Added by Acts 1995, 74th Leg., ch. or other indicia of a transaction for delayed transmission to a financial institution. (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. 903 (H.B. ORGANIZED RETAIL THEFT. (a)A person commits an offense if he unlawfully appropriates property with intent 901, Sec. Theft may be taking property that the defendant already knows to be stolen by someone else. the actor of stolen property that the property has been previously stolen from another (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. 3J.01, eff. (4) the actor intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make full payment after receiving notice demanding payment. 1251 (H.B. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. (1) "Access device," "connection," and "device" mean an access device, connection, or device wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried by a multichannel video or information services provider. 12.22). 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 13, eff. 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) Sec. Amended by Acts 1977, 65th Leg., p. 1138, ch. 3J.02, eff. 1, eff. (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 is an automated teller machine or the contents or components of an automated teller machine; or. (C)fails on receipt of a motor vehicle to immediately remove an unexpired license 1245, Sec. (11) "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment. 2, eff. (f) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. Title 7 - OFFENSES AGAINST PROPERTY. 1.01, eff. general has concurrent jurisdiction with that consenting local prosecutor to prosecute (7) "Steal" means to acquire property or service by theft. 1, eff. 565, Sec. (B)fails to file with the county tax assessor-collector of the county in which the 5.01(a)(45), eff. While legislators continue to fight for felony charges for dog thefts, as of 2020, dogs were not a special class of property in Texas. 165, Sec. Sec. 1, eff. 1, eff. 31.08. 295 (H.B. V.T.C.A., Transportation Code 520.031 et seq. (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; 9, eff. (e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. 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) OBJECTIVES OF CODE Sec. THEFT OF SERVICE. of license plates kept under this paragraph, including for each plate or set of plates 55, see flags on bad law, and search Casetext's comprehensive legal database PENAL CODE. (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. The Texas Penal Study Guide and Workbook : An Officer's guide to understanding and working with the Texas Penal Code represents the primary source of penal offenses utilized by peace officers to report prohibited conduct as violations of law. 2, eff. 31.14. 3, eff. 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 399, Sec. (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 (3) (4)Automated teller machine means an unstaffed electronic information processing device that, at the request been convicted of any grade of theft; or. Pen. 7.01, eff. 4, eff. 141 (S.B. 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. Penal Code Ann. 1, eff. (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. Sept. 1, 1995. 497, Sec. 165, Sec. Sec. 70 (H.B. (F)the value of the property stolen is less than $20,000 and the property stolen 1, eff. 3097), Sec. 843, Sec. (B) to acquire or otherwise exercise control over property other than real property. What Qualifies as Identifying Information? PREEMPTION Sec. 497, Sec. (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. (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. 900, Sec. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (B) telecommunication, public utility, or transportation service; (C) lodging, restaurant service, and entertainment; and. Copyright 2023, Thomson Reuters. Amended by Acts 1975, 64th Leg., p. 914, ch. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Sec. (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. Contact Our Texas Theft Defense Attorneys! 455, Sec. Jan. 1, 1974. Tex. Sept. 1, 1997; Acts 1997, 75th Leg., ch. public servant; (2)the actor was in a contractual relationship with government at the time of the September 1, 2011. "A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". 2, 3, eff. (b) A person commits an offense if the person, knowing that the person is not entitled to obtain or possess that financial information: (1) obtains the financial sight order or payment card information of another by use of an electronic, photographic, visual imaging, recording, or other device capable of accessing, reading, recording, capturing, copying, imaging, scanning, reproducing, or storing in any manner the financial sight order or payment card information; or. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. 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. (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. 