419, Sec. 3097), Sec. Tex. 1.07. 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. Acts 2011, 82nd Leg., R.S., Ch. The monetary categories applied to certain theft crimes were increased. 32.53. 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. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, ch. September 1, 2011. Current as of April 14, 2021 | Updated by FindLaw Staff. Class C misdemeanor. (b) A person commits an offense if the person: (1) knowingly or intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, abandons, or disposes of: (B) cargo explicitly represented to the person as being stolen cargo; or. Acts 2017, 85th Leg., R.S., Ch. September 1, 2011. 70 (H.B. 1282), Sec. 1, eff. impulses to a financial institution or through the recording of electronic impulses 741, Sec. 887), Sec. 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (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. (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. (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. (2) "Copy" means a facsimile, replica, photograph, or other reproduction of an article or a note, drawing, or sketch made of or from an article. Sec. to know on receipt by the actor of the motor vehicle that the motor vehicle has been 1, eff. September 1, 2015. an offense under this section that involves the state Medicaid program. (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 31.11. 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 It is the express intent of this provision that the presumption arises unless the (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. 1, eff. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller or 1.02. or. machine; or. September 1, 2011. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. 1.01, eff. (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. actor's custody, possession, or control by virtue of the contractual relationship; offense and the property appropriated came into the actor's custody, possession, or 843, Sec. Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. Failure to prove the element of value will make it impossible for the prosecutor to convict you of a felony theft charge. 2, eff. 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. (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. 5, eff. (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. 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 Sept. 1, 1995. delivered, a complete description of the part, and the vehicle identification number 3097), Sec. 46 (S.B. 14, Sec. (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. 1.01, eff. (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. 753, Sec. 900, Sec. 1, eff. A class B misdemeanor is punishable by a maximum 180-day county jail term, $2,000 fine, or both (Texas Penal Code Ann. Acts 2009, 81st Leg., R.S., Ch. 31.05. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. Theft - last updated April 14, 2021 Sec. or exotic fowl as defined by Section 142.001, Agriculture Code, only if the person qualifies to claim the animal under Section 142.0021, Agriculture Code, if the animal is an estray. 1, eff. September 1, 2011. (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. 1.08. September 1, 2019. if the actor knowingly or recklessly: (A)fails to maintain an accurate and legible inventory of each motor vehicle component Aug. 28, 1995; Acts 1999, 76th Leg., ch. Section 152.175) and in effect on that date. election; or. 1, eff. 318, Sec. delivered; or. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 31.08. (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. Added by Acts 2007, 80th Leg., R.S., Ch. 858, 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 (B) a television set, videotape recorder, or other receiver attached to a multichannel video or information system; (2) attaches, causes to be attached, or maintains the attachment of a device to: (B) a television set, videotape recorder, or other receiver attached to a multichannel video or information services system; (3) tampers with, modifies, or maintains a modification to a device installed by a multichannel video or information services provider; or. (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. September 1, 2015. 1219 (S.B. (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. (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, 1994; Acts 1995, 74th Leg., ch. that all recorded liens on the motor vehicle have been released; or. (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; 37), Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 10, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. ACTOR'S INTEREST IN PROPERTY. 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 . 497, Sec. 429, Sec. 10, eff. Example: Joe owns a pawn shop. 599, Sec. 2482), Sec. 1, eff. (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. actor, is presumed to know upon receipt by the actor of stolen property (other than (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. Theft does not only have to be direct taking of another's property. OBJECTIVES OF CODE Sec. 900, Sec. 30.238, 31.01(69), eff. Added by Acts 2011, 82nd Leg., R.S., Ch. Sec. 323 (H.B. 134.001). Consent is not effective if: (B) given by a person the actor knows is not legally authorized to act for the owner; (C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable property dispositions; (D) given solely to detect the commission of an offense; or. 4, eff. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (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. (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. State Jail Felony Theft Theft is a state jail felony if: THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. (c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. (3) "Mail" means a letter, postal card, package, bag, or other sealed article that: (A) is delivered by a common carrier or delivery service and not yet received by the addressee; or. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Amended by Acts 1975, 64th Leg., p. 914, ch. What Qualifies as Identifying Information? 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. 2524), Sec. 671), Sec. 1466), Sec. 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 (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. September 1, 2011. 1, 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. Section 228b). "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. This misdemeanor charge is the lowest misdemeanor classification level. maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Under the Texas Penal Code Section 32.51, this offense can be either a state jail felony or a felony of the first, second or third degree. 20, eff. Theft is a Class C misdemeanor if the property stolen is worth less than $100. (2) "Identifying information" has the meaning assigned by Section 32.51 (Fraudulent Use or Possession of Identifying Information). Sept. 1, 1999. 9, eff. Acts 1973, 63rd Leg., p. 883, ch. - Regular Session . (c) This section does not prohibit the sale or lease of satellite receiving antennas that are otherwise permitted by state or federal law without providing notice to the comptroller. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. or other indicia of a transaction for delayed transmission to a financial institution. Sept. 1, 2003. receipt, or transfer document as required by Chapter 683, Transportation Code, or Added by Acts 2017, 85th Leg., R.S., Ch. 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 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. 1.04. or evidence of title delivered to the actor in accordance with Subchapter D, Chapter (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. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (7) a felony of the first degree if the value of the property stolen is $300,000 or more. 1.06. Tex. or other official number capable of identifying an individual; (5)stolen property does not lose its character as stolen when recovered by any law (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. Absent these criteria, the offense is charged as a misdemeanor. 30.239, 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. Added by Acts 2019, 86th Leg., R.S., Ch. (2) A peace officer may have their certification suspended or revoked if the person has been terminated for cause from employment as a . (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; (C) a document, including money, that represents or embodies anything of value. 323, Sec. 1245, Sec. Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. (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. Sept. 1, 2001. 843, Sec. 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. 1251 (H.B. September 1, 2009. Amended by Acts 1975, 64th Leg., p. 914, ch. (7) a felony of the first degree if the value of the service stolen is $300,000 or more. 821), Sec. (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. 12.22). Acts 2011, 82nd Leg., R.S., Ch. 323 (H.B. (e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. TERRITORIAL JURISDICTION Sec. According to the Texas Penal Code, coercion is defined as a threat, however communicated: - 1. to harm the credit or business repute of any person - 2. to take or withhold action as a public servant - 3. to cause death or serious bodily injury - 4. to expose a person to hatred, contempt, or ridicule 1,2, &4 10. (1)Restricted-use pesticide means a pesticide classified as a restricted-use pesticide by the administrator 31.04. 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. September 1, 2009. September 1, 2009. U.S. v.Vargas . (4)Automated teller machine means an unstaffed electronic information processing device that, at the request TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. (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. 31.04. (B) return the property to the owner within 10 days after receiving the demand for return of the property. (a) In this section: (1) "Cargo" means goods, as defined by Section 7.102, Business & Commerce Code, that constitute, wholly or partly, a commercial shipment of freight moving in commerce. 165, Sec. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. $50 or more but less than $500, or $20 to less than $500 by check: A Class B misdemeanor, with a fine of up to $2,000 and up to 180 days in jail. 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. 1, eff. (c) An offense under this section is a felony of the third degree. (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. 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.". (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. received the motor vehicle, the registration license receipt and certificate of title September 1, 2011. 13, eff. 105 (H.B. Appropriate charges based on property value according to Texas Penal Code 31 include: Class C misdemeanor for theft of property up to $100 in value: $500 fine. 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. (3) communicates or transmits a trade secret. (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. 295 (H.B. (C)used a shielding or deactivation instrument to prevent or attempt to prevent detection 1234 (S.B. September 1, 2007. (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. 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