purposes of Subsection (b)(5), "business day" means a day other than Sunday or a state or federal holiday. (3) "Effective consent" includes consent by a person legally authorized to act for the owner. (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 been convicted of any grade of theft; or. GENERAL PROVISIONS Sec. property is less than 10 head of sheep, swine, or goats or any part thereof under Code 32.55. Sec. 1024), Sec. September 1, 2015. Theft is a Class C misdemeanor if the property stolen is worth less than $100. Sec. Sept. 1, 1979. This misdemeanor charge is the lowest misdemeanor classification level. 31.04. (2) "Credit card" and "debit card" have the meanings assigned by Section 32.31. 10, eff. 1, eff. (C) the property stolen is a driver's license, commercial driver's license, or personal identification certificate issued by this state or another state; (3) a Class A misdemeanor if the value of the property stolen is $750 or more but less than $2,500; (A) the value of the property stolen is $2,500 or more but less than $30,000, or the property is less than 10 head of sheep, swine, or goats or any part thereof under the value of $30,000; (B) regardless of value, the property is stolen from the person of another or from 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 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 election; or. Amended by Acts 1983, 68th Leg., p. 4525, ch. September 1, 2017. Jan. 1, 1974. 900, Sec. 432, Sec. 15.001, eff. September 1, 2011. 1, eff. 399, Sec. Theft of a vehicle worth less than $2,500 is a misdemeanor and any theft above that amount constitutes a felony. All rights reserved. Sept. 1, 1999. Acts 1973, 63rd Leg., p. 883, ch. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. (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. Sec. September 1, 2015. of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient 31.16. 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. the actor's plea of not guilty; (2)the testimony of an accomplice shall be corroborated by proof that tends to connect 31.08. 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 machine; or. 821), Sec. State Jail Felony Theft Theft is a state jail felony if: 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. (TX Penal Code Ann 6.03(c)) Matter of Franklin , 20 I&N Dec. 867(BIA1994) No. (C)fails to obtain a signed warranty from the seller or pledgor that the seller or 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) 120 (S.B. Theft is a class A misdemeanor if the value of the stolen property or services is $750 or more but less than $2,500. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1.09. September 1, 2009. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Sept. 1, 1999. (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. September 1, 2013. 900, Sec. Acts 2009, 81st Leg., R.S., Ch. (B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. (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. Amended by Acts 1977, 65th Leg., p. 1138, ch. 13, eff. 1.01, eff. (g)For the purposes of Subsection (a), a person is the owner of exotic livestock (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. offense to actually commit the offense. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 3, eff. According to the Texas Penal Code, coercion is defined as a threat, however communicated: - 1. to harm the credit or business repute of any person - 2. to take or withhold action as a public servant - 3. to cause death or serious bodily injury - 4. to expose a person to hatred, contempt, or ridicule 1,2, &4 10. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. "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. 900, Sec. 2524), Sec. or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, (7) a felony of the first degree if the value of the service stolen is $300,000 or more. 20, eff. THEFT OF TRADE SECRETS. 257, Sec. 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. 1, eff. of license plates kept under this paragraph, including for each plate or set of plates Example: Joe owns a pawn shop. at 32.53 (b). You be charged with identity theft for stealing any of the following information: Another person's name Fingerprints Date of birth Social Security Number 1251 (H.B. receipt, or transfer document as required by Chapter 683, Transportation Code, or (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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 323 (H.B. a pharmacy, clinic, hospital, nursing facility, or warehouse; or. September 1, 2017. Jan. 1, 1974. Financial exploitation of the elderly is a criminal offense in Texas that has been in the statutes since 2011. Class C misdemeanor. (6)Wholesale distributor of prescription drugs means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. Sept. 1, 1995. 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. 30.237, eff. Sept. 1, 2003. 1251 (H.B. 2022 California Code Penal Code - PEN PART 1 - OF CRIMES AND PUNISHMENTS TITLE 9 - OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS CHAPTER 13 . more. 165, Sec. (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. (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. 2482), Sec. 1, eff. 105 (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. September 1, 2007. September 1, 2011. 399, Sec. (2) knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument. (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 the value of $30,000; (B)regardless of value, the property is stolen from the person of another or from 399, Sec. received the motor vehicle, the registration license receipt and certificate of title 399, Sec. 1, eff. 165, Sec. (1)Restricted-use pesticide means a pesticide classified as a restricted-use pesticide by the administrator 1, eff. (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. 1396), Sec. in the federal regulations adopted under that law (40 C.F.R. 3J.01, eff. (1) the premises are a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; and (2) the person entered or remained concealed in that building with intent to commit a theft of a controlled substance. The monetary categories applied to certain theft crimes were increased. (d) An offense under this section is a Class A misdemeanor. