Sept. 1, 1985; Acts 1987, 70th Leg., ch. 2, eff. (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. Sept. 1, 1999. 1.01, eff. enforcement agency; (6)an actor engaged in the business of obtaining abandoned or wrecked motor vehicles 3097), Sec. September 1, 2009. 1.01, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (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. 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) (4) a felony of the first degree if the total value of the cargo involved in the activity is $200,000 or more. 1, eff. CONSOLIDATION OF THEFT OFFENSES. 497, Sec. or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. September 1, 2009. 10, eff. 1, eff. (7)a felony of the first degree if the value of the property stolen is $300,000 or 4, eff. the actor to the crime, but the actor's knowledge or intent may be established by (f)An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased that all recorded liens on the motor vehicle have been released; or. (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. will make prompt payment is presumed to have induced the commission merchant's consent 2482), Sec. (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. 31.04. | https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/. Financial exploitation of the elderly is a criminal offense in Texas that has been in the statutes since 2011. (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. (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. (g) For the purposes of Subsection (a), a person is the owner of exotic livestock 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. 31.18. (e) For the purposes of this section, each connection, attachment, modification, or act of tampering is a separate offense. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Aug. 28, 1995; Acts 1999, 76th Leg., ch. 2, eff. (3) the actor was solicited to commit the offense by a peace officer, and the solicitation was of a type that would encourage a person predisposed to commit the offense to actually commit the offense, but would not encourage a person not predisposed to commit the offense to actually commit the offense. PREEMPTION Sec. Section 152.175) and in effect on that date. Jan. 1, 1974. (1) "Access device," "connection," and "device" mean an access device, connection, or device wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried by a multichannel video or information services provider. Sec. or a compound, mixture, or preparation containing a restricted-use or state-limited-use (6)Wholesale distributor of prescription drugs means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. 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. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. 260 (H.B. 113, Sec. to know on receipt by the actor of the motor vehicle that the motor vehicle has been (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. 3J.02, eff. (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. (a) A person commits an offense if the person for remuneration intentionally or knowingly manufactures, assembles, modifies, imports into the state, exports out of the state, distributes, advertises, or offers for sale, 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. part purchased by or delivered to the actor, including the date of purchase or delivery, Added by Acts 1995, 74th Leg., ch. This misdemeanor charge is the lowest misdemeanor classification level. 599, Sec. 2, eff. Acts 2017, 85th Leg., R.S., Ch. Contact us. If you have been charged with felony theft, the State of Texas must prove beyond a reasonable doubt that the item that was allegedly stolen was worth at least $2,500. inventory, fails to record the name and certificate of inventory number of the person 1, eff. of the motor vehicle from which the part was removed, or in lieu of maintaining an 1, eff. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 1999, 76th Leg., ch. (1) a Class C misdemeanor if the value of the service stolen is less than $100; (2) a Class B misdemeanor if the value of the service stolen is $100 or more but less than $750; (3) a Class A misdemeanor if the value of the service stolen is $750 or more but less than $2,500; (d-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. Theft - last updated April 14, 2021 (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. (12) "Retail theft detector" means an electrical, mechanical, electronic, or magnetic device used to prevent or detect shoplifting and includes any article or component part essential to the proper operation of the device. An offense under Subsection (b)(2) is a Class A misdemeanor. 13, eff. 2, 3, eff. (2) "Copy" means a facsimile, replica, photograph, or other reproduction of an article or a note, drawing, or sketch made of or from an article. September 1, 2009. (3) communicates or transmits a trade secret. Acts 2013, 83rd Leg., R.S., Ch. actor's custody, possession, or control by virtue of the contractual relationship; who sold or delivered the motor vehicle to the actor to deliver to the actor a properly 3, eff. 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 While legislators continue to fight for felony charges for dog thefts, as of 2020, dogs were not a special class of property in Texas. (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. if reasonably available, or other identifying characteristics; or. Sept. 1, 2003. 20, eff. Theft may be taking property that the defendant already knows to be stolen by someone else. Sept. 1, 1997; Acts 2003, 78th Leg., ch. Sept. 1, 1983; Acts 1985, 69th 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. 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 31.04. September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. 1, eff. 120 (S.B. 245, Sec. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 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. September 1, 2011. (a) Subject to the additional criteria of Subsections (b) and (c), value under this chapter is: (1) the fair market value of the property or service at the time and place of the offense; or. (d) An offense under this section is a Class A misdemeanor. 2, eff. 1153, Sec. 3, eff. The consequences of theft vary and are primarily dependent on the value of the property taken. (2) knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument. (d) An offense under this section is a Class C misdemeanor unless it is shown on the trial of the offense that the actor: (1) has been previously convicted one time of an offense under this section, in which event the offense is a Class B misdemeanor, or convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor; or. Amended by Acts 1993, 73rd Leg., ch. 1396), Sec. public servant; (2)the actor was in a contractual relationship with government at the time of the 900, Sec. 30.02 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 intent to commit a felony, theft, or an assault; or (2). (a) In this section, "petroleum product" means crude oil, natural gas, or condensate. September 1, 2009. rebuilding, demolition, or other form of salvage is presumed to know on receipt by September 1, 2019. THEFT OF PETROLEUM PRODUCT. 