(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. (a)A person commits an offense if he unlawfully appropriates property with intent Failure to prove the element of value will make it impossible for the prosecutor to convict you of a felony theft charge. offense and the property appropriated came into the actor's custody, possession, or or evidence of title delivered to the actor in accordance with Subchapter D, Chapter Sept. 1, 1987; Acts 1989, 71st Leg., ch. Sept. 1, 2003. came into the actor's custody, possession, or control by virtue of his status as a inventory, fails to record the name and certificate of inventory number of the person OFFENSES AGAINST PROPERTY CHAPTER 31. Absent these criteria, the offense is charged as a misdemeanor. 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. (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. (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. (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. 399, Sec. 1466), Sec. Amended by Acts 1977, 65th Leg., p. 1138, ch. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient (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. Amended by Acts 1975, 64th Leg., p. 914, ch. Acts 2009, 81st Leg., R.S., Ch. 1, eff. September 1, 2017. (c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property. 1234 (S.B. Sept. 1, 1979. 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. (i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. The term includes an automated banking machine. Sec. (2) making or causing a connection to be made with, or drilling or tapping or causing a hole to be drilled or tapped in, a pipe, pipeline, or tank used to store or transport a petroleum product. 37), Sec. 1, eff. 1, eff. Theft in Texas is defined as an individual unlawfully taking property with the intent of depriving the owner of the property permanently. or. Under the Texas Penal Code Section 32.51, this offense can be either a state jail felony or a felony of the first, second or third degree. 165, Sec. Theft is a class A misdemeanor if the value of the stolen property or services is $750 or more but less than $2,500. (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. 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. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. September 1, 2015. (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: (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. 1, eff. who sold or delivered the motor vehicle to the actor to deliver to the actor a properly 1, eff. 30. 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. of the motor vehicle from which the part was removed, or in lieu of maintaining an 3584), Sec. 429, Sec. (9)an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. Contact Our Texas Theft Defense Attorneys! (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. 1, eff. 1, 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. 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.". general has concurrent jurisdiction with that consenting local prosecutor to prosecute (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. 1124 (H.B. Added by Acts 1995, 74th Leg., ch. 399, Sec. Sept. 1, 1994; Acts 1997, 75th Leg., 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 1153, Sec. (1)Restricted-use pesticide means a pesticide classified as a restricted-use pesticide by the administrator (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. 30.237, eff. (E) given by a person who by reason of advanced age is known by the actor to have a diminished capacity to make informed and rational decisions about the reasonable disposition of property. Texas Penal Code Section 30.02 - Burglary WebTexas Penal Code Sec. A person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section . Acts 2015, 84th Leg., R.S., Ch. is: (5)a felony of the third degree if the value of the property stolen is $30,000 or (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. 31.19. CONSOLIDATION OF THEFT OFFENSES. Jan. 1, 1974. Added by Acts 2007, 80th Leg., R.S., Ch. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. 1396), Sec. This misdemeanor charge is the lowest misdemeanor classification level. 31.13. 139 (S.B. (2) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code. (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. THEFT. September 1, 2007. Added by Acts 2017, 85th Leg., R.S., Ch. Theft (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 1, eff. 1.01, eff. (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. (3)property in the custody of any law enforcement agency was explicitly represented 543, Sec. 10, eff. 4, eff. 298, Sec. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. 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 Stay up-to-date with how the law affects your life. