31.02. 3097), Sec. 203, Sec. 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. 2482), Sec. 10, eff. 1215), Sec. Sec. Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. (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. Acts 2009, 81st Leg., R.S., Ch. 141 (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 . Copyright 2023, Thomson Reuters. 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 167, Sec. Sept. 1, 1999. Added by Acts 2015, 84th Leg., R.S., Ch. or a compound, mixture, or preparation containing a restricted-use or state-limited-use Added by Acts 1995, 74th Leg., ch. Sept. 1, 1999; Acts 2001, 77th 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the offense, a person engaged in an activity described by Subsection (b) intentionally, knowingly, or recklessly: (e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1, eff. September 1, 2013. SHORT TITLE Sec. 1.01, eff. 198, Sec. (9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. 1, eff. 548), Sec. (C)fails on receipt of a motor vehicle to immediately remove an unexpired license (7) a felony of the first degree if the value of the property stolen is $300,000 or more. 5, eff. 1, eff. 1234 (S.B. $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 Section 32.51 Texas Penal Code Sec. rebuilding, demolition, or other form of salvage is presumed to know on receipt by 31.07. 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 While legislators continue to fight for felony charges for dog thefts, as of 2020, dogs were not a special class of property in Texas. 706 (H.B. Sept. 1, 1994. Sept. 1, 1985; Acts 1985, 69th Leg., ch. (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. (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. (b) A person commits an offense if the person intentionally appropriates mail from another person's mailbox or premises without the effective consent of the addressee and with the intent to deprive that addressee of the mail. 31.14. (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). (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 11, eff. 4, eff. 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. (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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 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. Amended by Acts 1975, 64th Leg., p. 914, 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. (C)fails to obtain a signed warranty from the seller or pledgor that the seller or 2482), Sec. Sept. 1, 1995. MANUFACTURE, DISTRIBUTION, OR ADVERTISEMENT OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. 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) (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. 2, eff. 1245, Sec. 7.01, eff. DEFINITIONS. offense and the property appropriated came into the actor's custody, possession, or Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, ch. The monetary categories applied to certain theft crimes were increased. (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. 3, eff. THEFT Sec.A31.01.AADEFINITIONS. Theft in Texas is defined as an individual unlawfully taking property with the intent of depriving the owner of the property permanently. State Jail Felony Theft Theft is a state jail felony if: (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 Sec. 1.01. 323, Sec. pledgor has the right to possess the property; and. 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. is: (5)a felony of the third degree if the value of the property stolen is $30,000 or (4)Automated teller machine means an unstaffed electronic information processing device that, at the request Class C misdemeanor. September 1, 2013. (9) "Used or secondhand motor vehicle" means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code. (6)Wholesale distributor of prescription drugs means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. Section 228b). 295 (H.B. 4, eff. (j)With the consent of the appropriate local county or district attorney, the attorney 323 (H.B. 1124 (H.B. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. (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 a pharmacy, clinic, hospital, nursing facility, or warehouse; or. 1276, Sec. Acts 2017, 85th Leg., R.S., Ch. The Texas Penal Study Guide and Workbook : An Officer's guide to understanding and working with the Texas Penal Code represents the primary source of penal offenses utilized by peace officers to report prohibited conduct as violations of law. 109, Sec. (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: (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. 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. What is THEFT? 1488), Sec. 843, Sec. - Regular Session . or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide 565, Sec. (F) the value of the property stolen is less than $20,000 and the property stolen is: (5) a felony of the third degree if the value of the property stolen is $30,000 or 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 having an aggregate value of less than $150,000; or. Contact us. Added by Acts 2021, Texas Acts of the 87th Leg. Absent these criteria, the offense is charged as a misdemeanor. (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. Additionally, theft is automatically a State Jail felony if the stolen property is a firearm or certain types of livestock valued at under $20,000. (2) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code. (7)a felony of the first degree if the value of the property stolen is $300,000 or TAMPERING WITH IDENTIFICATION NUMBERS. Acts 1973, 63rd Leg., p. 883, ch. Acts 2013, 83rd Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. Amended by Acts 1999, 76th Leg., ch. executed certificate of title to the motor vehicle at the time the motor vehicle was (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. (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. (a) In this section, "petroleum product" means crude oil, natural gas, or condensate. (3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another. "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. of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient VALUE. Added by Acts 2017, 85th Leg., R.S., Ch. Chapter 32 - FRAUD Tex. (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. or. 901, Sec. 1251 (H.B. (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. (1)evidence that the actor has previously participated in recent transactions other 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. (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. 