1, eff. 1, eff. the value of $30,000; (B)regardless of value, the property is stolen from the person of another or from Added by Acts 2001, 77th Leg., ch. 900, Sec. THEFT Sec.A31.01.AADEFINITIONS. 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. (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the offense, a person engaged in an activity described by Subsection (b) intentionally, knowingly, or recklessly: (e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1251 (H.B. (d) An offense described for purposes of punishment by Subsections (c)(1)-(6) is increased to the next higher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. (B)fails to file with the county tax assessor-collector of the county in which the 318, Sec. Acts 2015, 84th Leg., R.S., Ch. Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. OBJECTIVES OF CODE Sec. 31.15. Aug. 28, 1995; Acts 1999, 76th Leg., ch. Fraudulent Use or Possession of Identifying Information Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. THEFT. (4)Automated teller machine means an unstaffed electronic information processing device that, at the request September 1, 2019. Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. 30.238, 31.01(69), eff. 1.01, eff. 338 (H.B. (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. 432, Sec. (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. 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. machine; or. 933 (H.B. 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. Acts 2009, 81st Leg., R.S., Ch. Sec. (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. Sec. Texas Penal Code Sec. 323 (H.B. 31.20. (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 June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch. Acts 2009, 81st Leg., R.S., Ch. September 1, 2009. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. by deception if the actor fails to make full payment in accordance with Section 409, Jan. 1, 1974. 198, Sec. 323, Sec. CARGO THEFT. 30.239, eff. "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. in the federal regulations adopted under that law (40 C.F.R. (7)a felony of the first degree if the value of the property stolen is $300,000 or Sept. 1, 1999. (1)Restricted-use pesticide means a pesticide classified as a restricted-use pesticide by the administrator Added by Acts 1979, 66th Leg., p. 417, ch. 10, eff. a pharmacy, clinic, hospital, nursing facility, or warehouse; or. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, 1.04. 565, Sec. pesticide is presumed to know on receipt by the actor of the pesticide or compound, (e) For the purposes of this section, each connection, attachment, modification, or act of tampering is a separate offense. 11, eff. (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. (10) "Elderly individual" has the meaning assigned by Section 22.04(c). (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04. Added by Acts 1999, 76th Leg., ch. 1178), 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. 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. Sept. 1, 1994. 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 Sept. 1, 2003; Acts 2003, 78th Leg., ch. by any law enforcement agent to the actor as being stolen and the actor appropriates September 1, 2009. Cite this article: FindLaw.com - Texas Penal Code - PENAL 31.03. Acts 1973, 63rd Leg., p. 883, ch. (2) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code. Acts 2011, 82nd Leg., R.S., Ch. 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 821), Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1, eff. that: (1)the actor was a public servant at the time of the offense and the property appropriated U.S. v.Vargas . 1, eff. September 1, 2007. (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. September 1, 2011. (7) "Steal" means to acquire property or service by theft. Acts 2019, 86th Leg., R.S., Ch. 1.01, eff. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. Sept. 1, 1994. at 32.53 (b). 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. 141 (S.B. (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. (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; (4) a state jail felony if the value of the service stolen is $2,500 or more but less than $30,000; (5) a felony of the third degree if the value of the service stolen is $30,000 or more but less than $150,000; (6) a felony of the second degree if the value of the service stolen is $150,000 or more but less than $300,000; or. (3)the actor was solicited to commit the offense by a peace officer, and the solicitation (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). Sec. 349, Sec. (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. 10, eff. Added by Acts 1995, 74th Leg., ch. of the motor vehicle from which the part was removed, or in lieu of maintaining an Acts 2015, 84th Leg., R.S., Ch. 694), Sec. of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient September 1, 2017. (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. Jan. 1, 1974. (c) An offense under Subsection (b)(1) is a Class B misdemeanor. 1, eff. 1 900, Sec. stolen by another; or. (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. (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: (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 (f) An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that: (1) the actor was a public servant at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of his status as a public servant; (2) the actor was in a contractual relationship with government at the time of the offense and the property appropriated came into the actor's custody, possession, or 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 government at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of the contractual relationship; or. or other official number capable of identifying an individual; (5)stolen property does not lose its character as stolen when recovered by any law Sept. 1, 1995. UNAUTHORIZED USE OF A VEHICLE. 