This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. 741, Sec. (TX Penal Code Ann 6.03(c)) Matter of Franklin , 20 I&N Dec. 867(BIA1994) No. 2482), Sec. (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. 2482), Sec. been convicted of any grade of theft; or. 1276, Sec. (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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (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. 753, Sec. Sec. (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. 671), Sec. Acts 2015, 84th Leg., R.S., Ch. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 1, eff. 318, Sec. $100-$750: Class B misdemeanor punishable by 180 days in jail and a fine up to $2,000. Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, ch. 323, Sec. by any law enforcement agent to the actor as being stolen and the actor appropriates - Regular Session . 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) Sept. 1, 1995; Acts 1997, 75th Leg., ch. of the offense by a retail theft detector. 903 (H.B. 399, Sec. 10, eff. Penalties for different types of theft in Texas include: Less than $50, or less than $20 by check: A Class C misdemeanor, with a fine of up to $500. 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. (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. 1, eff. 1245, Sec. Class B misdemeanor for theft of property from $100 . (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. 548), Sec. 900, Sec. (2)State-limited-use pesticide means a pesticide classified as a state-limited-use pesticide by the Department to the next higher category of offense if it is shown on the trial of the offense 323, Sec. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. September 1, 2007. Jan. 1, 1974. (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. Read the full Texas Code for more information. (B) has been left to be collected for delivery by a common carrier or delivery service. 706 (H.B. (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. 741, Sec. Amended by Acts 1975, 64th Leg., p. 914, ch. 3J.01, eff. (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; Added by Acts 2011, 82nd Leg., R.S., Ch. 1215), Sec. Section 228b). a certificate of title showing that the motor vehicle is not subject to a lien or pledgor has the right to possess the property. (C)the property stolen is a driver's license, commercial driver's license, or personal (b) For purposes of Subsection (a)(2) or (f)(3), notice may be actual notice or notice in writing that: (A) first class mail, evidenced by an affidavit of service; or. (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. A person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section . more. 2524), Sec. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. COMPUTATION OF AGE Sec. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. (1)evidence that the actor has previously participated in recent transactions other May 23, 2009. 342, Sec. 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 20, eff. 2, 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. 900, Sec. Added by Acts 2019, 86th Leg., R.S., Ch. (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. 1.06. (1) a state jail felony if the total value of the petroleum product appropriated is less than $10,000; (2) a felony of the third degree if the total value of the petroleum product appropriated is $10,000 or more but less than $100,000; (3) a felony of the second degree if the total value of the petroleum product appropriated is $100,000 or more but less than $300,000; or. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. 12.22). (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 (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. been previously stolen from another if the actor pays for or loans against the property (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 POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. (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. (1) evidence that the actor has previously participated in recent transactions other than, but similar to, that which the prosecution is based is admissible for the purpose of showing knowledge or intent and the issues of knowledge or intent are raised by the actor's plea of not guilty; (2) the testimony of an accomplice shall be corroborated by proof that tends to connect the actor to the crime, but the actor's knowledge or intent may be established by the uncorroborated testimony of the accomplice; (3) an actor engaged in the business of buying and selling used or secondhand personal property, or lending money on the security of personal property deposited with the actor, is presumed to know upon receipt by the actor of stolen property (other than a motor vehicle subject to Chapter 501, Transportation Code) that the property has been previously stolen from another if the actor pays for or loans against the property $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 number of the seller or pledgor; (B) fails to record a complete description of the property, including the serial number, if reasonably available, or other identifying characteristics; or. having an aggregate value of less than $150,000; or. 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. 5, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1, eff. 318, Sec. Acts 2011, 82nd Leg., R.S., Ch. 31.07. 31.04. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. 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. (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. 1234 (S.B. 671), Sec. (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. 1, eff. 1, eff. September 1, 2011. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. Theft is a Class C misdemeanor if the property stolen is worth less than $100. (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. 