1251 (H.B. PRESUMPTION FOR THEFT BY CHECK OR SIMILAR SIGHT ORDER. (1)Restricted-use pesticide means a pesticide classified as a restricted-use pesticide by the administrator Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. (2) during the commission of the offense, a person engaged in an activity described by Subsection (b) intentionally, knowingly, or recklessly: (e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 31.08. (2) "Encrypted, encoded, scrambled, or other nonstandard signal" means any type of signal or transmission not intended to produce an intelligible program or service without the use of a device, signal, or information provided by a multichannel video or information services provider. 31.15. Acts 2009, 81st Leg., R.S., Ch. 1, eff. 318, Sec. UNAUTHORIZED USE OF A VEHICLE. 323 (H.B. 1, eff. Start: Jan 22, 2023 Get Offer Offer 203, Sec. The Texas Penal Code defines theft as taking someone else's property without consent, either by deception or by physically stealing it. 1, eff. 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. an offense under this section that involves the state Medicaid program. actor received the motor vehicle, not later than the 20th day after the date the actor 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. Code 32.55. 1, eff. 4, eff. to deprive the owner of property. DEFINITIONS. A class B misdemeanor is punishable by a maximum 180-day county jail term, $2,000 fine, or both (Texas Penal Code Ann. Sept. 1, 1985; Acts 1985, 69th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. 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 . 903 (H.B. Sept. 1, 1999. Sec. 11, eff. (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; 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. 1 This means that a person charged with theft may face a less severe punishment when compared to the . 724, Sec. (9)an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. (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. You be charged with identity theft for stealing any of the following information: Another person's name Fingerprints Date of birth Social Security Number 349, Sec. 342, Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. (C) a controlled substance, having a value of less than $150,000, if stolen from: (i) a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; or. 2, eff. Sept. 1, 1999. 198, Sec. OBJECTIVES OF CODE Sec. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 706 (H.B. Amended by Acts 1991, 72nd Leg., ch. 31.20 Texas Penal Code - PENAL 31.20. 1396), Sec. 1, eff. The term includes an automated banking machine. (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. TERRITORIAL JURISDICTION Sec. If found guilty of a Class C misdemeanor, the offender faces a maximum fine of $500. 1, eff. 419, Sec. 1251 (H.B. a certificate of title showing that the motor vehicle is not subject to a lien or A person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section . DEFINITIONS Sec. 31.20. In this chapter: (1)AA"Deception" means: (A)AAcreating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true; Sept. 1, 2003; Acts 2003, 78th Leg., ch. (c) An offense under this section is a felony of the third degree. or evidence of title delivered to the actor in accordance with Subchapter D, Chapter (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. Read the full Texas Code for more information. TAMPERING WITH IDENTIFICATION NUMBERS. came into the actor's custody, possession, or control by virtue of his status as a 55 - Financial Abuse of Elderly Individual, Tex. 734, Sec. September 1, 2015. 141 (S.B. 1276, Sec. Sec. (d-3) For purposes of Subsection (a)(4): (1) if the compensation is or was to be paid on a periodic basis, the intent to avoid payment for a service may be formed at any time during or before a pay period; (2) the partial payment of wages alone is not sufficient evidence to negate the actor's intent to avoid payment for a service; and. 120 (S.B. 4, eff. Tex. Sec. the uncorroborated testimony of the accomplice; (3)an actor engaged in the business of buying and selling used or secondhand personal or. 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. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller or (2) "Identifying information" has the meaning assigned by Section 32.51. pledgor has the right to possess the property. (i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. 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. 1.01, eff. (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. $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 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, eff. (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. having an aggregate value of less than $150,000; or. Sept. 1, 1987; Acts 1989, 71st Leg., ch. (ii) a vehicle owned or operated by a wholesale distributor of prescription drugs; (A) the value of the property stolen is $150,000 or more but less than $300,000; or, (B) the value of the property stolen is less than $300,000 and the property stolen is an automated teller machine or the contents or components of an automated teller machine; or. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1, eff. (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. 31.13. 257, Sec. (b) A person commits an offense if, without the owner's effective consent, he knowingly: (2) makes a copy of an article representing a trade secret; or. Pen. 887), Sec. (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. 901, Sec. (4) a felony of the first degree if the total value of the petroleum product appropriated is $300,000 or more. Tex. commit the offense, but would not encourage a person not predisposed to commit the maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, Acts 1973, 63rd Leg., p. 883, ch. (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). 338 (H.B. commit the offense or an opportunity to engage in conduct constituting the offense; September 1, 2011. more. received the motor vehicle, the registration license receipt and certificate of title pesticide is presumed to know on receipt by the actor of the pesticide or compound, 1.05. 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.". Felony Theft in Texas In Texas, theft becomes a felony when a specific object was taken, the property was valued at $2,500 or more, or the alleged offender has prior theft convictions. 821), Sec. 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. 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