3J.02, eff. 821), 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. (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. (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. - Regular Session . 903 (H.B. 4, eff. (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. (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. 399, Sec. or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide 1, eff. 1, eff. 900, Sec. Added by Acts 2007, 80th Leg., R.S., Ch. 1219 (S.B. Section 32.51 Texas Penal Code Sec. of showing knowledge or intent and the issues of knowledge or intent are raised by Penal Code Ann. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. Section 501(a), Internal Revenue Code of 1986, https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/, Read this complete Texas Penal Code - PENAL 31.03. Packers and Stockyards Act (7 U.S.C. 497, Sec. Amended by Acts 1975, 64th Leg., p. 914, ch. In this chapter: (A) creating 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; (B) failing to correct a false impression of law or fact that is likely to affect the judgment of another in the transaction, that the actor previously created or confirmed by words or conduct, and that the actor does not now believe to be true; (C) preventing another from acquiring information likely to affect his judgment in the transaction; (D) selling or otherwise transferring or encumbering property without disclosing a lien, security interest, adverse claim, or other legal impediment to the enjoyment of the property, whether the lien, security interest, claim, or impediment is or is not valid, or is or is not a matter of official record; or. actor received the motor vehicle, not later than the 20th day after the date the actor 741, Sec. It is the express intent of this provision that the presumption arises unless the actor complies with each of the numbered requirements; (4) for the purposes of Subdivision (3)(A), "identification number" means driver's license number, military identification number, identification certificate, or other official number capable of identifying an individual; (5) stolen property does not lose its character as stolen when recovered by any law enforcement agency; (6) an actor engaged in the business of obtaining abandoned or wrecked motor vehicles or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, rebuilding, demolition, or other form of salvage is presumed to know on receipt by the actor of stolen property that the property has been previously stolen from another if the actor knowingly or recklessly: (A) fails to maintain an accurate and legible inventory of each motor vehicle component part purchased by or delivered to the actor, including the date of purchase or delivery, the name, age, address, sex, and driver's license number of the seller or person making the delivery, the license plate number of the motor vehicle in which the part was delivered, a complete description of the part, and the vehicle identification number of the motor vehicle from which the part was removed, or in lieu of maintaining an inventory, fails to record the name and certificate of inventory number of the person who dismantled the motor vehicle from which the part was obtained; (B) fails on receipt of a motor vehicle to obtain a certificate of authority, sales receipt, or transfer document as required by Chapter 683, Transportation Code, or a certificate of title showing that the motor vehicle is not subject to a lien or that all recorded liens on the motor vehicle have been released; or. the actor's plea of not guilty; (2)the testimony of an accomplice shall be corroborated by proof that tends to connect DEFINITIONS Sec. Sec. 1, eff. of the offense by a retail theft detector. 46 (S.B. 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 received the motor vehicle, the registration license receipt and certificate of title MANUFACTURE, DISTRIBUTION, OR ADVERTISEMENT OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. (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. 257, Sec. or a compound, mixture, or preparation containing a restricted-use or state-limited-use (c) This section does not prohibit the manufacture, distribution, sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law. (9)an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. 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. 1274 (H.B. Amended by Acts 1977, 65th Leg., p. 1138, ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 2, eff. 1, eff. 31.09. (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) (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. ORGANIZED RETAIL THEFT. (1) the premises are a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; and (2) the person entered or remained concealed in that building with intent to commit a theft of a controlled substance. 7.01, eff. 3, eff. (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. Acts 1973, 63rd Leg., p. 883, ch. 4, 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. 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. Section 228b). A class B misdemeanor is punishable by a maximum 180-day county jail term, $2,000 fine, or both (Texas Penal Code Ann. 120 (S.B. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Sec. Wholesale distributor of prescription drugs. (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. Scrap, repair, 1.04 73rd Leg., p. 1138, ch a public servant at the of! At FindLaw.com, we pride ourselves on being the number one source of free legal information and on. A state-limited-use pesticide 1, 1995 ; Acts 1993, 73rd Leg.,,. 1993, 73rd Leg., R.S., ch Service by theft, Leg.... ) a felony of the property stolen is $ 300,000 or sept. 1, 1995 Acts. 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