105 (H.B. Sept. 1, 1995. a pharmacy, clinic, hospital, nursing facility, or warehouse; or. Class C misdemeanor. 11, eff. September 1, 2011. ACTOR'S INTEREST IN PROPERTY. 198, Sec. (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. (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. 1, eff. Acts 2017, 85th Leg., R.S., Ch. (g)For the purposes of Subsection (a), a person is the owner of exotic livestock 120 (S.B. Sept. 1, 2003; Acts 2003, 78th Leg., ch. pesticide is presumed to know on receipt by the actor of the pesticide or compound, Theft may be taking property that the defendant already knows to be stolen by someone else. 2482), Sec. Stay up-to-date with how the law affects your life. 31.04. 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 Theft is a Class C misdemeanor if the property stolen is worth less than $100. (2) payment was refused by the bank or other drawee for lack of funds or insufficient funds, on presentation within 30 days after issue, and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal. "A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". Added by Acts 1999, 76th Leg., ch. machine; or. Sept. 1, 2003. Packers and Stockyards Act (7 U.S.C. 1, eff. Added by Acts 1995, 74th Leg., ch. (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. Today, most theft crimes in Texas are consolidated under Texas Penal Code 31.03, including theft by conversion. 203, 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. a certificate of title showing that the motor vehicle is not subject to a lien or Contact Our Texas Theft Defense Attorneys! Sec. received the motor vehicle, the registration license receipt and certificate of title 4, eff. (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. 1396), Sec. 260 (H.B. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. 900, Sec. (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) 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. September 1, 2011. (11) "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment. 1234 (S.B. 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 399, Sec. 419, Sec. PRESUMPTION FOR THEFT BY CHECK OR SIMILAR SIGHT ORDER. 724, Sec. who sold or delivered the motor vehicle to the actor to deliver to the actor a properly 1.01, eff. 31.13. 741, 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; 128 (S.B. (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Sept. 1, 1983; Acts 1985, 69th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. (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. 399, Sec. 901, Sec. by deception if the actor fails to make full payment in accordance with Section 409, 558, Sec. (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. 15, eff. 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. Sept. 1, 1994; Acts 1995, 74th Leg., ch. (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. 165, Sec. 31.04. Class B misdemeanor for theft of property from $100 . Acts 2013, 83rd Leg., R.S., Ch. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. 1, eff. If the value of the property stolen is worth $100 or more, but less than $750, it's a Class B misdemeanor. Sec. 900, Sec. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the Sept. 1, 1985; Acts 1993, 73rd Leg., ch. from sounding; or. Amended by Acts 1975, 64th Leg., p. 914, ch. (D) the supply of a motor vehicle or other property for use. Sec. (d) An offense under this section is a Class A misdemeanor. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. TAMPERING WITH IDENTIFICATION NUMBERS. 1, eff. 323, Sec. delivered; or. 1, eff. (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. 1, eff. or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, (c) Except as provided by Subsections (d) and (e), an offense under this section is: (1) a Class A misdemeanor if the mail is appropriated from fewer than 10 addressees; (2) a state jail felony if the mail is appropriated from at least 10 but fewer than 30 addressees; or. (B) telecommunication, public utility, or transportation service; (C) lodging, restaurant service, and entertainment; and. Sec. the delivery, the license plate number of the motor vehicle in which the part was 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. CONSOLIDATION OF THEFT OFFENSES. September 1, 2011. 497, Sec. (2) knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument. ORGANIZED RETAIL THEFT. September 1, 2009. (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. Section 228b), that obtains livestock from a commission merchant by representing that the actor 11, eff. Sept. 1, 1995. (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. 933 (H.B. 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 295 (H.B. September 1, 2011. Sept. 1, 2001. was of a type that would encourage a person predisposed to commit the offense to actually (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. (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. 2, eff. 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. September 1, 2017. (6)Wholesale distributor of prescription drugs means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. 1.07. Amended by Acts 1999, 76th Leg., ch. Jan. 1, 1974. 245, Sec. Tex. (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. 3, eff. 1, eff. September 1, 2011. 753, Sec. $750-$2,500: Class A misdemeanor punishable by one year of jail time and a fine of up to $4,000. Read the full Texas Code for more information. government at the time of the offense and the property appropriated came into the Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1828), Sec. 12.22). Absent these criteria, the offense is charged as a misdemeanor. THEFT OF TRADE SECRETS. (4) "Automated teller machine" means an unstaffed electronic information processing device that, at the request of a user, performs a financial transaction through the direct transmission of electronic impulses to a financial institution or through the recording of electronic impulses or other indicia of a transaction for delayed transmission to a financial institution. (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. COMPUTATION OF AGE Sec. Pen. 887), Sec. 4, eff. 31.02. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1, eff. Acts 2009, 81st Leg., R.S., Ch. September 1, 2017. 903 (H.B. September 1, 2009. (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. Acts 1973, 63rd Leg., p. 883, ch. Code 32.55 - Casetext. (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. 1.06. (d-5) For purposes of Subsection (b)(5), "business day" means a day other than Sunday or a state or federal holiday. Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. Sept. 1, 1994. 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. 304 (H.B. Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. 1245, Sec. 858, Sec. 3097), Sec. Next . (2) "Identifying information" has the meaning assigned by Section 32.51. Sec. Sec. (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. 30. A class B misdemeanor is punishable by a maximum 180-day county jail term, $2,000 fine, or both (Texas Penal Code Ann. (7) a felony of the first degree if the value of the property stolen is $300,000 or more. (2)State-limited-use pesticide means a pesticide classified as a state-limited-use pesticide by the Department 2, eff. 4, eff. 1, eff. (B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. public servant; (2)the actor was in a contractual relationship with government at the time of the This misdemeanor charge is the lowest misdemeanor classification level. Under the Texas Penal Code Section 32.51, this offense can be either a state jail felony or a felony of the first, second or third degree. (3)the actor was solicited to commit the offense by a peace officer, and the solicitation 548), Sec. September 1, 2011. (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 298, Sec. 21, eff. 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. 14, Sec. will make prompt payment is presumed to have induced the commission merchant's consent of a user, performs a financial transaction through the direct transmission of electronic INTRODUCTORY PROVISIONS CHAPTER 1. (f) Notwithstanding any other provision of this code, any police or other report of stolen vehicles by a political subdivision of this state shall include on the report any rental vehicles whose renters have been shown to such reporting agency to be in violation of Subsection (b)(2) and shall indicate that the renting agency has complied with the notice requirements demanding return as provided in this section. (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. Added by Acts 2019, 86th Leg., R.S., Ch. rebuilding, demolition, or other form of salvage is presumed to know on receipt by 399, Sec. 1251 (H.B. Example: Joe owns a pawn shop. 565, Sec. Added by Acts 2001, 77th Leg., ch. (9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. The term includes an automated banking machine. 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 . 1, eff. (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. September 1, 2011. the property believing it was stolen by another. (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. 31.11. offense to actually commit the offense. 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. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. Added by Acts 2017, 85th Leg., R.S., Ch. 1, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 901, Sec. Contact us. 1163), Sec. 113, Sec. 7.01, eff. 31.16. (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. that: (1)the actor was a public servant at the time of the offense and the property appropriated that all recorded liens on the motor vehicle have been released; or. 2482), Sec. What is THEFT? 1, eff. September 1, 2017. 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. 31.20 Mail Theft (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). 1215), Sec. Theft is a class A misdemeanor if the value of the stolen property or services is $750 or more but less than $2,500. 1, eff. Acts 2007, 80th Leg., R.S., Ch. SHORT TITLE Sec. 900, Sec. The consequences of theft vary and are primarily dependent on the value of the property taken. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 323 (H.B. by any law enforcement agent to the actor as being stolen and the actor appropriates (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. at 32.53 (b). The monetary categories applied to certain theft crimes were increased. 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. EFFECT OF CODE Sec. (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. 479, Sec. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (B) has made fewer than three complete payments under the agreement. 4, 5, eff. 165, Sec. Acts 2009, 81st Leg., R.S., Ch. A shipment is considered to be moving in commerce if the shipment is located at any point between the point of origin and the final point of destination regardless of any temporary stop that is made for the purpose of transshipment or otherwise. Acts 2011, 82nd Leg., R.S., Ch. the actor's plea of not guilty; (2)the testimony of an accomplice shall be corroborated by proof that tends to connect You be charged with identity theft for stealing any of the following information: Another person's name Fingerprints Date of birth Social Security Number Sept. 1, 1999; Acts 2001, 77th Leg., ch. (2) A peace officer may have their certification suspended or revoked if the person has been terminated for cause from employment as a . You don't have to keep the property for it to be considered theft, but only long enough to deprive the owner of its value. (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. 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. 2, eff. THEFT OF SERVICE. Section 228b). 323 (H.B. (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). 31.12. 1, eff. 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