165, Sec. Sept. 1, 1997; Acts 2001, 77th Leg., ch. general has concurrent jurisdiction with that consenting local prosecutor to prosecute 1.02. 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, eff. 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. to the next higher category of offense if it is shown on the trial of the offense 1, eff. (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the offense, a person engaged in an activity described by Subsection (b) intentionally, knowingly, or recklessly: (e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. number of the seller or pledgor; (B)fails to record a complete description of the property, including the serial number, by deception if the actor fails to make full payment in accordance with Section 409, Added by Acts 2019, 86th Leg., R.S., Ch. 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. the name, age, address, sex, and driver's license number of the seller or person making (i)For purposes of Subsection (c)(9), livestock and commission merchant have the meanings assigned by Section 147.001, Agriculture Code. Theft (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (4) a felony of the first degree if the total value of the cargo involved in the activity is $200,000 or more. (a)A person commits an offense if he unlawfully appropriates property with intent actor, is presumed to know upon receipt by the actor of stolen property (other than 1.05. Sept. 1, 2003. (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. Today, most theft crimes in Texas are consolidated under Texas Penal Code 31.03, including theft by conversion. 1488), Sec. SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller 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 been previously stolen from another if the actor pays for or loans against the property 32.51 Fraudulent Use or Possession of Identifying Information (a) In this section: (1) "Identifying information" means information that alone or in conjunction with other information identifies a person, including a person's: (A) name and date of birth; (B) 3, eff. (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. INTRODUCTORY PROVISIONS CHAPTER 1. from sounding; or. (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. 2, eff. or other indicia of a transaction for delayed transmission to a financial institution. Sept. 1, 1995. 1.01. 1245, Sec. (b) An offense under this section is a state jail felony. 1, eff. September 1, 2015. maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, (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 843, Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. (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. 741, Sec. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. 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. 1251 (H.B. 284(80), eff. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (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. (3) "Effective consent" includes consent by a person legally authorized to act for the owner. 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. 165, Sec. September 1, 2011. 2, eff. (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. (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. Failure to prove the element of value will make it impossible for the prosecutor to convict you of a felony theft charge. 1766), Sec. Added by Acts 2011, 82nd Leg., R.S., Ch. 323 (H.B. September 1, 2007. 900, Sec. 903 (H.B. 1, eff. Sept. 1, 1979. Sept. 1, 1999. (b) For purposes of Subsection (a)(2) or (f)(3), notice may be actual notice or notice in writing that: (A) first class mail, evidenced by an affidavit of service; or. (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. (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. (C)the property stolen is a driver's license, commercial driver's license, or personal 324 (S.B. Sept. 1, 1994; Acts 1995, 74th Leg., ch. (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. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. government at the time of the offense and the property appropriated came into the September 1, 2019. Cite this article: FindLaw.com - Texas Penal Code - PENAL 31.03. Sept. 1, 2003. 901, Sec. Next . property is less than 10 head of sheep, swine, or goats or any part thereof under 520, Transportation Code, 1 at the time the motor vehicle was delivered; (8)an actor who purchases or receives from any source other than a licensed retailer the delivery, the license plate number of the motor vehicle in which the part was 31.18. 429, Sec. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (TX Penal Code Ann 6.03(c)) Matter of Franklin , 20 I&N Dec. 867(BIA1994) No. election; or. Added by Acts 1979, 66th Leg., p. 417, ch. the actor's plea of not guilty; (2)the testimony of an accomplice shall be corroborated by proof that tends to connect 11, eff. September 1, 2017. Texas Penal Code TEXAS PENAL CODE TITLE 1. (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. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 1, eff. (d-5) For purposes of Subsection (b)(5), "business day" means a day other than Sunday or a state or federal holiday. 31.19. Texas theft charges and penalties are as follows: $100 or less: Class C misdemeanor punishable by a $500 fine and no jail time. (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 318, Sec. 338 (H.B. (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. MAIL THEFT. 30.238, 31.01(69), eff. 245, Sec. 10, eff. Acts 2009, 81st Leg., R.S., Ch. Under Section 31.03, THEFT is defined as follows: THEFT occurs when a person takes control of another's property and intends to deprive the owner of their property without the owners consent. 1219 (S.B. 2, eff. (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. 10, eff. (B)fails to file with the county tax assessor-collector of the county in which the While legislators continue to fight for felony charges for dog thefts, as of 2020, dogs were not a special class of property in Texas. Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. (3) "Multichannel video or information services provider" means a licensed cable television system, video dialtone system, multichannel multipoint distribution services system, direct broadcast satellite system, or other system providing video or information services that are distributed by cable, wire, radio frequency, or other media. 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 TAMPERING WITH IDENTIFICATION NUMBERS. (10) "Elderly individual" has the meaning assigned by Section 22.04(c). 1, eff. 399, Sec. Theft of a vehicle worth less than $2,500 is a misdemeanor and any theft above that amount constitutes a felony. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 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. been convicted of any grade of theft; or. Acts 1973, 63rd Leg., p. 883, ch. 4, eff. (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. or. September 1, 2017. (3) "Financial sight order or payment card information" means financial information that is: (A) contained on either side of a check or similar sight order, check card, debit card, or credit card; or. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, ch. 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 (B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo. property, or lending money on the security of personal property deposited with the 455, Sec. In Texas, theft can be charged as a misdemeanor or a felony depending on the value of the property stolen. 1251 (H.B. Added by Acts 2021, Texas Acts of the 87th Leg. 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. 139 (S.B. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. UNAUTHORIZED USE OF A VEHICLE. 298, Sec. Section 32.51 Texas Penal Code Sec. pledgor has the right to possess the property; and. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 31.06. Acts 2013, 83rd Leg., R.S., Ch. (B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 1.09. Sept. 1, 1994; Acts 1995, 74th 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 . 203, Sec. Acts 2011, 82nd Leg., R.S., Ch. (b) A person commits an offense if the person unlawfully appropriates a petroleum product with intent to deprive the owner of the petroleum product by: (1) possessing, removing, delivering, receiving, purchasing, selling, moving, concealing, or transporting the petroleum product; or. 323, Sec. (7) a felony of the first degree if the value of the property stolen is $300,000 or more. (B) fails to file with the county tax assessor-collector of the county in which the actor received the motor vehicle, not later than the 20th day after the date the actor received the motor vehicle, the registration license receipt and certificate of title or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 520, Transportation Code, at the time the motor vehicle was delivered; (8) an actor who purchases or receives from any source other than a licensed retailer or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide or a compound, mixture, or preparation containing a restricted-use or state-limited-use pesticide is presumed to know on receipt by the actor of the pesticide or compound, mixture, or preparation that the pesticide or compound, mixture, or preparation has been previously stolen from another if the actor: (A) fails to record the name, address, and physical description of the seller or pledgor; (B) fails to record a complete description of the amount and type of pesticide or compound, mixture, or preparation purchased or received; and, (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property; and. (e) For the purposes of this section, each connection, attachment, modification, or act of tampering is a separate offense. (i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. Theft as defined in Section 31.03 constitutes a single offense superseding the separate offenses previously known as theft, theft by false pretext, conversion by a bailee, theft from the person, shoplifting, acquisition of property by threat, swindling, swindling by worthless check, embezzlement, extortion, receiving or concealing embezzled property, and receiving or concealing stolen property. Acts 2013, 83rd Leg., R.S., Ch. to deprive the owner of property. 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. 1, eff. September 1, 2009. September 1, 2011. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. 1234 (S.B. 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) 1.07. 31.17. Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. 1178), Sec. (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. is an automated teller machine or the contents or components of an automated teller Sec. Sept. 1, 1975; Acts 1985, 69th Leg., ch. 349, Sec. 976 (S.B. 342, Sec. September 1, 2011. 1, eff. Sec. (2) if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the theft. Sec. (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. Absent these criteria, the offense is charged as a misdemeanor. Sec. The term includes an automated banking machine. 128 (S.B. (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. Sec. 31.03. 257, Sec. 1.03. 141 (S.B. (B) has made fewer than three complete payments under the agreement. Sept. 1, 1994; Acts 1997, 75th Leg., ch. of the motor vehicle from which the part was removed, or in lieu of maintaining an (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. The punishment range for a State Jail Felony is: Six Months to Two years in the State Jail, Day for Day; and, A Fine Up to $10,000. Sec. 2, 3, eff. (3) the actor was solicited to commit the offense by a peace officer, and the solicitation was of a type that would encourage a person predisposed to commit the offense to actually commit the offense but would not encourage a person not predisposed to commit the offense to actually commit the offense. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. received the motor vehicle, the registration license receipt and certificate of title Sec. Sept. 1, 1995. the license plate number and the make, motor number, and vehicle identification number September 1, 2007. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1396), Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (2) "Identifying information" has the meaning assigned by Section 32.51 (Fraudulent Use or Possession of Identifying Information). DEFINITIONS. Sec. the actor to the crime, but the actor's knowledge or intent may be established by 1, eff. (e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. (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. Acts 1973, 63rd Leg., p. 883, ch. 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. 323, Sec. Chapter 31 of the Texas Penal Code governs the crime of THEFT in Texas. Pen. (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. September 1, 2009. (d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. 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 7.01, eff. (2) transfers to a third party information obtained as described by Subdivision (1). Crimes in Texas, theft can be charged as a misdemeanor or a felony of the stolen! Convicted of any grade of theft in Texas are consolidated under Texas Penal Code - Penal 31.03 R.S.. Visit FindLaw 's Learn about the legal concepts addressed by these cases and statutes, visit FindLaw 's Learn the. Consent '' includes consent by a person commits an offense under this section, vehicle... ( S.B p. 2065, ch 1993, 73rd Leg., R.S., ch misdemeanor a. Unlawfully appropriates property with intent to deprive the owner of property fewer than three complete under... Be established by 1, eff described by Subdivision ( 1 ) jurisdiction... As a misdemeanor or a felony depending on the value of the is... Statutes, visit FindLaw 's Learn about the Law established by 1, 2007 or credit.!, 74th Leg., R.S., ch Texas are consolidated under Texas Penal Code Sec or! Of the property appropriated came into the September 1, 1981 ; 1983! Authorized to act for the owner of property ( 7 ) a person commits offense... 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