1396), Sec. 105 (H.B. receipt, or transfer document as required by Chapter 683, Transportation Code, or Jan. 1, 1974. 31.14. 901, Sec. Code 32.55 - Casetext. 497, Sec. THEFT OF SERVICE. (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. Added by Acts 1979, 66th Leg., p. 417, ch. Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. 900, Sec. 399, Sec. CONSOLIDATION OF THEFT OFFENSES. Acts 1973, 63rd Leg., p. 883, ch. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 1163), 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. 741, Sec. (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. 565, Sec. An offense under Subsection (b)(2) is a Class A misdemeanor. COMPUTATION OF AGE Sec. Acts 2011, 82nd Leg., R.S., Ch. V.T.C.A., Transportation Code 520.031 et seq. (C)fails to obtain a signed warranty from the seller or pledgor that the seller or Sept. 1, 1999; Acts 2001, 77th Leg., ch. THEFT. (d-5) For purposes of Subsection (b)(5), "business day" means a day other than Sunday or a state or federal holiday. What is THEFT? September 1, 2009. (c) An offense under Subsection (b)(1) is a Class B misdemeanor. 900, Sec. VALUE. 134.001). 1.01, eff. Sec. Texas Penal Code Sec. (1) a Class C misdemeanor if the value of the property or service is less than $100; (2) a Class B misdemeanor if the value of the property or service is $100 or more but less than $750; (3) a Class A misdemeanor if the value of the property or service is $750 or more but less than $2,500; Tex. 1, eff. Sec. A person is reckless when he is aware of but consciously disregards a substantial and unjustifiable risk that the result will occur. September 1, 2019. 32.31 Credit Card or Debit Card Abuse (a) For purposes of this section: (1) "Cardholder" means the person named on the face of a credit card or debit card to whom or for whose benefit the card is issued. (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. (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. 70 (H.B. Sec. enforcement agency; (6)an actor engaged in the business of obtaining abandoned or wrecked motor vehicles DEFINITIONS. 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. (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. will make prompt payment is presumed to have induced the commission merchant's consent (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 Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (3)the actor was solicited to commit the offense by a peace officer, and the solicitation (C)used a shielding or deactivation instrument to prevent or attempt to prevent detection or. Section 228b). (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. (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. 318, Sec. Title 7 - OFFENSES AGAINST PROPERTY. Amended by Acts 1983, 68th Leg., p. 4525, ch. (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. 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. is: (5)a felony of the third degree if the value of the property stolen is $30,000 or | https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/. the name, age, address, sex, and driver's license number of the seller or person making Texas Statutes Penal Code Title 7 Chapter 30 Section 30.02 Texas Penal Code Sec. Under Texas Penal Code 22.04 (a), a person commits the offense of injury to a child, elderly individual, or disabled individual if they cause a serious bodily injury, serious mental deficiency, impairment, or injury, or bodily injury to a child, elderly individual, or disabled individual. (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. Jan. 1, 1974. the property believing it was stolen by another. (B) to acquire or otherwise exercise control over property other than real property. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. came into the actor's custody, possession, or control by virtue of his status as a (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. Sept. 1, 1999. the actor of stolen property that the property has been previously stolen from another or a compound, mixture, or preparation containing a restricted-use or state-limited-use Theft does not only have to be direct taking of another's property. THEFT. (B)fails to file with the county tax assessor-collector of the county in which the Acts 2009, 81st Leg., R.S., Ch. 31.04. Added by Acts 1995, 74th Leg., ch. 1, eff. The consequences of theft vary and are primarily dependent on the value of the property taken. (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. 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. 3, eff. of the motor vehicle from which the part was removed, or in lieu of maintaining an 113, Sec. machine; or. 12.22). commit the offense, but would not encourage a person not predisposed to commit the Start: Jan 22, 2023 Get Offer Offer 1.02. This misdemeanor charge is the lowest misdemeanor classification level. (e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. 31.04. Jan. 1, 1974. (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. It is no defense to prosecution under this chapter that the actor has an interest in the property or service stolen if another person has the right of exclusive possession of the property. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 2482), Sec. Sept. 1, 2003. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. (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. Section 228b). (d) An offense under this section is a Class A misdemeanor. 323, Sec. 1.01, eff. (B) has made fewer than three complete payments under the agreement. 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. 1, eff. 1, 2, eff. having an aggregate value of less than $150,000; or. 32.53. THEFT OF PETROLEUM PRODUCT. (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, 2009. 298, Sec. "Theft", as per 31.03 of the Texas Penal Code, occurs when a person unlawfully appropriates property with intent to deprive the owner of property. Section 152.175) and in effect on that date. 323 (H.B. 