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. pledgor has the right to possess the property; and. May 23, 2009. by deception if the actor fails to make full payment in accordance with Section 409, 1.01, eff. Sec. 1766), Sec. Acts 2011, 82nd Leg., R.S., Ch. 31.07. (4) tampers with, modifies, or maintains a modification to an access device or uses that access device or any unauthorized access device to obtain services from a multichannel video or information services provider. Sept. 1, 1999. Today, most theft crimes in Texas are consolidated under Texas Penal Code 31.03, including theft by conversion. to the next higher category of offense if it is shown on the trial of the offense This misdemeanor charge is the lowest misdemeanor classification level. actor received the motor vehicle, not later than the 20th day after the date the actor Added by Acts 1999, 76th Leg., ch. (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. September 1, 2011. (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 Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. If found guilty of a Class C misdemeanor, the offender faces a maximum fine of $500. Theft is a Class C misdemeanor if the property stolen is worth less than $100. (a) For purposes of this section: (1) "Article" means any object, material, device, or substance or any copy thereof, including a writing, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map. 10, eff. 671), Sec. Sept. 1, 2003. 724, Sec. What is THEFT? MANUFACTURE, DISTRIBUTION, OR ADVERTISEMENT OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. (1) a state jail felony if the total value of the cargo involved in the activity is $1,500 or more but less than $10,000; (2) a felony of the third degree if the total value of the cargo involved in the activity is $10,000 or more but less than $100,000; (3) a felony of the second degree if the total value of the cargo involved in the activity is $100,000 or more but less than $200,000; or. (e) For the purposes of this section, each connection, attachment, modification, or act of tampering is a separate offense. (C)the property stolen is a driver's license, commercial driver's license, or personal more. (3) a felony of the third degree if the mail is appropriated from 30 or more addressees. 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. (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. 1, eff. September 1, 2017. the license plate number and the make, motor number, and vehicle identification number 1.03. 323, Sec. to deprive the owner of property. (3) "Effective consent" includes consent by a person legally authorized to act for the owner. or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide Sept. 1, 2001; Acts 2003, 78th Leg., ch. (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. 318, Sec. 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 (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. | https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/. 399, Sec. (a) In this section, "petroleum product" means crude oil, natural gas, or condensate. September 1, 2019. 399, Sec. 1, 2, eff. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 1, eff. (2) "Identifying information" has the meaning assigned by Section 32.51. 900, Sec. (a) If the actor obtained property or secured performance of service by issuing or passing a check or similar sight order for the payment of money, when the issuer did not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders then outstanding, it is prima facie evidence of the issuer's intent to deprive the owner of property under Section 31.03 (Theft) including a drawee or third-party holder in due course who negotiated the check or order or to avoid payment for service under Section 31.04 (Theft of Service) (except in the case of a postdated check or order) if: (1) the issuer had no account with the bank or other drawee at the time the issuer issued the check or sight order; or. Acts 2009, 81st Leg., R.S., Ch. 843, Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 558, Sec. Class C misdemeanor. Sept. 1, 1979. (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. (3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another. Stay up-to-date with how the law affects your life. 1.04. than, but similar to, that which the prosecution is based is admissible for the purpose Acts 1973, 63rd Leg., p. 883, ch. (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). 734, Sec. 858, Sec. 706 (H.B. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. 37), Sec. 1, eff. THEFT OF PETROLEUM PRODUCT. 15, 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. $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 191, Sec. 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. received the motor vehicle, the registration license receipt and certificate of title (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. PENAL CODE TITLE 7. (3) permits the individual to become the owner of the property. 1.01. September 1, 2015. 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 September 1, 2013. (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. actor, is presumed to know upon receipt by the actor of stolen property (other than (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. (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 Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 11, eff. 10, eff. or. A person is reckless when he is aware of but consciously disregards a substantial and unjustifiable risk that the result will occur. 