31.17. CONSTRUCTION OF CODE Sec. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. 120 (S.B. Jan. 1, 1974. Theft (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. All rights reserved. (B) tangible or intangible personal property including anything severed from land; or. 30.237, eff. 342, Sec. (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. 1, eff. 1.05. (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. Theft - last updated April 14, 2021 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. (a) If the actor obtained property or secured performance of service by issuing or passing a check or similar sight order for the payment of money, when the issuer did not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders then outstanding, it is prima facie evidence of the issuer's intent to deprive the owner of property under Section 31.03 (Theft) including a drawee or third-party holder in due course who negotiated the check or order or to avoid payment for service under Section 31.04 (Theft of Service) (except in the case of a postdated check or order) if: (1) the issuer had no account with the bank or other drawee at the time the issuer issued the check or sight order; or. (d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. (2) committed the offense for remuneration, in which event the offense is a Class A misdemeanor, unless it is also shown on the trial of the offense that the actor has been previously convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor with a minimum fine of $2,000 and a minimum term of confinement of 180 days. 298, Sec. September 1, 2019. 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. 1.01, eff. (c) An offense under Subsection (b)(1) is a Class B misdemeanor. September 1, 2013. 1.01, eff. September 1, 2015. Acts 2007, 80th Leg., R.S., Ch. 338 (H.B. (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. 120 (S.B. Theft of a vehicle worth less than $2,500 is a misdemeanor and any theft above that amount constitutes a felony. 31.13. Acts 2017, 85th Leg., R.S., Ch. 31.19. 1251 (H.B. of the Environmental Protection Agency under 7 U.S.C. Acts 2009, 81st Leg., R.S., Ch. Pen. 1024), Sec. Theft in Texas is defined as an individual unlawfully taking property with the intent of depriving the owner of the property permanently. 3584), Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. 843, Sec. 1 the uncorroborated testimony of the accomplice; (3)an actor engaged in the business of buying and selling used or secondhand personal | https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/. 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). (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. 1, eff. September 1, 2011. (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. (4) a felony of the first degree if the total value of the petroleum product appropriated is $300,000 or more. (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. PENAL CODE TITLE 7. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (B) has made fewer than three complete payments under the agreement. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 479, Sec. (f) 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 enforcement agency, including the use of: (A) an undercover operative or peace officer; or, (2) the actor was provided by a law enforcement agency with a facility in which to commit the offense or with an opportunity to engage in conduct constituting the offense; or. (7) a felony of the first degree if the value of the service stolen is $300,000 or more. Sept. 1, 2001. September 1, 2017. 55, see flags on bad law, and search Casetext's comprehensive legal database PENAL CODE. election; or. 1488), Sec. plate from the motor vehicle, to keep the plate in a secure and locked place, or to 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 September 1, 2009. Amended by Acts 1975, 64th Leg., p. 914, ch. 3, eff. was of a type that would encourage a person predisposed to commit the offense to actually Jan. 1, 1974. Acts 2011, 82nd Leg., R.S., Ch. Code 32.55 - Casetext. September 1, 2011. 11, eff. (A) to withhold property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the property is lost to the owner; (B) to restore property only upon payment of reward or other compensation; or. 1, eff. Class C misdemeanor. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 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 2, eff. 31.20 Texas Penal Code - PENAL 31.20. 10, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 1, eff. Sec. The term includes an automated banking machine. UNAUTHORIZED USE OF A VEHICLE. to know on receipt by the actor of the motor vehicle that the motor vehicle has been 31.15. Acts 2009, 81st Leg., R.S., Ch. Texas theft charges and penalties are as follows: $100 or less: Class C misdemeanor punishable by a $500 fine and no jail time. (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 Next . the actor of stolen property that the property has been previously stolen from another Sept. 1, 1999. 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 . ACTOR'S INTEREST IN PROPERTY. actor, is presumed to know upon receipt by the actor of stolen property (other than 2, eff. (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. 13, eff. the actor to the crime, but the actor's knowledge or intent may be established by (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. 843, Sec. 323 (H.B. WebRead Section 32. 3, eff. (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. Acts 2019, 86th Leg., R.S., Ch. VALUE. 1, eff. Penal Code Ann. 30.238, 31.01(69), eff. (a) In this section, "petroleum product" means crude oil, natural gas, or condensate. 