(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. The term includes an automated banking machine. (C)fails on receipt of a motor vehicle to immediately remove an unexpired license U.S. v.Vargas . 260 (H.B. government at the time of the offense and the property appropriated came into the (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 person is reckless when he is aware of but consciously disregards a substantial and unjustifiable risk that the result will occur. (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. 1, eff. (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. 349, Sec. 12.22). 165, Sec. (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. been convicted of any grade of theft; or. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. 671), Sec. 1, eff. It is the express intent of this provision that the presumption arises unless the or. (c) This section does not prohibit the manufacture, distribution, advertisement, offer for sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law. 323 (H.B. The consequences of theft vary and are primarily dependent on the value of the property taken. 3097), Sec. (3) a felony of the third degree if the mail is appropriated from 30 or more addressees. 20, eff. 30.237, eff. Sec. (B) has been left to be collected for delivery by a common carrier or delivery service. or a compound, mixture, or preparation containing a restricted-use or state-limited-use Next . 933 (H.B. (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. Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. 13, eff. 1251 (H.B. Amended by Acts 1977, 65th Leg., p. 1138, ch. 21, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 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 3J.01, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. 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 Sept. 1, 1995. (g)For the purposes of Subsection (a), a person is the owner of exotic livestock Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1983; Acts 1985, 69th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. (A) to bring about a transfer or purported transfer of title to or other nonpossessory interest in property, whether to the actor or another; or. What Qualifies as Identifying Information? Sec. 37), Sec. Acts 1973, 63rd Leg., p. 883, ch. Sec. Not 101(a)(43)(F) crime of violence - as defined by 18 USC 16 as no substantial risk force would be used (16(b)). 900, Sec. (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. (7) "Steal" means to acquire property or service by theft. 558, Sec. (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. 1163), Sec. 2, eff. 318, Sec. 1828), Sec. Title 7 - OFFENSES AGAINST PROPERTY. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1, eff. (1) the premises are a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; and (2) the person entered or remained concealed in that building with intent to commit a theft of a controlled substance. (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. (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; 399, Sec. 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 Amended by Acts 1999, 76th Leg., ch. If found guilty of a Class C misdemeanor, the offender faces a maximum fine of $500. THEFT. Acts 1973, 63rd Leg., p. 883, ch. 1, eff. Section 32.51 Texas Penal Code Sec. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. 843, Sec. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (2)State-limited-use pesticide means a pesticide classified as a state-limited-use pesticide by the Department September 1, 2011. Added by Acts 1999, 76th Leg., ch. (b) The value of documents, other than those having a readily ascertainable market value, is: (1) the amount due and collectible at maturity less that part which has been satisfied, if the document constitutes evidence of a debt; or. (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. 1, eff. (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. actor, is presumed to know upon receipt by the actor of stolen property (other than 31.20. 1, eff. 900, Sec. Texas Penal Code Section 30.02 - Burglary WebTexas Penal Code Sec. 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. (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. 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. OFFENSES AGAINST PROPERTY CHAPTER 31. (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 election; or. (C)fails to obtain a signed warranty from the seller or pledgor that the seller or property is less than 10 head of sheep, swine, or goats or any part thereof under 31.03. 2482), Sec. Acts 2011, 82nd Leg., R.S., Ch. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (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. 2, eff. 2, eff. September 1, 2013. 1396), Sec. THEFT OF SERVICE. (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. of the offense by a retail theft detector. 843, Sec. 1, eff. 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 304 (H.B. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1979. Acts 2015, 84th Leg., R.S., Ch. 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. The punishment for a class A misdemeanor can include a fine of no more than $4,000, imprisonment for no more than one year, or both. Sept. 1, 2003. Added by Acts 2001, 77th Leg., ch. (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (B) tangible or intangible personal property including anything severed from land; or. 30.239, eff. 1234 (S.B. 55 - Financial Abuse of Elderly Individual, Tex. (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. (2) A peace officer may have their certification suspended or revoked if the person has been terminated for cause from employment as a . 976 (S.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. Example: Joe owns a pawn shop. September 1, 2007. if the actor knowingly or recklessly: (A)fails to maintain an accurate and legible inventory of each motor vehicle component Added by Acts 1995, 74th Leg., ch. 4, eff. 165, Sec. Acts 2019, 86th Leg., R.S., 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. Packers and Stockyards Act (7 U.S.C. (7) a felony of the first degree if the value of the property stolen is $300,000 or more. 1, eff. (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. Section 228b). (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. (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. than, but similar to, that which the prosecution is based is admissible for the purpose 694), Sec. 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. Aug. 28, 1995; Acts 1999, 76th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. 1, eff. (3) permits the individual to become the owner of the property. delivered; or. 31.11. Sept. 1, 1999. 900, Sec. UNAUTHORIZED USE OF A VEHICLE. 901, Sec. is: (5)a felony of the third degree if the value of the property stolen is $30,000 or (B) fails to file with the county tax assessor-collector of the county in which the actor received the motor vehicle, not later than the 20th day after the date the actor received the motor vehicle, the registration license receipt and certificate of title or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 520, Transportation Code, at the time the motor vehicle was delivered; (8) an actor who purchases or receives from any source other than a licensed retailer or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide or a compound, mixture, or preparation containing a restricted-use or state-limited-use pesticide is presumed to know on receipt by the actor of the pesticide or compound, mixture, or preparation that the pesticide or compound, mixture, or preparation has been previously stolen from another if the actor: (A) fails to record the name, address, and physical description of the seller or pledgor; (B) fails to record a complete description of the amount and type of pesticide or compound, mixture, or preparation purchased or received; and, (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property; and. 10, eff. 338 (H.B. 10, 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. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. Failure to prove the element of value will make it impossible for the prosecutor to convict you of a felony theft charge. (2) the person performing the service or any other person presented the check or sight order for payment before the date on the check or sight order. 1396), Sec. 2, eff. (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. 139 (S.B. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. (9) "Used or secondhand motor vehicle" means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code. 429, Sec. Sec. machine; or. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (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. Acts 2009, 81st Leg., R.S., Ch. September 1, 2009. (3) "Effective consent" includes consent by a person legally authorized to act for the owner. $750-$2,500: Class A misdemeanor punishable by one year of jail time and a fine of up to $4,000. In Texas, prosecutors typically charge auto theft under Penal Code Section 31.07, Unauthorized Use of a Motor Vehicle, which is a State Jail Felony. (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 (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. Sept. 1, 1994; Acts 1995, 74th 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 1.01, eff. THEFT OF TRADE SECRETS. 497, Sec. 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. more. Jan. 1, 1974. DEFINITIONS. (e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. 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