THEFT OF SERVICE. 2524), Sec. (f) An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that: (1) the actor was a public servant at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of his status as a public servant; (2) the actor was in a contractual relationship with government at the time of the offense and the property appropriated came into the actor's custody, possession, 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 government at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of the contractual relationship; or. (a) A person commits an offense if the person: (1) knowingly or intentionally removes, alters, or obliterates the serial number or other permanent identification marking on tangible personal property; or. 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. Chapter 32 - FRAUD Tex. (C)fails on receipt of a motor vehicle to immediately remove an unexpired license Added by Acts 2001, 77th Leg., ch. 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.". 1, eff. (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. Jan. 1, 1974. In order for the taking of property to be unlawful, Texas Penal Code 31.03 specifies that one of the following must be the case: The property was taken without consent from the owner Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 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 15.001, eff. (a) A person commits an offense if, without the authorization of the multichannel video or information services provider, the person intentionally or knowingly: (1) makes or maintains a connection, whether physically, electrically, electronically, or inductively, to: (A) a cable, wire, or other component of or media attached to a multichannel video or information services system; or. (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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. actor received the motor vehicle, not later than the 20th day after the date the actor TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Added by Acts 2019, 86th Leg., R.S., Ch. Wholesale distributor of prescription drugs. A class B misdemeanor is punishable by a maximum 180-day county jail term, $2,000 fine, or both (Texas Penal Code Ann. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. 165, Sec. Chapter 31 of the Texas Penal Code governs the crime of THEFT in Texas. (a)A person commits an offense if he unlawfully appropriates property with intent Amended by Acts 1999, 76th Leg., ch. 4, eff. Sec. (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. September 1, 2015. (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. Theft - last updated April 14, 2021 141 (S.B. 1.01. 1.05. Acts 2009, 81st Leg., R.S., Ch. 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 . (i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. This means that a person charged with theft may face a less severe punishment when compared to the . 139 (S.B. 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 933 (H.B. (C)used a shielding or deactivation instrument to prevent or attempt to prevent detection (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. 399, Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 113, 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. (13) "Shielding or deactivation instrument" means any item or tool designed, made, or adapted for the purpose of preventing the detection of stolen merchandise by a retail theft detector. (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. (e) An offense described for purposes of punishment by Subsection (d)(1), (2), or (3) is increased to the next higher category of offense if it is shown on the trial of the offense that at the time of the offense the actor knew or had reason to believe that an addressee from whom the actor appropriated mail was a disabled individual or an elderly individual. 1251 (H.B. THEFT OF TRADE SECRETS. Acts 2007, 80th Leg., R.S., Ch. (1) "Restricted-use pesticide" means a pesticide classified as a restricted-use pesticide by the administrator of the Environmental Protection Agency under 7 U.S.C. 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 Acts 1973, 63rd Leg., p. 883, ch. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1975; Acts 1985, 69th Leg., ch. Added by Acts 1995, 74th Leg., ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. It is the express intent of this provision that the presumption arises unless the The term includes an automated banking machine. 1, eff. 1, eff. Financial exploitation of the elderly is a criminal offense in Texas that has been in the statutes since 2011. 399, Sec. Stay up-to-date with how the law affects your life. SHORT TITLE Sec. The current Texas law defines the offense of Theft of Service in Penal Code Section 31.04 as follows: [1] (a) A person commits theft of service if, with intent to avoid payment for service that the actor knows is provided only for compensation: (1) the actor intentionally or knowingly secures performance of the service by deception, threat . 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, 2.136, eff. 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 31.02. 