(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. (4)Automated teller machine means an unstaffed electronic information processing device that, at the request part purchased by or delivered to the actor, including the date of purchase or delivery, 1, eff. September 1, 2007. VALUE. 1, eff. if reasonably available, or other identifying characteristics; or. 55, see flags on bad law, and search Casetext's comprehensive legal database PENAL CODE. the value of $30,000; (B)regardless of value, the property is stolen from the person of another or from government at the time of the offense and the property appropriated came into the Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 3, eff. 31.15. 1, eff. 976 (S.B. 858, Sec. A class B misdemeanor is punishable by a maximum 180-day county jail term, $2,000 fine, or both (Texas Penal Code Ann. ACTOR'S INTEREST IN PROPERTY. Section 228b). 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. (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. (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. (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. Amended by Acts 1975, 64th Leg., p. 914, ch. 20, eff. You be charged with identity theft for stealing any of the following information: Another person's name Fingerprints Date of birth Social Security Number public servant; (2)the actor was in a contractual relationship with government at the time of the (4) a felony of the first degree if the total value of the cargo involved in the activity is $200,000 or more. (11) "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment. What is THEFT? property, or lending money on the security of personal property deposited with the Acts 1973, 63rd Leg., p. 883, ch. 1, eff. 30.237, eff. (9)an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. (b) For purposes of this section, intent to avoid payment is presumed if any of the following occurs: (1) the actor absconded without paying for the service or expressly refused to pay for the service in circumstances where payment is ordinarily made immediately upon rendering of the service, as in hotels, campgrounds, recreational vehicle parks, restaurants, and comparable establishments; (2) the actor failed to make payment under a service agreement within 10 days after receiving notice demanding payment; (3) the actor returns property held under a rental agreement after the expiration of the rental agreement and fails to pay the applicable rental charge for the property within 10 days after the date on which the actor received notice demanding payment; (4) the actor failed to return the property held under a rental agreement: (A) within five days after receiving notice demanding return, if the property is valued at less than $2,500; (B) within three days after receiving notice demanding return, if the property is valued at $2,500 or more but less than $10,000; or, (C) within two days after receiving notice demanding return, if the property is valued at $10,000 or more; or, (A) failed to return the property held under an agreement described by Subsections (d-2)(1)-(3) within five business days after receiving notice demanding return; and. CONSTRUCTION OF CODE Sec. 338 (H.B. by any law enforcement agent to the actor as being stolen and the actor appropriates September 1, 2011. Added by Acts 1995, 74th Leg., ch. (4) the actor intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make full payment after receiving notice demanding payment. (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. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Added by Acts 1979, 66th Leg., p. 417, ch. (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; 1, eff. Acts 2007, 80th Leg., R.S., Ch. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller or SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. (d) 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 an undercover operative or peace officer; (2) the actor was provided by a law enforcement agency with a facility in which to commit the offense or an opportunity to engage in conduct constituting the offense; or. 10, eff. (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). 1.01, eff. September 1, 2017. September 1, 2009. 399, Sec. (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. 1, eff. Under Texas Penal Code 22.04 (a), a person commits the offense of injury to a child, elderly individual, or disabled individual if they cause a serious bodily injury, serious mental deficiency, impairment, or injury, or bodily injury to a child, elderly individual, or disabled individual. or other indicia of a transaction for delayed transmission to a financial institution. 4, eff. 900, Sec. Jan. 1, 1974. 419, Sec. (c) An offense under this section is a felony of the third degree. stolen by another; or. (7) a felony of the first degree if the value of the service stolen is $300,000 or more. Class C misdemeanor. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 2, 3, eff. Read the full Texas Code for more information. or. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. actor received the motor vehicle, not later than the 20th day after the date the actor Sept. 1, 1995; Acts 1997, 75th Leg., ch. 2, eff. 10, 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. the license plate number and the make, motor number, and vehicle identification number 900, Sec. 1.01, eff. September 1, 2011. 558, Sec. 671), Sec. Sept. 1, 1995. Wholesale distributor of prescription drugs. 2482), 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.". Sept. 1, 1993; Acts 1993, 73rd Leg., ch. CARGO THEFT. 37), Sec. September 1, 2017. 298, Sec. (2) knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument. 1.08. THEFT OF PETROLEUM PRODUCT. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 671), Sec. Financial exploitation of the elderly is a criminal offense in Texas that has been in the statutes since 2011. 31.19. 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 (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. (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. (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. (i)For purposes of Subsection (c)(9), livestock and commission merchant have the meanings assigned by Section 147.001, Agriculture Code. 1, eff. Amended by Acts 1993, 73rd Leg., ch. September 1, 2009. Amended by Acts 1999, 76th Leg., ch. (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. (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. from sounding; or. Sept. 1, 1995. 1766), Sec. the property believing it was stolen by another. that all recorded liens on the motor vehicle have been released; or. Texas Statutes Penal Code Title 7 Chapter 30 Section 30.02 Texas Penal Code Sec. In Texas, theft can be charged as a misdemeanor or a felony depending on the value of the property stolen. or evidence of title delivered to the actor in accordance with Subchapter D, Chapter Pen. 1, eff. 2, eff. 7.01, eff. September 1, 2013. 32.53. 1234 (S.B. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. 1.01. 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. Acts 2009, 81st Leg., R.S., Ch. THEFT OF SERVICE. 