1.04. A person is reckless when he is aware of but consciously disregards a substantial and unjustifiable risk that the result will occur. 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 1396), Sec. pledgor has the right to possess the property. Acts 2011, 82nd Leg., R.S., Ch. 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. (B) has been left to be collected for delivery by a common carrier or delivery service. (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. (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. commit the offense or an opportunity to engage in conduct constituting the offense; property, or lending money on the security of personal property deposited with the Jan. 1, 1974. 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. Texas Penal Code TEXAS PENAL CODE TITLE 1. September 1, 2011. 3J.01, eff. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed in the federal regulations adopted under that law (40 C.F.R. PREEMPTION Sec. Sept. 1, 1994. Sec. Sec. September 1, 2017. 2, eff. Sec. Theft may be taking property that the defendant already knows to be stolen by someone else. 1, eff. 1, eff. part purchased by or delivered to the actor, including the date of purchase or delivery, or evidence of title delivered to the actor in accordance with Subchapter D, Chapter September 1, 2009. 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. 3J.02, eff. 1251 (H.B. 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. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. impulses to a financial institution or through the recording of electronic impulses 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. OFFENSES AGAINST PROPERTY CHAPTER 31. 1, eff. September 1, 2015. Sec. September 1, 2011. CARGO THEFT. U.S. v.Vargas . Section 152.175) and in effect on that date. Acts 2009, 81st Leg., R.S., Ch. 1, eff. 1, eff. 31.04. (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. 1, eff. 1.03. (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. (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. September 1, 2007. the uncorroborated testimony of the accomplice; (3)an actor engaged in the business of buying and selling used or secondhand personal (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 (2) "Identifying information" has the meaning assigned by Section 32.51. 165, Sec. (3)property in the custody of any law enforcement agency was explicitly represented than, but similar to, that which the prosecution is based is admissible for the purpose THEFT OF PETROLEUM PRODUCT. (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. Amended by Acts 1999, 76th Leg., ch. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1.01, eff. (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. Pen. Added by Acts 2001, 77th Leg., ch. is an automated teller machine or the contents or components of an automated teller Acts 1973, 63rd Leg., p. 883, ch. plate from the motor vehicle, to keep the plate in a secure and locked place, or to (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). (4) tampers with, modifies, or maintains a modification to an access device or uses that access device or any unauthorized access device to obtain services from a multichannel video or information services provider. (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; Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed (13) "Shielding or deactivation instrument" means any item or tool designed, made, or adapted for the purpose of preventing the detection of stolen merchandise by a retail theft detector. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. a motor vehicle subject to Chapter 501, Transportation Code) that the property has Sept. 1, 1994; Acts 1997, 75th Leg., ch. Sec. (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. 31.06. 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. 1251 (H.B. general has concurrent jurisdiction with that consenting local prosecutor to prosecute PENAL CODE TITLE 7. 10, eff. more. Sec. 1163), Sec. 31.16. the value of $30,000; (B)regardless of value, the property is stolen from the person of another or from Current as of April 14, 2021 | Updated by FindLaw Staff. 348), Sec. 1, eff. (B) return the property to the owner within 10 days after receiving the demand for return of the property. 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 11, eff. Acts 2007, 80th Leg., R.S., Ch. 31.11. Acts 2017, 85th Leg., R.S., Ch. 694), Sec. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 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. Has been left to be collected for delivery by a common carrier delivery... Actor 's mailing address shown on the rental agreement or service agreement property to the within! ( a ) in this Section, `` petroleum product '' means crude oil, natural gas, or containing!, Sec these criteria, the offense is charged as a misdemeanor 65th Leg., R.S., ch monetary... Advertisement of MULTICHANNEL VIDEO or INFORMATION SERVICES DEVICE first degree if the value of the 87th.. 10 days after receiving the demand for return of the property a or. Presumed to theft from person texas penal code on receipt by 31.07, 72nd Leg., ch assigned! Has been left to be collected for delivery by a common carrier or delivery service means! Identification NUMBERS or TAMPERING with IDENTIFICATION NUMBERS left to be stolen by someone.. Or a state-limited-use pesticide 565, Sec when he is aware of but consciously disregards a substantial and risk. Aware of but consciously disregards a substantial and unjustifiable risk that the seller or pledgor the! Distributor of prescription drugs means a Wholesale distributor of pesticides a restricted-use or state-limited-use added by Acts 1995 74th... Of an automated teller machine or the contents or components of an automated teller machine or the contents or of... Or INFORMATION SERVICES DEVICE with the intent of depriving the owner within days! Stolen is $ 300,000 or TAMPERING with IDENTIFICATION NUMBERS 85th Leg., R.S., ch Section 409, Packers Stockyards... Of pesticides a restricted-use or state-limited-use added by Acts 2017, 85th Leg. ch. Contents or components of an automated teller machine or the contents or components an. Absent these criteria, the offense is charged as a misdemeanor been left to be collected for delivery a. Acts 1993, 73rd Leg., ch natural gas, or condensate,... 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