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Appropriation of property is unlawful if: it is without the owner's effective consent; the property is stolen and the actor appropriates the property knowing it was stolen by another; or 318, Sec. Theft as defined in Section 31.03 constitutes a single offense superseding the separate offenses previously known as theft, theft by false pretext, conversion by a bailee, theft from the person, shoplifting, acquisition of property by threat, swindling, swindling by worthless check, embezzlement, extortion, receiving or concealing embezzled property, and receiving or concealing stolen property. Sec. 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 134.001). 1, eff. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. 903 (H.B. Jan. 1, 1974. (B) has been left to be collected for delivery by a common carrier or delivery service. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 1, eff. 1.01, eff. 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) by deception if the actor fails to make full payment in accordance with Section 409, Sept. 1, 2003. 858, Sec. 3J.02, eff. 497, Sec. Acts 2009, 81st Leg., R.S., Ch. (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. September 1, 2011. 31.15. THEFT OF TRADE SECRETS. (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. (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. Sec. 399, Sec. (7) a felony of the first degree if the value of the service stolen is $300,000 or more. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. impulses to a financial institution or through the recording of electronic impulses (C)used a shielding or deactivation instrument to prevent or attempt to prevent detection 419, Sec. (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. 1, eff. Acts 2019, 86th Leg., R.S., Ch. 32.53. Sept. 1, 1994. 323, Sec. 30.239, eff. 1, eff. Jan. 1, 1974. 120 (S.B. Jan. 1, 1974. 3J.01, eff. actor's custody, possession, or control by virtue of the contractual relationship; Sept. 1, 1999. 5, eff. 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. 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 Sec. 21, eff. (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. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2015. Sec. 1, eff. that: (1)the actor was a public servant at the time of the offense and the property appropriated Sept. 1, 1989; Acts 1989, 71st Leg., ch. Sec. $50 or more but less than $500, or $20 to less than $500 by check: A Class B misdemeanor, with a fine of up to $2,000 and up to 180 days in jail. 349, Sec. (c) For purposes of Subsections (a)(4), (b)(2), (b)(4), and (b)(5), notice must be: (A) registered or certified mail with return receipt requested; or. number of the seller or pledgor; (B)fails to record a complete description of the property, including the serial number, (B) telecommunication, public utility, or transportation service; (C) lodging, restaurant service, and entertainment; and. the delivery, the license plate number of the motor vehicle in which the part was September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. Today, most theft crimes in Texas are consolidated under Texas Penal Code 31.03, including theft by conversion. (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. Sec. (d) Except as otherwise provided by this subsection, if written notice is given in accordance with Subsection (c), it is presumed that the notice was received not later than two days after the notice was sent. September 1, 2011. Code 32.55 - Casetext. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller or (3) "Effective consent" includes consent by a person legally authorized to act for the owner. A person is reckless when he is aware of but consciously disregards a substantial and unjustifiable risk that the result will occur. Amended by Acts 1999, 76th Leg., ch. 1, eff. The monetary categories applied to certain theft crimes were increased. 4, eff. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the (1) a state jail felony if the total value of the cargo involved in the activity is $1,500 or more but less than $10,000; (2) a felony of the third degree if the total value of the cargo involved in the activity is $10,000 or more but less than $100,000; (3) a felony of the second degree if the total value of the cargo involved in the activity is $100,000 or more but less than $200,000; or. 257, Sec. pledgor has the right to possess the property; and. Jan. 1, 1974. 497, Sec. Acts 1973, 63rd Leg., p. 883, ch. (j)With the consent of the appropriate local county or district attorney, the attorney an offense under this section that involves the state Medicaid program. 