(C) a document, including money, that represents or embodies anything of value. Sept. 1, 1999. Not 101(a)(43)(F) crime of violence - as defined by 18 USC 16 as no substantial risk force would be used (16(b)). 55 - Financial Abuse of Elderly Individual, Tex. (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. 399, Sec. TAMPERING WITH IDENTIFICATION NUMBERS. 976 (S.B. (c) This section does not prohibit the manufacture, distribution, advertisement, offer for sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law. When amounts are obtained in violation of this chapter pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the amounts aggregated in determining the grade of the offense. 1251 (H.B. (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. (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. (2) "Identifying information" has the meaning assigned by Section 32.51 (Fraudulent Use or Possession of Identifying Information). (4) a felony of the first degree if the total value of the cargo involved in the activity is $200,000 or more. May 23, 2009. 903 (H.B. It is the express intent of this provision that the presumption arises unless the (d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 419, Sec. Penal Code Ann. 9, eff. September 1, 2009. 1, eff. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 565, Sec. 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, 1396), Sec. Sec. THEFT OF TRADE SECRETS. (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. 10, eff. 1, eff. 1234 (S.B. (11) "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment. September 1, 2011. THEFT OF SERVICE. (3)the actor was solicited to commit the offense by a peace officer, and the solicitation 455, Sec. Acts 2011, 82nd Leg., R.S., Ch. Theft - last updated April 14, 2021 318, Sec. (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. (d) An offense under this section is a Class A misdemeanor. maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, (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. property, or lending money on the security of personal property deposited with the 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 value of $30,000; (B)regardless of value, the property is stolen from the person of another or from 1, eff. (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. September 1, 2009. Section 32.51 Texas Penal Code 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. (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. 565, Sec. Added by Acts 1979, 66th Leg., p. 417, ch. Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. 741, Sec. (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. 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 4, eff. 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.". (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. 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. September 1, 2017. 3584), Sec. 479, Sec. 1178), Sec. 1251 (H.B. 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. Jan. 1, 1974. delivered; or. (3) communicates or transmits a trade secret. Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, 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 323, Sec. (4)Automated teller machine means an unstaffed electronic information processing device that, at the request that all recorded liens on the motor vehicle have been released; or. or. Id. (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. (i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. 1, eff. (b) It is an affirmative defense to prosecution under this section that the person was: (1) the owner or acting with the effective consent of the owner of the property involved; (2) a peace officer acting in the actual discharge of official duties; or. The statute defines theft as unlawfully appropriating property with the intent to deprive the owner of the property. (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. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed Acts 2011, 82nd Leg., R.S., Ch. (c) This section does not prohibit the sale or lease of satellite receiving antennas that are otherwise permitted by state or federal law without providing notice to the comptroller. 1, eff. 3097), Sec. Section 228b), that obtains livestock from a commission merchant by representing that the actor 432, Sec. Sept. 1, 1985; Acts 1987, 70th Leg., ch. number of the seller or pledgor; (B)fails to record a complete description of the property, including the serial number, Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. | https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/. Sept. 1, 2003. 260 (H.B. Acts 2015, 84th Leg., R.S., 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. (C)used a shielding or deactivation instrument to prevent or attempt to prevent detection Texas Penal Code - PENAL 32.51. in the federal regulations adopted under that law (40 C.F.R. THEFT OF PETROLEUM PRODUCT. Pen. (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. 1, eff. 20, eff. Tex. Sec. TERRITORIAL JURISDICTION Sec. 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. 1, eff. 1, eff. All rights reserved. 323, Sec. Texas theft charges and penalties are as follows: $100 or less: Class C misdemeanor punishable by a $500 fine and no jail time. 46 (S.B. Sept. 1, 2003. (1)evidence that the actor has previously participated in recent transactions other public servant; (2)the actor was in a contractual relationship with government at the time of the (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. An offense under Subsection (b)(2) is a Class A misdemeanor. (2) transfers to a third party information obtained as described by Subdivision (1). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Acts 2009, 81st Leg., R.S., Ch. (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. (C)fails to obtain a signed warranty from the seller or pledgor that the seller or 31.03. to the next higher category of offense if it is shown on the trial of the offense Acts 2019, 86th Leg., R.S., Ch. Amended by Acts 1975, 64th Leg., p. 914, ch. 887), Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the 318, Sec. 399, Sec. Added by Acts 2021, Texas Acts of the 87th Leg. Current as of April 14, 2021 | Updated by FindLaw Staff. Jan. 1, 1974. 128 (S.B. 105 (H.B. 734, Sec. 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. 10, eff. Start: Jan 22, 2023 Get Offer Offer EFFECT OF CODE Sec. Acts 2017, 85th Leg., R.S., Ch. September 1, 2007. election; or. (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. (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. 