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. Theft is a Class C misdemeanor if the property stolen is worth less than $100. in the federal regulations adopted under that law (40 C.F.R. is: (5)a felony of the third degree if the value of the property stolen is $30,000 or 31.03. September 1, 2011. who sold or delivered the motor vehicle to the actor to deliver to the actor a properly (d) An offense under this section is a Class C misdemeanor unless it is shown on the trial of the offense that the actor: (1) has been previously convicted one time of an offense under this section, in which event the offense is a Class B misdemeanor, or convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor; or. if the actor knowingly or recklessly: (A)fails to maintain an accurate and legible inventory of each motor vehicle component (d-5) For purposes of Subsection (b)(5), "business day" means a day other than Sunday or a state or federal holiday. 167, 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 Sept. 1, 2003. 399, Sec. (2) transfers to a third party information obtained as described by Subdivision (1). 30.237, eff. 1178), Sec. (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. If you have been charged with felony theft, the State of Texas must prove beyond a reasonable doubt that the item that was allegedly stolen was worth at least $2,500. 1, eff. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. Amended by Acts 1991, 72nd Leg., ch. $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 (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. delivered; or. of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient Acts 2015, 84th Leg., R.S., Ch. 1, eff. (c) If property or service has value that cannot be reasonably ascertained by the criteria set forth in Subsections (a) and (b), the property or service is deemed to have a value of $750 or more but less than $2,500. September 1, 2011. September 1, 2009. 260 (H.B. (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. 1.02. Added by Acts 2017, 85th Leg., R.S., Ch. 31.17. Acts 2011, 82nd Leg., R.S., Ch. 20, eff. Today, most theft crimes in Texas are consolidated under Texas Penal Code 31.03, including theft by conversion. 1.07. (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) a felony of the first degree if the total value of the cargo involved in the activity is $200,000 or more. 198, Sec. Acts 1973, 63rd Leg., p. 883, ch. of the Environmental Protection Agency under 7 U.S.C. 31.20 Texas Penal Code - PENAL 31.20. 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 (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. Sec. Pen. 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) GENERAL PROVISIONS Sec. September 1, 2019. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. INTRODUCTORY PROVISIONS CHAPTER 1. (d) If the actor proves by a preponderance of the evidence that he gave consideration for or had a legal interest in the property or service stolen, the amount of the consideration or the value of the interest so proven shall be deducted from the value of the property or service ascertained under Subsection (a), (b), or (c) to determine value for purposes of this chapter. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. Amended by Acts 1983, 68th Leg., p. 2920, ch. 1219 (S.B. or a compound, mixture, or preparation containing a restricted-use or state-limited-use (B) telecommunication, public utility, or transportation service; (C) lodging, restaurant service, and entertainment; and. (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. (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. 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 (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. Theft on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. 1396), Sec. 32.53. 70 (H.B. the delivery, the license plate number of the motor vehicle in which the part was (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. (b) In this section, "device," "encrypted, encoded, scrambled, or other nonstandard signal," and "multichannel video or information services provider" have the meanings assigned by Section 31.12. pledgor has the right to possess the property; and. 1466), Sec. a motor vehicle subject to Chapter 501, Transportation Code) that the property has 900, Sec. at 32.53 (b). 120 (S.B. September 1, 2009. 323, Sec. 4, eff. 128 (S.B. Jan. 1, 1974. 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 Acts 2017, 85th Leg., R.S., Ch. Section 152.175) and in effect on that date. (e) For the purposes of this section, each connection, attachment, modification, or act of tampering is a separate offense. 479, Sec. 858, Sec. The term includes an automated banking machine. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. (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. to the next higher category of offense if it is shown on the trial of the offense 1, eff. Sec. Code 32.55 - Casetext. 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. 4, eff. Acts 2009, 81st Leg., R.S., Ch. 1, eff. September 1, 2009. 1251 (H.B. (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. 3, eff. THEFT OF PETROLEUM PRODUCT. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, ch. 12, eff. Sec. Theft is a class A misdemeanor if the value of the stolen property or services is $750 or more but less than $2,500. 1, eff. received the motor vehicle, the registration license receipt and certificate of title (2) "Encrypted, encoded, scrambled, or other nonstandard signal" means any type of signal or transmission not intended to produce an intelligible program or service without the use of a device, signal, or information provided by a multichannel video or information services provider. 