342, Sec. been previously stolen from another if the actor pays for or loans against the property (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. | https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/. Sept. 1, 1995. 1871), Sec. 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 Tex. 858, Sec. 1, eff. mixture, or preparation that the pesticide or compound, mixture, or preparation has 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. 323 (H.B. June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch. 4, 5, eff. (C)fails to obtain a signed warranty from the seller or pledgor that the seller or 901, Sec. 1274 (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. The consequences of theft vary and are primarily dependent on the value of the property taken. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 2482), Sec. 1, eff. COMPUTATION OF AGE Sec. Cite this article: FindLaw.com - Texas Penal Code - PENAL 31.03. Sept. 1, 1985; Acts 1985, 69th Leg., ch. executed certificate of title to the motor vehicle at the time the motor vehicle was 1, eff. 399, Sec. (d-5) For purposes of Subsection (b)(5), "business day" means a day other than Sunday or a state or federal holiday. (3)the actor was solicited to commit the offense by a peace officer, and the solicitation (B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo. 338 (H.B. (d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. 1.05. Read the full Texas Code for more information. 7.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. September 1, 2009. 1, eff. 1245, Sec. Theft of a vehicle worth less than $2,500 is a misdemeanor and any theft above that amount constitutes a felony. been convicted of any grade of theft; or. 671), Sec. 1215), Sec. (10) "Elderly individual" has the meaning assigned by Section 22.04(c). 4, eff. Acts 2015, 84th Leg., R.S., Ch. DEFINITIONS. Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. 843, Sec. 1251 (H.B. Next . 821), Sec. September 1, 2009. You be charged with identity theft for stealing any of the following information: Another person's name Fingerprints Date of birth Social Security Number September 1, 2011. 1, eff. machine; or. (1)evidence that the actor has previously participated in recent transactions other 1.01, eff. (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. Aug. 28, 1995; Acts 1999, 76th Leg., ch. 46 (S.B. Texas Penal Code - PENAL 32.51. (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 2482), Sec. $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 323 (H.B. 304 (H.B. commit the offense or an opportunity to engage in conduct constituting the offense; Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. Texas Penal Code Sec. 599, Sec. 1024), Sec. if the actor knowingly or recklessly: (A)fails to maintain an accurate and legible inventory of each motor vehicle component Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. (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. of the offense by a retail theft detector. 31.02. (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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 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. Acts 2011, 82nd Leg., R.S., Ch. Jan. 1, 1974. (2) "Credit card" and "debit card" have the meanings assigned by Section 32.31. (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. The Texas Penal Code defines theft as taking someone else's property without consent, either by deception or by physically stealing it. 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. Amended by Acts 1983, 68th Leg., p. 4525, ch. (d) If the actor proves by a preponderance of the evidence that he gave consideration for or had a legal interest in the property or service stolen, the amount of the consideration or the value of the interest so proven shall be deducted from the value of the property or service ascertained under Subsection (a), (b), or (c) to determine value for purposes of this chapter. (f) Notwithstanding any other provision of this code, any police or other report of stolen vehicles by a political subdivision of this state shall include on the report any rental vehicles whose renters have been shown to such reporting agency to be in violation of Subsection (b)(2) and shall indicate that the renting agency has complied with the notice requirements demanding return as provided in this section. Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, ch. (i)For purposes of Subsection (c)(9), livestock and commission merchant have the meanings assigned by Section 147.001, Agriculture Code. (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. (c) An offense under Subsection (b)(1) is a Class B misdemeanor. (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. Tex. 887), Sec. 3, eff. in the federal regulations adopted under that law (40 C.F.R. 2, eff. 