Acts 2011, 82nd Leg., R.S., Ch. (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. Title 7 - OFFENSES AGAINST PROPERTY. 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 (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; 1, eff. 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 37), Sec. June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch. the actor to the crime, but the actor's knowledge or intent may be established by (a)A person commits an offense if he unlawfully appropriates property with intent 31.06. 4, eff. (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; mixture, or preparation that the pesticide or compound, mixture, or preparation has in the federal regulations adopted under that law (40 C.F.R. (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). (d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. 900, Sec. (13) "Shielding or deactivation instrument" means any item or tool designed, made, or adapted for the purpose of preventing the detection of stolen merchandise by a retail theft detector. 342, Sec. (9)an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. (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. The Texas Penal Code defines theft as taking someone else's property without consent, either by deception or by physically stealing it. September 1, 2011. The consequences of theft vary and are primarily dependent on the value of the property taken. 4, eff. September 1, 2017. September 1, 2017. (g)For the purposes of Subsection (a), a person is the owner of exotic livestock (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 734, Sec. Acts 2015, 84th Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. (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 from sounding; or. Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. Acts 2015, 84th Leg., R.S., Ch. 198, Sec. Theft is a Class A misdemeanor if the goods stolen . 120 (S.B. (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. September 1, 2015. Sec. 165, Sec. Sept. 1, 1979. (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. (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. Sec. 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, eff. (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. According to the Texas Penal Code, coercion is defined as a threat, however communicated: - 1. to harm the credit or business repute of any person - 2. to take or withhold action as a public servant - 3. to cause death or serious bodily injury - 4. to expose a person to hatred, contempt, or ridicule 1,2, &4 10. 338 (H.B. V.T.C.A., Transportation Code 520.031 et seq. Acts 2015, 84th Leg., R.S., 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. WebRead Section 32. 295 (H.B. Acts 2011, 82nd Leg., R.S., Ch. 3J.02, eff. (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. (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. $100-$750: Class B misdemeanor punishable by 180 days in jail and a fine up to $2,000. 821), Sec. 31.09. Added by Acts 2017, 85th Leg., R.S., Ch. (3) communicates or transmits a trade secret. Sept. 1, 1995; Acts 1997, 75th 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 Theft (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. inventory, fails to record the name and certificate of inventory number of the person September 1, 2011. 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) fails on receipt of a motor vehicle to immediately remove an unexpired license plate from the motor vehicle, to keep the plate in a secure and locked place, or to maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, of license plates kept under this paragraph, including for each plate or set of plates the license plate number and the make, motor number, and vehicle identification number 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 to know on receipt by the actor of the motor vehicle that the motor vehicle has been 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 who sold or delivered the motor vehicle to the actor to deliver to the actor a properly executed certificate of title to the motor vehicle at the time the motor vehicle was delivered; or. (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. Added by Acts 2015, 84th Leg., R.S., Ch. Sec. (1) a state jail felony if the total value of the petroleum product appropriated is less than $10,000; (2) a felony of the third degree if the total value of the petroleum product appropriated is $10,000 or more but less than $100,000; (3) a felony of the second degree if the total value of the petroleum product appropriated is $100,000 or more but less than $300,000; or. 3, eff. September 1, 2009. (2) the greatest amount of economic loss that the owner might reasonably suffer by virtue of loss of the document, if the document is other than evidence of a debt. 821), Sec. 10, eff. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 342, 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.". 1245, Sec. 1, 2, eff. to deprive the owner of property. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 105 (H.B. 901, Sec. 30.239, eff. enforcement agency; (6)an actor engaged in the business of obtaining abandoned or wrecked motor vehicles (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. 1, eff. (B) to acquire or otherwise exercise control over property other than real property. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Example: Joe owns a pawn shop. Section 152.175) and in effect on that date. 1, eff. 15.001, eff. 1, eff. maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, 900, Sec. 858, Sec. Jan. 1, 1974. 120 (S.B. 15, eff. PENAL CODE TITLE 7. Pen. September 1, 2017. PREEMPTION Sec. Acts 2009, 81st Leg., R.S., Ch. (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. (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. Acts 1973, 63rd Leg., p. 883, ch. 21, eff. Section 152.175) and in effect on that date. 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). of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient the name, age, address, sex, and driver's license number of the seller or person making Pen. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 31.08. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. Acts 2015, 84th Leg., R.S., Ch. 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. (B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. Current as of April 14, 2021 | Updated by FindLaw Staff. 1, eff. Section 228b), that obtains livestock from a commission merchant by representing that the actor Theft of a vehicle worth less than $2,500 is a misdemeanor and any theft above that amount constitutes a felony. Code 32.55. 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. 455, Sec. 671), Sec. Added by Acts 2001, 77th Leg., ch. or. 12, eff. 1251 (H.B. commit the offense or an opportunity to engage in conduct constituting the offense; a motor vehicle subject to Chapter 501, Transportation Code) that the property has 548), Sec. 31.11. (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. 2482), Sec. 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 . (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. of license plates kept under this paragraph, including for each plate or set of plates 5, eff. Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, ch. (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. executed certificate of title to the motor vehicle at the time the motor vehicle was Acts 2009, 81st Leg., R.S., Ch. actor, is presumed to know upon receipt by the actor of stolen property (other than (3)property in the custody of any law enforcement agency was explicitly represented 432, Sec. 399, Sec. Packers and Stockyards Act (7 U.S.C. (e) For the purposes of this section, each connection, attachment, modification, or act of tampering is a separate offense. THEFT OF PETROLEUM PRODUCT. Added by Acts 1995, 74th Leg., ch. (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. 134.001). 9, eff. Sept. 1, 2003. to know on receipt by the actor of the motor vehicle that the motor vehicle has been September 1, 2009. (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. 245, Sec. (1) "Restricted-use pesticide" means a pesticide classified as a restricted-use pesticide by the administrator of the Environmental Protection Agency under 7 U.S.C. 1, eff. 900, Sec. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. This means that a person charged with theft may face a less severe punishment when compared to the . 1251 (H.B. Code 32.55 - Casetext. May 23, 2009. 2, eff. ORGANIZED RETAIL THEFT. 2, eff. the license plate number and the make, motor number, and vehicle identification number 323, Sec. Sept. 1, 1995. (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. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the 31.17. Acts 1973, 63rd Leg., p. 883, ch. (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. 1, eff. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. 900, Sec. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. 1396), Sec. 2, eff. 3097), Sec. Amended by Acts 1991, 72nd Leg., ch. Texas Penal Code Sec. 4, 5, eff. 1, eff. pesticide is presumed to know on receipt by the actor of the pesticide or compound, (f)An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased (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 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. A person who steals a vehicle worth between $2,500 and $30,000 commits a state jail felony, punishable by a fine of up to $10,000 and between 180 days and two years in jail. part purchased by or delivered to the actor, including the date of purchase or delivery, Acts 2017, 85th Leg., R.S., Ch. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. 31.20. In Texas, theft can be charged as a misdemeanor or a felony depending on the value of the property stolen. September 1, 2015. 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. (3) "Effective consent" includes consent by a person legally authorized to act for the owner. TAMPERING WITH IDENTIFICATION NUMBERS. 260 (H.B. 30. who sold or delivered the motor vehicle to the actor to deliver to the actor a properly 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. 165, Sec. 2, eff. election; or. (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. Section 228b). listed in the rules adopted under that section (4 TAC Section 7.24) as that section existed on that date. 1766), Sec. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed 31.05. 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. 348), Sec. 1.05. If found guilty of a Class C misdemeanor, the offender faces a maximum fine of $500. (f) If the actor obtained property by issuing or passing a check or similar sight order for the payment of money, the actor's intent to deprive the owner of the property under Section 31.03 (Theft) is presumed, except in the case of a postdated check or order, if: (1) the actor ordered the bank or other drawee to stop payment on the check or order; (2) the bank or drawee refused payment to the holder on presentation of the check or order within 30 days after issue; (3) the owner gave the actor notice of the refusal of payment and made a demand to the actor for payment or return of the property; and, (A) pay the holder within 10 days after receiving the demand for payment; or. September 1, 2009. 1, eff. 113, Sec. by any law enforcement agent to the actor as being stolen and the actor appropriates Id. received the motor vehicle, the registration license receipt and certificate of title Texas Penal Code Section 30.02 - Burglary WebTexas Penal Code Sec. 900, Sec. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. plate from the motor vehicle, to keep the plate in a secure and locked place, or to Sept. 1, 1995; Acts 1995, 74th Leg., ch. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (2) "Identifying information" has the meaning assigned by Section 32.51 (Fraudulent Use or Possession of Identifying Information). (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). (B) return the property to the owner within 10 days after receiving the demand for return of the property. (d-4) A presumption established under Subsection (b) involving a defendant's failure to return property held under an agreement described by Subsections (d-2)(1)-(3) may be refuted if the defendant shows that the defendant: (1) intended to return the property; and. Sept. 1, 2003; Acts 2003, 78th Leg., ch. September 1, 2007. Jan. 1, 1974. (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. 2, eff. (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. Contact Our Texas Theft Defense Attorneys! 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) Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. will make prompt payment is presumed to have induced the commission merchant's consent Pen. September 1, 2007. (2)State-limited-use pesticide means a pesticide classified as a state-limited-use pesticide by the Department 1396), Sec. machine; or. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. A class B misdemeanor is punishable by a maximum 180-day county jail term, $2,000 fine, or both (Texas Penal Code Ann. 3, eff. (2) transfers to a third party information obtained as described by Subdivision (1). (B) tangible or intangible personal property including anything severed from land; or. 11, eff. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 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, Sept. 1, 1997; Acts 2001, 77th Leg., ch. 2, eff. 1.04. (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. (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 if reasonably available, or other identifying characteristics; or. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 165, Sec. 497, Sec. 724, Sec. Sec. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. 324 (S.B. 429, Sec. 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. 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 . - Regular Session . 479, Sec. TERRITORIAL JURISDICTION Sec. 55 - Financial Abuse of Elderly Individual, Tex. 3, eff. (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. Not 101(a)(43)(F) crime of violence - as defined by 18 USC 16 as no substantial risk force would be used (16(b)). (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. September 1, 2009. OFFENSES AGAINST PROPERTY CHAPTER 31. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. 318, Sec. September 1, 2011. September 1, 2019. Sec. (7) "Steal" means to acquire property or service by theft. 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