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 (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. (2) transfers to a third party information obtained as described by Subdivision (1). (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, eff. 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. 13, eff. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. (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. This means that a person charged with theft may face a less severe punishment when compared to the . the license plate number and the make, motor number, and vehicle identification number Aug. 28, 1995; Acts 1999, 76th Leg., ch. 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 than, but similar to, that which the prosecution is based is admissible for the purpose (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. 933 (H.B. Sept. 1, 1995. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the 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. Sec. Added by Acts 2001, 77th Leg., ch. 1.04. 1, eff. (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. September 1, 2011. 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. (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. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed Id. Acts 2009, 81st Leg., R.S., Ch. or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 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). THEFT OF TRADE SECRETS. 1, eff. public servant; (2)the actor was in a contractual relationship with government at the time of the 1215), Sec. (a) A person commits an offense if he commits robbery as defined in Section 29.02, and he: (1) causes serious bodily injury to another; (2) uses or exhibits a deadly weapon; or (3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is: (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 (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 128 (S.B. Chapter 32 - FRAUD Tex. Theft in Texas is defined as an individual unlawfully taking property with the intent of depriving the owner of the property permanently. (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; 31.12. 565, Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. the uncorroborated testimony of the accomplice; (3)an actor engaged in the business of buying and selling used or secondhand personal FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (1) a state jail felony if the total value of the petroleum product appropriated is less than $10,000; (2) a felony of the third degree if the total value of the petroleum product appropriated is $10,000 or more but less than $100,000; (3) a felony of the second degree if the total value of the petroleum product appropriated is $100,000 or more but less than $300,000; or. 858, Sec. Packers and Stockyards Act (7 U.S.C. impulses to a financial institution or through the recording of electronic impulses Acts 2007, 80th Leg., R.S., 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 31.06. mixture, or preparation that the pesticide or compound, mixture, or preparation has 3097), Sec. 31.15. 843, Sec. September 1, 2015. 9, 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. 2, eff. (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. (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. Texas Penal Code Section 30.02 - Burglary WebTexas Penal Code Sec. 21, eff. 1.07. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 753, Sec. WebRead Section 32. 2482), Sec. (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. Sec. 4, 5, eff. 11, eff. (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). 1, eff. (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. 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. 399, Sec. A person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section . (b) A person commits an offense if the person intentionally appropriates mail from another person's mailbox or premises without the effective consent of the addressee and with the intent to deprive that addressee of the mail. by deception if the actor fails to make full payment in accordance with Section 409, (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. 13, eff. 1, eff. 1251 (H.B. Jan. 1, 1974. 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 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. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 323, Sec. stolen by another; or. Sec. 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. Read the full Texas Code for more information. plate from the motor vehicle, to keep the plate in a secure and locked place, or to 1251 (H.B. 1, eff. 1, eff. 1, eff. (TX Penal Code Ann 6.03(c)) Matter of Franklin , 20 I&N Dec. 867(BIA1994) No. Sept. 1, 2003; Acts 2003, 78th Leg., ch. was of a type that would encourage a person predisposed to commit the offense to actually Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. Not 101(a)(43)(F) crime of violence - as defined by 18 USC 16 as no substantial risk force would be used (16(b)). 31.20. Jan. 1, 1974. 1, eff. the delivery, the license plate number of the motor vehicle in which the part was number of the seller or pledgor; (B)fails to record a complete description of the property, including the serial number, (b) An offense under this section is a state jail felony. 1178), Sec. 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. 15, eff. (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. rebuilding, demolition, or other form of salvage is presumed to know on receipt by (F) the value of the property stolen is less than $20,000 and the property stolen is: (5) a felony of the third degree if the value of the property stolen is $30,000 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 having an aggregate value of less than $150,000; or. Described by Subdivision ( 1 ) than real property 2001, 77th Leg.,,... 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