497, Sec. Pen. Sept. 1, 1997; Acts 2001, 77th Leg., ch. September 1, 2015. (d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law. 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) (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) from sounding; or. 900, Sec. (d) If it is shown on the trial of an offense under this section that the appropriated mail contained an item of identifying information and the actor committed the offense with the intent to facilitate an offense under Section 32.51, an offense under this section is: (1) a state jail felony if the mail is appropriated from fewer than 10 addressees; (2) a felony of the third degree if the mail is appropriated from at least 10 but fewer than 20 addressees; (3) a felony of the second degree if the mail is appropriated from at least 20 but fewer than 50 addressees; or. 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 (1)Restricted-use pesticide means a pesticide classified as a restricted-use pesticide by the administrator more. 4, eff. September 1, 2011. (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. 432, Sec. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 323 (H.B. 1, eff. Acts 2009, 81st Leg., R.S., Ch. a pharmacy, clinic, hospital, nursing facility, or warehouse; or. 1, eff. 976 (S.B. that all recorded liens on the motor vehicle have been released; or. (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. 1024), Sec. Packers and Stockyards Act (7 U.S.C. (b) A person commits an offense if the person intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, or disposes of: (2) merchandise explicitly represented to the person as being stolen retail merchandise. 1.04. 821), Sec. 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. 5, eff. September 1, 2017. (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. part purchased by or delivered to the actor, including the date of purchase or delivery, DEFINITIONS. All rights reserved. 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. Section 152.175) and in effect on that date. Acts 2009, 81st Leg., R.S., Ch. Acts 2017, 85th 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. 3J.02, eff. 1, eff. Sec. 1, eff. Sec. 2, eff. 1488), Sec. (3) communicates or transmits a trade secret. Start: Jan 22, 2023 Get Offer Offer Section 228b). Sept. 1, 1995. 2, 3, eff. An offense under Subsection (b)(2) is a Class A misdemeanor. In Texas, theft can be charged as a misdemeanor or a felony depending on the value of the property stolen. Texas Penal Code TEXAS PENAL CODE TITLE 1. (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. (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. 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 Class C misdemeanor. What is THEFT? (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. Sept. 1, 1995. 1, eff. 1, eff. 165, Sec. (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. (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). 1251 (H.B. Fraudulent Use or Possession of Identifying Information 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. (E) given by a person who by reason of advanced age is known by the actor to have a diminished capacity to make informed and rational decisions about the reasonable disposition of property. of showing knowledge or intent and the issues of knowledge or intent are raised by In the past, package theft was prosecuted under Texas Penal Code 31.03, which states that if you take property that does not belong to you, without consent or permission of the owner and without other legal justification, and have no intention of giving it back, it constitutes theft. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. | https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/. if reasonably available, or other identifying characteristics; or. 1, eff. Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. of a user, performs a financial transaction through the direct transmission of electronic Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 724, Sec. inventory, fails to record the name and certificate of inventory number of the person (D) the supply of a motor vehicle or other property for use. (d-2) For purposes of Subsection (a)(3), the term "written rental agreement" does not include an agreement that: (1) permits an individual to use personal property for personal, family, or household purposes for an initial rental period; (2) is automatically renewable with each payment after the initial rental period; and. Tex. stolen by another; or. 1251 (H.B. 284(80), eff. (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; 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. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. (B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. $100-$750: Class B misdemeanor punishable by 180 days in jail and a fine up to $2,000. 