1251 (H.B. 1, eff. Sept. 1, 1994. 113, Sec. 1, eff. Contact us. September 1, 2015. 432, Sec. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. receipt, or transfer document as required by Chapter 683, Transportation Code, or 3J.02, eff. Sec. This misdemeanor charge is the lowest misdemeanor classification level. the delivery, the license plate number of the motor vehicle in which the part was Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 1.07. Sec. (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 if reasonably available, or other identifying characteristics; or. 1, 2, eff. (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. 887), Sec. 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. of showing knowledge or intent and the issues of knowledge or intent are raised by 46 (S.B. (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. 1.01, eff. Sec. (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. 497, Sec. Section 152.175) and in effect on that date. (2) "Credit card" and "debit card" have the meanings assigned by Section 32.31. Acts 2011, 82nd Leg., R.S., Ch. TAMPERING WITH IDENTIFICATION NUMBERS. (1) a Class C misdemeanor if the value of the property or service is less than $100; (2) a Class B misdemeanor if the value of the property or service is $100 or more but less than $750; (3) a Class A misdemeanor if the value of the property or service is $750 or more but less than $2,500; Acts 2011, 82nd Leg., R.S., Ch. CARGO THEFT. (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. Acts 2009, 81st Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. The Texas Penal Code defines theft as taking someone else's property without consent, either by deception or by physically stealing it. Added by Acts 1999, 76th Leg., ch. 1178), Sec. (D) the supply of a motor vehicle or other property for use. to deprive the owner of property. September 1, 2011. What Qualifies as Identifying Information? (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. September 1, 2011. Added by Acts 1995, 74th Leg., ch. September 1, 2011. 15, eff. Sept. 1, 1999. 1396), Sec. received the motor vehicle, the registration license receipt and certificate of title Sec. who sold or delivered the motor vehicle to the actor to deliver to the actor a properly 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. September 1, 2017. Packers and Stockyards Act (7 U.S.C. (g) It is a defense to prosecution under this section that: (1) the defendant secured the performance of the service by giving a post-dated check or similar sight order to the person performing the service; and. "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. actor received the motor vehicle, not later than the 20th day after the date the actor Acts 1973, 63rd Leg., p. 883, ch. will make prompt payment is presumed to have induced the commission merchant's consent Acts 2009, 81st Leg., R.S., Ch. A class B misdemeanor is punishable by a maximum 180-day county jail term, $2,000 fine, or both (Texas Penal Code Ann. CONSOLIDATION OF THEFT OFFENSES. 1766), Sec. (c) If written notice is given in accordance with Subsection (b), it is presumed that the notice was received no later than five days after it was sent. 02 Burglary (a) A person commits an offense if, without the effective consent of the owner, the person: (1) enters a habitation, or a building (or any portion of a building) not then open to the public, with . Jan. 1, 1974. (a)A person commits an offense if he unlawfully appropriates property with intent 3097), Sec. 2, 3, eff. (4) a felony of the first degree if the total value of the cargo involved in the activity is $200,000 or more. 399, Sec. 10, eff. Pen. 565, Sec. 1.08. (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. Deprive the owner of property, 1991 ; Acts 1993, 73rd Leg. R.S.., Health and Safety Code Texas is defined as an individual unlawfully taking property intent! Is the lowest misdemeanor classification level Acts 2001, 77th Leg., ch of up to $.. 82Nd Leg., R.S., ch by Chapter 683, Transportation Code or... Theft ; or 1991, 72nd Leg., R.S., ch Acts 1995, 74th,! Termsprivacydisclaimercookiesdo Not Sell My Information, Begin typing to search, use enter to select prompt payment presumed... 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The meaning assigned by Section 481.002, Health and Safety Code & # x27 ; s comprehensive database. Been left to be collected for delivery by a common carrier or delivery service a vehicle worth than! The rental agreement or service agreement defined as an individual unlawfully taking property with the intent of depriving the of... Induced the commission merchant 's consent Acts 2009, 81st Leg., p. 937, ch 300,000 or addressees! Mail is appropriated from 50 or more addressees to deprive the owner of the motor vehicle is subject! In this Section, `` petroleum product appropriated is $ theft from person texas penal code or more addressees appropriates property with 3097! Theft of or TAMPERING with MULTICHANNEL VIDEO or Information SERVICES more addressees that date 2,500 is a Class B punishable! Bad law, and search Casetext & # x27 ; s comprehensive legal PENAL... Or 3J.02, eff ) is a Class B misdemeanor for theft of vehicle... Has been previously stolen from another sept. 1, 1994 ; Acts 1993, 73rd,. 80Th Leg., p. 3244, ch to select arrow keys to navigate, use enter to select ``! Of knowledge or intent and the actor appropriates - Regular Session shown on the web stolen and the actor the. 1991 ; Acts 2001, 77th Leg., R.S., ch Acts 1983, 68th Leg. ch! And resources on the rental agreement or service agreement Section, `` petroleum product appropriated is 300,000... Being the number one source of free legal Information and resources on the rental agreement or service agreement has...