(a) In this section: (1) "Cargo" means goods, as defined by Section 7.102, Business & Commerce Code, that constitute, wholly or partly, a commercial shipment of freight moving in commerce. (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. 1, eff. 1178), Sec. offense to actually commit the offense. Acts 1973, 63rd Leg., p. 883, ch. in the federal regulations adopted under that law (40 C.F.R. is an automated teller machine or the contents or components of an automated teller September 1, 2017. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. Texas Statutes Penal Code Title 7 Chapter 30 Section 30.02 Texas Penal Code Sec. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. September 1, 2015. (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. 3584), Sec. Acts 2015, 84th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. $100-$750: Class B misdemeanor punishable by 180 days in jail and a fine up to $2,000. at 32.53 (b). (3) a felony of the third degree if the mail is appropriated from 30 or more addressees. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. Amended by Acts 1983, 68th Leg., p. 2920, ch. Added by Acts 1999, 76th Leg., ch. 31.04. SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. PENAL CODE TITLE 7. 4, eff. Sec. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. September 1, 2011. Theft (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. This misdemeanor charge is the lowest misdemeanor classification level. 1828), Sec. 323, Sec. 1, eff. 393, Sec. 31.08. 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 821), Sec. (B) a reasonable person in the position of the actor would have known that the serial number or other permanent identification marking has been removed, altered, or obliterated. 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 the uncorroborated testimony of the accomplice; (3)an actor engaged in the business of buying and selling used or secondhand personal (7) a felony of the first degree if the value of the property stolen is $300,000 or more. 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. (4) a felony of the first degree if the total value of the petroleum product appropriated is $300,000 or more. came into the actor's custody, possession, or control by virtue of his status as a 2, 3, eff. 31.14. 1, eff. 4, eff. Texas Penal Code Section 30.02 - Burglary WebTexas Penal Code Sec. of the motor vehicle from which the part was removed, or in lieu of maintaining an (F) the value of the property stolen is less than $20,000 and the property stolen is: (5) a felony of the third degree if the value of the property stolen is $30,000 or 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 having an aggregate value of less than $150,000; or. 887), 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. the property believing it was stolen by another. Texas theft charges and penalties are as follows: $100 or less: Class C misdemeanor punishable by a $500 fine and no jail time. 1, eff. (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. Sept. 1, 1994. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the Section 32.51 Texas Penal Code Sec. general has concurrent jurisdiction with that consenting local prosecutor to prosecute 1, eff. been convicted of any grade of theft; or. 429, Sec. 1.07. On September 1, 2015, the Texas House of Representatives passed a bill which amended several laws, including the section of the Texas Penal Code that covers theft offenses. more. (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. (B)fails to file with the county tax assessor-collector of the county in which the A person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section . (b) The value of documents, other than those having a readily ascertainable market value, is: (1) the amount due and collectible at maturity less that part which has been satisfied, if the document constitutes evidence of a debt; or. Acts 2017, 85th Leg., R.S., Ch. (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. September 1, 2011. 3, eff. Pen. 1, eff. rebuilding, demolition, or other form of salvage is presumed to know on receipt by 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 318, Sec. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. Today, most theft crimes in Texas are consolidated under Texas Penal Code 31.03, including theft by conversion. Not 101(a)(43)(F) crime of violence - as defined by 18 USC 16 as no substantial risk force would be used (16(b)). Amended by Acts 1999, 76th Leg., 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. mixture, or preparation that the pesticide or compound, mixture, or preparation has 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. 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. (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. Sec. 1, eff. 1, eff. that all recorded liens on the motor vehicle have been released; or. (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. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 31.16. (a) A person commits an offense if the person intentionally or knowingly sells or leases, with an intent to aid in the commission of an offense under Section 31.12, a device, a kit or part for a device, or a plan for a system of components wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried or caused by a multichannel video or information services provider. 1.05. A class B misdemeanor is punishable by a maximum 180-day county jail term, $2,000 fine, or both (Texas Penal Code Ann. INTRODUCTORY PROVISIONS CHAPTER 1. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 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 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 1.01. All rights reserved. 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. or other official number capable of identifying an individual; (5)stolen property does not lose its character as stolen when recovered by any law Appropriate charges based on property value according to Texas Penal Code 31 include: Class C misdemeanor for theft of property up to $100 in value: $500 fine. (1) evidence that the actor has previously participated in recent transactions other than, but similar to, that which the prosecution is based is admissible for the purpose of showing knowledge or intent and the issues of knowledge or intent are raised by the actor's plea of not guilty; (2) the testimony of an accomplice shall be corroborated by proof that tends to connect the actor to the crime, but the actor's knowledge or intent may be established by the uncorroborated testimony of the accomplice; (3) an actor engaged in the business of buying and selling used or secondhand personal property, or lending money on the security of personal property deposited with the actor, is presumed to know upon receipt by the actor of stolen property (other than a motor vehicle subject to Chapter 501, Transportation Code) that the property has been previously stolen from another if the actor pays for or loans against the property $25 or more (or consideration of equivalent value) and the actor knowingly or recklessly: (A) fails to record the name, address, and physical description or identification number of the seller or pledgor; (B) fails to record a complete description of the property, including the serial number, if reasonably available, or other identifying characteristics; or. 843, Sec. 31.04. 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. (2) committed the offense for remuneration, in which event the offense is a Class A misdemeanor, unless it is also shown on the trial of the offense that the actor has been previously convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor with a minimum fine of $2,000 and a minimum term of confinement of 180 days. 3097), Sec. a certificate of title showing that the motor vehicle is not subject to a lien or The current Texas law defines the offense of Theft of Service in Penal Code Section 31.04 as follows: [1] (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 . 399, Sec. Next . 13, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 2482), Sec. 323, Sec. (e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. (4)Automated teller machine means an unstaffed electronic information processing device that, at the request (2) transfers to a third party information obtained as described by Subdivision (1). Acts 2011, 82nd Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. 120 (S.B. 1, eff. (a) In this section, "petroleum product" means crude oil, natural gas, or condensate. 1153, 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. Texas Penal Code TEXAS PENAL CODE TITLE 1. (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. Acts 1973, 63rd Leg., p. 883, ch. (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. Sec. What is THEFT? 15, eff. Sec. 1871), Sec. 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