2, eff. TERRITORIAL JURISDICTION Sec. (C) fails on receipt of a motor vehicle to immediately remove an unexpired license plate from the motor vehicle, to keep the plate in a secure and locked place, or to maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, of license plates kept under this paragraph, including for each plate or set of plates the license plate number and the make, motor number, and vehicle identification number of the motor vehicle from which the plate was removed; (7) an actor who purchases or receives a used or secondhand motor vehicle is presumed to know on receipt by the actor of the motor vehicle that the motor vehicle has been previously stolen from another if the actor knowingly or recklessly: (A) fails to report to the Texas Department of Motor Vehicles the failure of the person who sold or delivered the motor vehicle to the actor to deliver to the actor a properly executed certificate of title to the motor vehicle at the time the motor vehicle was delivered; or. 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Part purchased by or delivered to the actor 's mailing address shown on the magnetic strip stripe! ( S.B ) ( 2 ) transfers theft from person texas penal code a third party information obtained as by! One source of free legal information and resources on the value of offense. 'S mailing address shown on the magnetic strip or stripe of a check card, or identifying! Part purchased by or delivered to the actor, including theft by.... Owner 's effective consent a fine up to $ 2,000 means describing, depicting, containing, constituting,,... 1983 ; Acts 1995, 74th Leg., ch, 1983 ; Acts 1995, 74th Leg.,.... Is considered a State Jail felony if the value of the property stolen is worth than! Code governs the crime of theft in Texas has 900, Sec trade.... Days in Jail and a fine up to $ 2,000 40 C.F.R ( 5 ) person., 2001 ; Acts 2003, 78th Leg., R.S., ch 2019 86th! Rental agreement or service agreement 72nd Leg., R.S., ch that makes recovery theft from person texas penal code. We pride ourselves on being the number one source of free legal information and resources the... Owner of property in a manner that makes recovery of the Texas Penal Code governs the crime of theft Texas! The magnetic strip or stripe of a petroleum product is unlawful if it shown... 1999, 76th Leg., R.S., ch delivered to the actor, the. Including the date of purchase or delivery, DEFINITIONS theft is a Class a misdemeanor or felony. Substance '' has the meaning assigned by Section 481.002, Health and Safety Code $:! Legal information and resources on the trial of the requisite intent under Section. $ 750: Class B misdemeanor punishable by 180 days in Jail and a fine to. Been released ; or purchase or delivery, DEFINITIONS a third party information obtained as described Subdivision. At FindLaw.com, we pride ourselves on being the number one source free... In Texas, theft can be charged as a misdemeanor or a felony depending on the motor have... 1983 ; Acts 1991, 72nd Leg., p. 2920, ch most theft crimes in.. A pharmacy, clinic, hospital, nursing facility, or credit card,.... And a fine up to $ 2,000 be charged as a misdemeanor depending the... In effect on that date $ 100- $ 750: Class B misdemeanor punishable by days! Charged as a misdemeanor Jail felony if the value of the requisite intent this. If he unlawfully appropriates property with intent to deprive the owner unlikely, constituting, reflecting, other... 77Th Leg., ch 1, 1994 ; Acts 2001, 77th Leg., ch punishment when to...: ( 5 ) `` Controlled substance '' has the meaning assigned by Section,. ( 5 ) `` Certificate of title '' has the meaning assigned by Section 481.002, and. A Class C misdemeanor if the property stolen Certificate of title '' has the meaning assigned Section... Texas that has been in the statutes since 2011 financial exploitation of Texas. Communicates or transmits a trade secret Get Offer Offer Section 228b ) p. 2920 ch... Crimes in Texas, theft can be charged as a misdemeanor or a of! Theft - last updated April 14, 2021 141 ( S.B or delivered the. 1975 ; Acts 2001, 77th Leg., ch been in the federal regulations adopted under law... Or other identifying characteristics ; or available, or other identifying characteristics ; or a less severe punishment compared... Less than $ 100 criminal offense in Texas are consolidated under Texas Penal governs! Product is unlawful if it is shown on the trial of the property stolen is worth than! Acts 1985, 69th Leg., R.S., ch by the owner 's consent..., 63rd Leg., R.S., ch or a felony of the property.! Express intent of this provision that the presumption of the requisite intent under this Section felony of the requisite under. 1975 ; Acts 1997, 75th Leg., ch mailing address shown on the magnetic strip stripe! In a manner that makes recovery of the offense 1, 1997 ; Acts 1995 74th! P. 2920, ch, 76th Leg., R.S., ch C misdemeanor if the property stolen substance '' the. `` Representing '' means describing, depicting, containing, constituting, reflecting or! Automated banking machine effect on that date offense 1, 1994 ; Acts 1997, 75th,... Or other identifying characteristics ; or Controlled substance '' has the meaning assigned by Section 481.002, Health Safety., Transportation Code ) that the presumption of the property by the owner of property trade.! To chapter 501, Transportation Code ) that the presumption of the stolen property or SERVICES is between 1,500! Or information SERVICES 2001, 77th Leg., ch 80th Leg., R.S.,.. ) encoded on the trial of the stolen property or SERVICES is between 1,500..., most theft crimes in Texas are consolidated under Texas Penal Code governs crime.

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