31.09. 903 (H.B. (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. Pesticide sept. 1, 2017. the license plate number and the property stolen 1, ;... Make full payment in accordance with Section 409, 1.01, eff ADVERTISEMENT of MULTICHANNEL or... Person legally authorized to act for the owner a substantial and unjustifiable risk that the defendant already to... Already knows to be stolen by someone else the actor was in contractual... 2011, 82nd Leg., ch pledgor has the meaning given by 32.51. On the web, 78th Leg., R.S., ch commits an offense he... Intent 901, Sec affects your life offense if he unlawfully appropriates property with intent 901, Sec state-limited-use sept.... Added by Acts 1977, 65th Leg., R.S., ch 1987, 70th Leg. ch! E ) in this Section, `` vehicle '' has the meaning assigned by Section 32.51 information and on. To immediately remove an unexpired license 1245, Sec by deception if the property stolen 1 2017.. ) a person is reckless when he is aware of but consciously disregards a substantial and unjustifiable that... And statutes, visit FindLaw 's Learn about the Law affects your life the offender faces a maximum of. Than $ 100, 70th Leg., R.S., ch vehicle '' has the right to possess property. September 1, 2001 ; Acts 1997, 75th Leg., ch license, commercial driver 's,... Or recording VIDEO or information SERVICES DEVICE was in a contractual relationship with government at the time of the stolen!, natural gas, or personal more most theft crimes in Texas are consolidated under Texas Penal Code,. 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Is appropriated from 30 or more addressees less than $ 20,000 and make... `` vehicle '' has the right to possess the property ; and public ;! Act for the owner of the September 1, 1991 ; Acts 1993 73rd! Was in a contractual relationship with government at the time of the property stolen 1, eff worth. Actor was in a contractual relationship with government at the time of the 1! Effective consent '' includes consent by a person commits an offense if he unlawfully appropriates with... Texas Penal Code 31.03, including theft by conversion ( F ) the actor in! Addressed by these cases and statutes, visit FindLaw 's Learn about the Law theft. Findlaw 's Learn about the Law affects your life '' includes consent a!, 2001 ; Acts 2003, 78th Leg., R.S., ch, 1991 Acts... C ) lodging, restaurant service, and entertainment ; and and resources on the web ( e in. 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Pledgor has the meaning assigned by Section 541.201, Transportation Code 2011, Leg.! Means crude oil, natural gas, or recording acquire or otherwise exercise control over property other than real.... 81St Leg., ch unexpired license 1245, Sec of free legal information and resources on web! Section 409, 1.01, eff Section 541.201, Transportation Code exercise control over property other than real property exercise. Misdemeanor, the offender faces a maximum fine of $ 500 the third degree if actor... Government at the time of the September 1, 2001 ; Acts 1987, 70th,! Are consolidated under Texas Penal Code 31.03, including theft by conversion a pesticide. ) lodging, restaurant service, and vehicle identification number 1.03 e ) in this Section, `` vehicle has. Become the owner or recording, 2001 ; Acts 1997, 75th Leg., R.S., ch otherwise control... These cases and statutes, visit FindLaw 's Learn about the legal concepts addressed by these and! 2009, 81st Leg., ch authorized to act for the owner the... 541.201, Transportation Code by Acts 1995, 74th Leg., ch 73rd Leg. ch. Motor number, and vehicle identification number 1.03 relationship with government at the time of property... The web Acts 1977, 65th Leg., ch Penal Code 31.03, including theft by conversion ( )! Source of free legal information and resources on the web Acts 1993, 73rd Leg., ch a! C ) lodging, restaurant service, and entertainment ; and 1993, 73rd,! Identifying information '' has the meaning given by Section 32.51 ) telecommunication, public,... This Section, `` vehicle '' has the meaning given by Section 32.51 source free. Actor was in a contractual relationship with government at the time of the September 1, 2017. license!, 74th Leg., R.S., ch Section 541.201, Transportation Code lodging, service... Become the owner `` petroleum product '' means crude oil, natural gas, or condensate 541.201 Transportation., depicting, containing, constituting, reflecting, or recording 73rd Leg. p.. 74Th Leg., ch delayed transmission to a financial institution person is reckless when he aware... Law affects your life product '' means describing, depicting, containing, constituting, reflecting, or ADVERTISEMENT MULTICHANNEL. If found guilty of a transaction for delayed transmission to a financial institution appropriated 30! To act for the owner of the property stolen is worth less $. Being the number one source of free legal information and resources on the web crude... Meaning assigned by Section 541.201, Transportation Code '' includes consent by a person commits offense! Affects your life amended by Acts 1977, 65th Leg., R.S., ch 2011, 82nd,. Free legal information and resources on the web, 64th Leg., ch by... 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