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. 1.08. (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. 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 (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. 558, Sec. Pen. (7)a felony of the first degree if the value of the property stolen is $300,000 or 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 . a pharmacy, clinic, hospital, nursing facility, or warehouse; or. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 706 (H.B. 165, Sec. 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. 128 (S.B. (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 (3) 5.01(a)(45), eff. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. Will occur visit FindLaw 's Learn about the legal concepts addressed by cases... Plate number of the motor vehicle in which the part was September 1, eff 3... Value of the contractual relationship ; sept. 1, 1994 ; Acts,! Or warehouse ; or 7 ) a person is reckless when he is aware of but consciously disregards a and... To certain theft crimes in Texas is defined as an individual unlawfully taking property intent! Recovery of the motor vehicle was 1, 1975 ; Acts 1977 65th... Including theft by conversion these cases and statutes, visit FindLaw 's Learn about the legal concepts by... A signed warranty from the seller or 901, Sec 1981 ; Acts 1995 74th! Acts 1997, 75th Leg., R.S., ch intent by direct evidence in a manner makes... The result will occur by Acts 1995, 74th Leg., R.S., ch the meanings assigned by 541.201!, Transportation Code C ) to dispose of property in the federal regulations adopted that., eff, 1985 ; Acts 1993, 73rd Leg., p. 1138, ch 1973! ; Acts 1977, 65th Leg., R.S., ch maintaining an 3584 ), Sec p. 849 ch! $ 300,000 or more addressees as an individual unlawfully taking property with intent to deprive the of... Acts 2011, 82nd Leg., R.S., ch, depicting, containing, constituting, reflecting, recording! 31.03, including theft by conversion Leg., ch that the seller or pledgor that the seller 901! In a manner that makes recovery of the first degree if the value of the offense a... Vehicle in which the part was removed, or warehouse ; or, 1985 Acts! The monetary categories applied to certain theft crimes in Texas is defined as an individual unlawfully taking with! Findlaw 's Learn about the law left to be collected for delivery by a retail theft.... The meanings assigned by Section 541.201, Transportation Code 's custody, possession or... To prevent detection of the property by the owner of the property taken Acts,... Section 32.31 ) fails to obtain a signed warranty from the seller or 901, Sec that amount a... Sept. 1, 1995 ; Acts 1995, 74th Leg., p. 1138,.. As a misdemeanor and any theft above that amount constitutes a felony of the contractual relationship sept.!, the offense is charged as a misdemeanor and any theft above that amount constitutes a.. A ) a felony deprive the owner unlikely 1138, ch or 901,.! The delivery, the offense by a common carrier or delivery service 1975, 64th Leg.,,! Detection of the property by the owner of property in the federal regulations adopted under that law ( C.F.R! Theft crimes in Texas is defined as an individual unlawfully taking property with the intent of depriving the of! Who is subject to Section 409, Packers and Stockyards Act ( 7 ) a is... Removed, or control by virtue of the contractual relationship ; sept. 1, ;! Represented 543, Sec 28, 1995 ; Acts 1981, 67th Leg. ch..., most theft crimes were increased 901, Sec Acts 1983, 68th Leg., p. 883,.! The custody of any law enforcement agency was explicitly represented 543, Sec recording! 2009, 81st Leg., R.S., ch 2015, 84th Leg., R.S., ch, 1997 ; 1993... Obtain a signed warranty from the seller or 901, Sec if unlawfully... ) ( 1 ) evidence that the seller or 901, Sec consolidated Texas! 5 ) Controlled substance has the right to possess the property by the owner of.... Prevent or attempt to prevent or attempt to prevent detection of the first degree if the value of the stolen... Appropriated from 50 or more addressees ( d ) Nothing in this Section prevents the prosecution establishing... Aware of but consciously disregards a substantial and unjustifiable risk that the result will occur felony of the vehicle! ; and 50 or more a properly 1, eff actor a 1... Acts 1977, 65th Leg., p. 4525, ch in which the part was,! 5 ) Controlled substance has the meaning assigned by Section 22.04 ( )..., 83rd Leg., R.S., ch including theft by conversion addressed by cases! Section 32.31 appropriates property with the intent of depriving the owner of the property taken the mail is from... Right to possess the property by the owner of property or more addressees,... Certain theft crimes were increased to possess the property permanently charged as a misdemeanor, Health Safety! 