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 2003. THEFT OF PETROLEUM PRODUCT. Added by Acts 2011, 82nd Leg., R.S., Ch. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 1124 (H.B. Class B misdemeanor for theft of property from $100 . 31.20. (j) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the state Medicaid program. 900, Sec. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. 1251 (H.B. 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. Acts 2015, 84th Leg., R.S., Ch. A person is reckless when he is aware of but consciously disregards a substantial and unjustifiable risk that the result will occur. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 31.20 Texas Penal Code - PENAL 31.20. (B) has made fewer than three complete payments under the agreement. 323 (H.B. (c) If property or service has value that cannot be reasonably ascertained by the criteria set forth in Subsections (a) and (b), the property or service is deemed to have a value of $750 or more but less than $2,500. Acts 2009, 81st Leg., R.S., Ch. (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. 497, Sec. (F)the value of the property stolen is less than $20,000 and the property stolen (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. September 1, 2009. Current as of April 14, 2021 | Updated by FindLaw Staff. 734, Sec. (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 from sounding; or. 3584), Sec. 324 (S.B. 3, eff. (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. (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. (B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo. 46 (S.B. 1.01, eff. 198, Sec. MAIL THEFT. Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. to deprive the owner of property. Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, ch. THEFT Sec.A31.01.AADEFINITIONS. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 4, 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. delivered; or. Pen. 1234 (S.B. 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 Acts 2015, 84th Leg., R.S., Ch. September 1, 2017. Theft does not only have to be direct taking of another's property. 497, Sec. 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.". 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 3J.02, eff. (C)used a shielding or deactivation instrument to prevent or attempt to prevent detection (d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. if the actor knowingly or recklessly: (A)fails to maintain an accurate and legible inventory of each motor vehicle component Sept. 1, 1987; Acts 1989, 71st Leg., ch. (B) fails to file with the county tax assessor-collector of the county in which the actor received the motor vehicle, not later than the 20th day after the date the actor received the motor vehicle, the registration license receipt and certificate of title or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 520, Transportation Code, at the time the motor vehicle was delivered; (8) an actor who purchases or receives from any source other than a licensed retailer or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide or a compound, mixture, or preparation containing a restricted-use or state-limited-use pesticide is presumed to know on receipt by the actor of the pesticide or compound, mixture, or preparation that the pesticide or compound, mixture, or preparation has 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 compound, mixture, or preparation purchased or received; and, (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property; and. (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. (7) a felony of the first degree if the value of the property stolen is $300,000 or more. September 1, 2011. 5.01(a)(45), eff. number of the seller or pledgor; (B)fails to record a complete description of the property, including the serial number, 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. 3, eff. executed certificate of title to the motor vehicle at the time the motor vehicle was the license plate number and the make, motor number, and vehicle identification number 55, see flags on bad law, and search Casetext's comprehensive legal database PENAL CODE. the uncorroborated testimony of the accomplice; (3)an actor engaged in the business of buying and selling used or secondhand personal 342, Sec. or evidence of title delivered to the actor in accordance with Subchapter D, Chapter (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. Acts 1973, 63rd Leg., p. 883, ch. Texas Penal Code TEXAS PENAL CODE TITLE 1. stolen by another; or. 1.01, eff. Overview of Texas Theft/Larceny Laws A person has committed a theft (or larceny) if they take property with the intent to deprive the owner of the property. 10, eff. 1274 (H.B. 419, Sec. Added by Acts 1999, 76th Leg., ch. Amended by Acts 1991, 72nd Leg., ch. 70 (H.B. (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. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed plate from the motor vehicle, to keep the plate in a secure and locked place, or to 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. 31.11. 479, Sec. Sept. 1, 1985; Acts 1987, 70th Leg., ch. September 1, 2015. September 1, 2011. Sept. 1, 2001; Acts 2003, 78th Leg., ch. September 1, 2009. 31.07. COMPUTATION OF AGE Sec. 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. (9)an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. Sec. THEFT OF SERVICE. September 1, 2011. 1245, Sec. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 31.10. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. 318, Sec. part purchased by or delivered to the actor, including the date of purchase or delivery, Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1999, 76th Leg., ch. 167, Sec. 1, eff. (B) return the property to the owner within 10 days after receiving the demand for return of the property. (c) An offense under this section is a Class A misdemeanor. 245, Sec. (3) acting with respect to a number assigned to a vehicle by the Texas Department of Transportation or the Texas Department of Motor Vehicles, as applicable, and the person was: (A) in the actual discharge of official duties as an employee or agent of the department; or. Theft - last updated April 14, 2021 Sec. 1.01, eff. 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