the actor to the crime, but the actor's knowledge or intent may be established by September 1, 2009. 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. MAIL THEFT. 1.01. machine; or. $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 Added by Acts 2001, 77th Leg., ch. (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. (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. Added by Acts 1979, 66th Leg., p. 417, 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 SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. 1488), Sec. 1.01, eff. Class C misdemeanor. If found guilty of a Class C misdemeanor, the offender faces a maximum fine of $500. (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. Acts 2009, 81st Leg., R.S., Ch. 342, Sec. (3)property in the custody of any law enforcement agency was explicitly represented 976 (S.B. 497, Sec. (d) Except as otherwise provided by this subsection, if written notice is given in accordance with Subsection (c), it is presumed that the notice was received not later than two days after the notice was sent. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Sec. to deprive the owner of property. Texas Penal Code Section 30.02 - Burglary WebTexas Penal Code Sec. (g) For the purposes of Subsection (a), a person is the owner of exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, only if the person qualifies to claim the animal under Section 142.0021, Agriculture Code, if the animal is an estray. 37), Sec. 167, Sec. Acts 2011, 82nd Leg., R.S., Ch. (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. stolen by another; or. Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, ch. 933 (H.B. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. (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. 338 (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. 260 (H.B. 31.02. 31.18. Sec. THEFT Sec.A31.01.AADEFINITIONS. Acts 2009, 81st Leg., R.S., Ch. 1, eff. (2) "State-limited-use pesticide" means a pesticide classified as a state-limited-use pesticide by the Department of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient listed in the rules adopted under that section (4 TAC Section 7.24) as that section existed on that date. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2017. 1276, Sec. 1245, Sec. September 1, 2017. September 1, 2019. DEFINITIONS. 1, eff. Amended by Acts 1975, 64th Leg., p. 914, ch. (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, eff. 1251 (H.B. (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. 565, Sec. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. The punishment range for a State Jail Felony is: Six Months to Two years in the State Jail, Day for Day; and, A Fine Up to $10,000. Sept. 1, 1994. Sec. Sept. 1, 1999. (3) a felony of the third degree if the mail is appropriated from 30 or more addressees. 1828), Sec. (11) "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment. 741, Sec. WebRead Section 32. THEFT. 298, Sec. 900, Sec. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed Sec. (a) In this section, "petroleum product" means crude oil, natural gas, or condensate. 323 (H.B. 497, Sec. 1219 (S.B. 903 (H.B. 1, eff. or evidence of title delivered to the actor in accordance with Subchapter D, Chapter Acts 1973, 63rd Leg., p. 883, ch. Acts 2013, 83rd Leg., R.S., Ch. 1.08. The statute defines theft as unlawfully appropriating property with the intent to deprive the owner of the property. 399, Sec. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the U.S. v.Vargas . 3J.01, eff. 1, eff. 2, eff. actor, is presumed to know upon receipt by the actor of stolen property (other than 1, eff. 1251 (H.B. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. September 1, 2009. 1, eff. (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. (f)An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased PREEMPTION Sec. Chapter 31 of the Texas Penal Code governs the crime of THEFT in Texas. 858, Sec. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. May 23, 2009. 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) Acts 2017, 85th Leg., R.S., Ch. 31.01. 165, Sec. of showing knowledge or intent and the issues of knowledge or intent are raised by 31.19. (7)a felony of the first degree if the value of the property stolen is $300,000 or (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. 1871), Sec. 3, eff. (4) a felony of the first degree if the total value of the petroleum product appropriated is $300,000 or more. 31.07. commit the offense, but would not encourage a person not predisposed to commit the 1, eff. 32.53. (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. (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. 4, eff. 900, Sec. impulses to a financial institution or through the recording of electronic impulses $750-$2,500: Class A misdemeanor punishable by one year of jail time and a fine of up to $4,000. 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 . (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. (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. (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. (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. Amended by Acts 1983, 68th Leg., p. 4525, ch. 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. Failure to prove the element of value will make it impossible for the prosecutor to convict you of a felony theft charge. 14, Sec. 1153, Sec. CONSOLIDATION OF THEFT OFFENSES. Theft is a Class C misdemeanor if the property stolen is worth less than $100. The term includes an automated banking machine. 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. The monetary categories applied to certain theft crimes were increased. (3) acting with respect to a number assigned to a vehicle by the Texas Department of Transportation or the Texas Department of Motor Vehicles, as applicable, and the person was: (A) in the actual discharge of official duties as an employee or agent of the department; or. (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. by deception if the actor fails to make full payment in accordance with Section 409, 1, eff. 165, Sec. Mail Theft Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. delivered, a complete description of the part, and the vehicle identification number THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. (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. 1396), Sec. 1, eff. 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 Sept. 1, 1997. or a compound, mixture, or preparation containing a restricted-use or state-limited-use Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. 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. 31.05. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. the value of $30,000; (B)regardless of value, the property is stolen from the person of another or from 724, Sec. September 1, 2019. 7.01, eff. 21, eff. 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. (C)fails to obtain a signed warranty from the seller or pledgor that the seller or (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. September 1, 2011. number of the seller or pledgor; (B)fails to record a complete description of the property, including the serial number, 694), Sec. is: (5)a felony of the third degree if the value of the property stolen is $30,000 or (C) a document, including money, that represents or embodies anything of value. Sept. 1, 1997; Acts 2003, 78th Leg., ch. rebuilding, demolition, or other form of salvage is presumed to know on receipt by 900, Sec. (d-5) For purposes of Subsection (b)(5), "business day" means a day other than Sunday or a state or federal holiday. Acts 1973, 63rd Leg., p. 883, ch. September 1, 2011. 165, Sec. 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.". 2482), Sec. the actor's plea of not guilty; (2)the testimony of an accomplice shall be corroborated by proof that tends to connect than, but similar to, that which the prosecution is based is admissible for the purpose 2, eff. Section 228b), that obtains livestock from a commission merchant by representing that the actor "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. 933 (H.B. 1396), Sec. 11, eff. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 900, Sec. 109, Sec. (e) An offense described for purposes of punishment by Subsections (c)(1)-(3) is increased to the next higher category of offense if it is shown on the trial of the offense that the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b). 318, Sec. September 1, 2009. (c) An offense under Subsection (b)(1) is a Class B misdemeanor. 10, 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 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. 31.04. 2, 3, eff. (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. delivered; or. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Theft may be taking property that the defendant already knows to be stolen by someone else. 323, Sec. Sec. 2, eff. Acts 2015, 84th Leg., R.S., Ch. (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. 323, Sec. Acts 1973, 63rd Leg., p. 883, ch. (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. (B) return the property to the owner within 10 days after receiving the demand for return of the property. 3J.02, eff. 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 Felony Theft in Texas In Texas, theft becomes a felony when a specific object was taken, the property was valued at $2,500 or more, or the alleged offender has prior theft convictions. (4) the actor intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make full payment after receiving notice demanding payment. GENERAL PROVISIONS Sec. (d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. 1.04. 1, eff. 113, Sec. the license plate number and the make, motor number, and vehicle identification number If the value of the property stolen is worth $100 or more, but less than $750, it's a Class B misdemeanor. (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. 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