1, eff. Current as of April 14, 2021 | Updated by FindLaw Staff. (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. Acts 2009, 81st Leg., R.S., Ch. 2482), Sec. received the motor vehicle, the registration license receipt and certificate of title (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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1871), Sec. of the offense by a retail theft detector. September 1, 2011. (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. Sec. 1.05. (2) "Identifying information" has the meaning assigned by Section 32.51 (Fraudulent Use or Possession of Identifying Information). Chapter 31 of the Texas Penal Code governs the crime of THEFT in Texas. the actor's plea of not guilty; (2)the testimony of an accomplice shall be corroborated by proof that tends to connect September 1, 2015. Cite this article: FindLaw.com - Texas Penal Code - PENAL 31.03. 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. 900, Sec. (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. 455, Sec. (2) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code. 1, eff. (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. (b) An offense under this section is a state jail felony. 31.06. (b) A person commits an offense if the person intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, or disposes of: (2) merchandise explicitly represented to the person as being stolen retail merchandise. (7)a felony of the first degree if the value of the property stolen is $300,000 or OFFENSES AGAINST PROPERTY CHAPTER 31. (C)fails to obtain a signed warranty from the seller or pledgor that the seller or Sec. 1274 (H.B. Theft is a Class A misdemeanor if the goods stolen . Acts 2015, 84th Leg., R.S., Ch. 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. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. (c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property. Sec. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. (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) 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. 900, Sec. Class B misdemeanor for theft of property from $100 . 900, Sec. 933 (H.B. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. 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. Failure to prove the element of value will make it impossible for the prosecutor to convict you of a felony theft charge. Acts 2009, 81st Leg., R.S., Ch. MANUFACTURE, DISTRIBUTION, OR ADVERTISEMENT OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. Texas Penal Code Section 30.02 - Burglary WebTexas Penal Code Sec. SHORT TITLE Sec. (a) A person commits an offense if, without the authorization of the multichannel video or information services provider, the person intentionally or knowingly: (1) makes or maintains a connection, whether physically, electrically, electronically, or inductively, to: (A) a cable, wire, or other component of or media attached to a multichannel video or information services system; or. 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. PRESUMPTION FOR THEFT BY CHECK OR SIMILAR SIGHT ORDER. 5.01(a)(45), eff. TERRITORIAL JURISDICTION Sec. (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. 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. 1, eff. Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 46 (S.B. or. (b) A person commits an offense if the person: (1) knowingly or intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, abandons, or disposes of: (B) cargo explicitly represented to the person as being stolen cargo; or. Sept. 1, 2003. A person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section . (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. 342, Sec. an offense under this section that involves the state Medicaid program. 338 (H.B. 323 (H.B. Sec. 31.10. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. rebuilding, demolition, or other form of salvage is presumed to know on receipt by (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. 15.001, eff. 31.13. Amended by Acts 1977, 65th Leg., p. 1138, ch. 497, Sec. (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04. ORGANIZED RETAIL THEFT. 497, Sec. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the 191, 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 Acts 2011, 82nd Leg., R.S., Ch. 399, Sec. 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, DEFINITIONS. (B) has made fewer than three complete payments under the agreement. (d-5) For purposes of Subsection (b)(5), "business day" means a day other than Sunday or a state or federal holiday. 113, Sec. September 1, 2007. 1, eff. 349, Sec. Added by Acts 2017, 85th Leg., R.S., Ch. (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. September 1, 2007. 31.04 Theft of Service (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) (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). (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. 5, eff. more. 1, eff. Sec. 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. or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide Amended by Acts 1983, 68th Leg., p. 2920, ch. June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch. (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. September 1, 2017. (B) return the property to the owner within 10 days after receiving the demand for return of the property. (d)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 1, eff. All rights reserved. Acts 2015, 84th Leg., R.S., Ch. Added by Acts 2011, 82nd Leg., R.S., Ch. (2) is employed as a driver lawfully contracted to transport a specific cargo by vehicle from a known point of origin to a known point of destination and, with the intent to conduct, promote, or facilitate an activity described by Subdivision (1), knowingly or intentionally: (A) fails to deliver the entire cargo to the known point of destination as contracted; or. (a) For purposes of this section: (1) "Article" means any object, material, device, or substance or any copy thereof, including a writing, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map. actor's custody, possession, or control by virtue of the contractual relationship; 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. 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 (c) An offense under Subsection (b)(1) is a Class B misdemeanor. Acts 2015, 84th Leg., R.S., Ch. 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. 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 is: (5)a felony of the third degree if the value of the property stolen is $30,000 or 432, Sec. Sec. 479, Sec. 2482), 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. V.T.C.A., Transportation Code 520.031 et seq. 2, eff. (f)An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased (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: Start: Jan 22, 2023 Get Offer Offer (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. 1, eff. Theft is a class A misdemeanor if the value of the stolen property or services is $750 or more but less than $2,500. Theft - last updated April 14, 2021 Sept. 1, 1999. 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. 901, Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Sec. WebRead Section 32. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, ch. pesticide is presumed to know on receipt by the actor of the pesticide or compound, at 32.53 (b). (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. Pen. OBJECTIVES OF CODE Sec. 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. Theft (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. An offense under Subsection (b)(2) is a Class A misdemeanor. 12.22). 1251 (H.B. 1396), Sec. Theft may be taking property that the defendant already knows to be stolen by someone else. Texas Penal Code Section 32.31 - Credit Card or Debit Card Abuse Texas Statutes Penal Code Title 7 Chapter 32 Section 32.31 Texas Penal Code Sec. 1 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
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