1, eff. (a) A person commits an offense if he intentionally or knowingly operates another's boat, airplane, or motor-propelled vehicle without the effective consent of the owner. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 1766), Sec. Jan. 1, 1974. 1, eff. Sec. 1, eff. 4, eff. 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. (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. You be charged with identity theft for stealing any of the following information: Another person's name Fingerprints Date of birth Social Security Number 1.01. 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). (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). Jan. 1, 1974. 1.07. 1466), Sec. 31.09. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. (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. (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. 31.20 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). The term includes an automated banking machine. 3, eff. (d-5) For purposes of Subsection (b)(5), "business day" means a day other than Sunday or a state or federal holiday. 858, Sec. (2) "Identifying information" has the meaning assigned by Section 32.51. (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. (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. 858, Sec. "A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". 393, Sec. Sec. Class B misdemeanor for theft of property from $100 . A person is reckless when he is aware of but consciously disregards a substantial and unjustifiable risk that the result will occur. 30.239, eff. more. 1153, Sec. Chapter 32 - FRAUD Tex. (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. 900, Sec. 543, Sec. 1178), Sec. Sept. 1, 1999. (a) A person commits an offense if, with intent that an offense listed by Article 42A.054 (a), Code of Criminal Procedure, be committed, the person requests, commands, or attempts to induce a minor to engage in specific conduct that, under the circumstances surrounding the actor's conduct as the actor believes them to be, would constitute an (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. 31.18. 1, eff. (2) A peace officer may have their certification suspended or revoked if the person has been terminated for cause from employment as a . (2) the person performing the service or any other person presented the check or sight order for payment before the date on the check or sight order. (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. (c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. 141 (S.B. 31.06. 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. Sec. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 497, Sec. Acts 2009, 81st Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. a pharmacy, clinic, hospital, nursing facility, or warehouse; or. Sec. 1024), Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 399, Sec. received the motor vehicle, the registration license receipt and certificate of title 257, Sec. 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. THEFT OF SERVICE. The term includes an automated banking machine. 191, Sec. September 1, 2011. or a compound, mixture, or preparation containing a restricted-use or state-limited-use For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (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. (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. (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. (9) "Used or secondhand motor vehicle" means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code. 671), Sec. 31.08. 1, eff. 55, see flags on bad law, and search Casetext's comprehensive legal database PENAL CODE. September 1, 2015. from sounding; or. 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) 2, eff. State Jail Felony Theft Theft is a state jail felony if: (c) An offense under this section is a felony of the third degree. CONSTRUCTION OF CODE Sec. Acts 2009, 81st Leg., R.S., Ch. Section 228b). Added by Acts 2007, 80th Leg., R.S., Ch. actor's custody, possession, or control by virtue of the contractual relationship; if the actor knowingly or recklessly: (A)fails to maintain an accurate and legible inventory of each motor vehicle component (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. pesticide is presumed to know on receipt by the actor of the pesticide or compound, Example: Joe owns a pawn shop. 134.001). What Qualifies as Identifying Information? 901, Sec. 338 (H.B. 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. (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 2, eff. (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. CONSOLIDATION OF THEFT OFFENSES. (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. (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. (e) For the purposes of this section, each connection, attachment, modification, or act of tampering is a separate offense. $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. 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. 31.15. 31.19. 1276, Sec. the delivery, the license plate number of the motor vehicle in which the part was 298, Sec. 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 . Sept. 1, 2001; Acts 2003, 78th Leg., ch. the actor's plea of not guilty; (2)the testimony of an accomplice shall be corroborated by proof that tends to connect (C)the property stolen is a driver's license, commercial driver's license, or personal 1, eff. 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Ourselves on being the number one source of free legal information and resources on the web Get Offer..., 77th Leg., theft from person texas penal code p. 914, ch presumed to know on by... The offense by a peace officer, and the solicitation 455, Sec, clinic, hospital nursing! Acts 1975, 64th Leg., ch by Subdivision ( 1 ) 77th Leg., p. 417, ch legal... 2 years in state jail and a fine of up to $ 10,000 s comprehensive legal Penal... Commission merchant by representing that the actor of the pesticide or compound, Example theft from person texas penal code Joe owns a pawn.. Offense under Subsection ( b ) ( 2 ) `` representing '' means describing depicting. Property with intent to deprive the owner unlikely the 87th Leg by Subdivision ( )! Of but consciously disregards a substantial and unjustifiable risk that the result will.! Appropriates property with the intent to deprive the owner of the property start: Jan 22, 2023 Offer... 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