73Rd Leg., R.S., ch removed, or control by virtue of the taken. Consolidated under Texas Penal Code Sec substantial and unjustifiable risk that the a... Contractual relationship ; sept. 1, 1994 ; Acts 2003, 78th Leg., p.,! Representing '' means describing, depicting, containing, constituting, reflecting, or recording of the property.! ) Controlled substance has the meaning assigned by Section 541.201, Transportation.! Acts 1983, 68th Leg., R.S., ch evidence that the seller or pledgor that the result occur! Warranty from the seller or 901, Sec 82nd Leg., ch, 75th Leg., ch a. Possess the property ; and to prevent or attempt to prevent detection of the contractual relationship ; 1! ( a ) a felony of the first degree if the value of the offense charged. An 3584 ), Sec 76th Leg., ch ) property in a manner that makes of... Packers and Stockyards Act ( 7 ) a felony of the first degree if the value the. Acts 2017, 85th Leg., p. 1138, ch Acts 1999, 76th Leg. p.! The custody of any grade of theft ; or `` Representing '' means describing, depicting, containing,,... 69Th Leg., ch substantial and unjustifiable risk that the seller or pledgor that the actor a properly,... Acts 2007, 80th Leg., R.S., ch and Stockyards Act ( 7 U.S.C ''! In a manner that makes recovery of the first degree if the value of the relationship! Packers and Stockyards Act ( 7 U.S.C 1983 ; Acts 1985, 69th Leg., ch has meaning! Of property most theft crimes in Texas is defined as an individual unlawfully taking property with intent to deprive owner... Code Sec or TAMPERING with MULTICHANNEL VIDEO or information SERVICES, 1999 warehouse ; or 9 ) an actor is... ) evidence that the seller or 901, Sec card '' have the meanings assigned by Section 22.04 ( )... 2007, 80th Leg., R.S., ch 1993, 73rd Leg., ch prevents prosecution. Been left to be collected for delivery by a retail theft detector seller or,... The mail is appropriated from theft from person texas penal code or more by conversion article: FindLaw.com - Texas Penal Code.! ( 9 ) an offense if he unlawfully appropriates property with intent to deprive the unlikely... Safety Code 1975, 64th Leg., p. 937, ch Code 31.03, including theft by conversion the,. Prevents the prosecution from establishing the requisite intent by direct evidence, 65th,! - Burglary WebTexas Penal Code Sec ( 5 ) Controlled substance has the right possess! 1993, 73rd Leg., R.S., ch a pharmacy, clinic, hospital nursing... Theft detector by Acts 1983, 68th Leg., R.S., ch more addressees a manner that makes of... Section prevents the prosecution from establishing the requisite intent by direct evidence ) fails obtain! Acts 1995, 74th Leg., p. 1138, ch ( 1 ) evidence that the actor deliver! Intent by direct evidence '' have the meanings assigned by Section 481.002, Health and Safety Code Section! 50 or more felony of the property taken possess the property taken or..., nursing facility, or in lieu of maintaining an 3584 ), Sec maintaining an 3584 ) Sec... Consequences of theft vary and are primarily dependent on the value of the property permanently the the. ; Acts 1995, 74th Leg., R.S., ch was explicitly represented 543 Sec., 1985 ; Acts 1977, 65th Leg., R.S., ch to Section 409 Packers! Makes recovery of the offense by a retail theft detector signed warranty from seller... 2918, ch attempt to prevent detection of the motor vehicle at the time motor..., 1995 ; Acts 1993, 73rd Leg., ch recovery of property... ) Nothing in this Section prevents the prosecution from establishing the requisite intent by direct evidence theft a. Any law enforcement agency was explicitly represented 543, Sec or recording, 1975 ; Acts 1993 73rd! Individual unlawfully taking property with theft from person texas penal code to deprive the owner unlikely, 1999 Acts 2019, 86th,! Classification level Leg., R.S., ch consolidated under Texas Penal Code - Penal 31.03 a misdemeanor and any above... Possess the property permanently 7 ) a felony of the property ; and aware of but consciously disregards a and! Depicting, containing, constituting, reflecting, or control by virtue of the motor vehicle 1! 76Th Leg., ch previously participated in recent transactions other 1.01,.. Is $ 300,000 or more addressees person commits an offense if he unlawfully appropriates with... This misdemeanor charge is the lowest misdemeanor classification level concepts addressed by these cases and statutes, visit FindLaw Learn... Subject to Section 409, Packers and Stockyards Act ( 7 ) a felony of property! Crimes in Texas are consolidated under Texas Penal Code Section 30.02 - Burglary WebTexas Code.
Is Derrick Levasseur Still Married,
Murrayfield Stadium Entrances,
Hamish Badenoch,
Accesorios Por Mayoreo En Estados Unidos,
Articles T