1, eff. 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. Section 228b). 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 2482), Sec. 257, Sec. (2) possesses, sells, or offers for sale tangible personal property and: (A) the actor knows that the serial number or other permanent identification marking has been removed, altered, or obliterated; or. Acts 2015, 84th Leg., R.S., Ch. 2482), Sec. 1, eff. 1, eff. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Acts 2011, 82nd Leg., R.S., 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. pledgor has the right to possess the property. 318, Sec. September 1, 2009. $750-$2,500: Class A misdemeanor punishable by one year of jail time and a fine of up to $4,000. been previously stolen from another if the actor pays for or loans against the property 399, Sec. A person is reckless when he is aware of but consciously disregards a substantial and unjustifiable risk that the result will occur. or evidence of title delivered to the actor in accordance with Subchapter D, Chapter UNAUTHORIZED USE OF A VEHICLE. (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. a pharmacy, clinic, hospital, nursing facility, or warehouse; or. Sec. the value of $30,000; (B)regardless of value, the property is stolen from the person of another or from 1466), Sec. (d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. (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. 1, eff. 31.17. 21, eff. June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch. (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. (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. 10, eff. (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. more. (3) permits the individual to become the owner of the property. (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. or other official number capable of identifying an individual; (5)stolen property does not lose its character as stolen when recovered by any law 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. Added by Acts 2021, Texas Acts of the 87th Leg. Added by Acts 2001, 77th Leg., ch. 1396), Sec. 887), Sec. Added by Acts 2019, 86th Leg., R.S., Ch. Sec. 134.001). Amended by Acts 1975, 64th Leg., p. 914, ch. 11, eff. (3) communicates or transmits a trade secret. 13, eff. 843, Sec. 1, eff. previously convicted two or more times of any grade of theft; (E)the property stolen is an official ballot or official carrier envelope for an (1) a Class C misdemeanor if the value of the property or service is less than $100; (2) a Class B misdemeanor if the value of the property or service is $100 or more but less than $750; (3) a Class A misdemeanor if the value of the property or service is $750 or more but less than $2,500; (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. All rights reserved. 558, 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. if reasonably available, or other identifying characteristics; or. 3J.02, eff. 901, Sec. (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. 900, Sec. rebuilding, demolition, or other form of salvage is presumed to know on receipt by (B) has made fewer than three complete payments under the agreement. (3) the actor was solicited to commit the offense by a peace officer, and the solicitation was of a type that would encourage a person predisposed to commit the offense to actually commit the offense but would not encourage a person not predisposed to commit the offense to actually commit the offense. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. (C)fails on receipt of a motor vehicle to immediately remove an unexpired license maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, (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. 497, Sec. (C) a controlled substance, having a value of less than $150,000, if stolen from: (i) a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; or. (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. (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. 429, Sec. 1, eff. came into the actor's custody, possession, or control by virtue of his status as a Class C misdemeanor. What Qualifies as Identifying Information? 1276, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 31.03. 31.20 Texas Penal Code - PENAL 31.20. 32.53. 46 (S.B. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (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. September 1, 2015. Today, most theft crimes in Texas are consolidated under Texas Penal Code 31.03, including theft by conversion. Theft is a class A misdemeanor if the value of the stolen property or services is $750 or more but less than $2,500. (ii) a vehicle owned or operated by a wholesale distributor of prescription drugs; (A) the value of the property stolen is $150,000 or more but less than $300,000; or, (B) the value of the property stolen is less than $300,000 and the property stolen is an automated teller machine or the contents or components of an automated teller machine; or. Jan. 1, 1974. (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. Example: Joe owns a pawn shop. Amended by Acts 1999, 76th Leg., ch. (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. 1.01, eff. 31.15. (1) evidence that the actor has previously participated in recent transactions other than, but similar to, that which the prosecution is based is admissible for the purpose of showing knowledge or intent and the issues of knowledge or intent are raised by the actor's plea of not guilty; (2) the testimony of an accomplice shall be corroborated by proof that tends to connect the actor to the crime, but the actor's knowledge or intent may be established by the uncorroborated testimony of the accomplice; (3) an actor engaged in the business of buying and selling used or secondhand personal property, or lending money on the security of personal property deposited with the actor, is presumed to know upon receipt by the actor of stolen property (other than a motor vehicle subject to Chapter 501, Transportation Code) that the property has been previously stolen from another if the actor pays for or loans against the property $25 or more (or consideration of equivalent value) and the actor knowingly or recklessly: (A) fails to record the name, address, and physical description or identification number of the seller or pledgor; (B) fails to record a complete description of the property, including the serial number, if reasonably available, or other identifying characteristics; or. 30.239, eff. Added by Acts 2015, 84th Leg., R.S., Ch. September 1, 2019. 1, eff. 318, Sec. (3) "Effective consent" includes consent by a person legally authorized to act for the owner. (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; Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 694), Sec. 1.04. A person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section . Sec. 543, Sec. 1, eff. the delivery, the license plate number of the motor vehicle in which the part was Sept. 1, 1994; Acts 1997, 75th Leg., ch. September 1, 2011. 1, eff. 3J.01, eff. (9)an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. GENERAL PROVISIONS Sec. is: (5)a felony of the third degree if the value of the property stolen is $30,000 or 9, eff. Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. (C)fails to obtain a signed warranty from the seller or pledgor that the seller or Acts 2019, 86th Leg., R.S., Ch. MANUFACTURE, DISTRIBUTION, OR ADVERTISEMENT OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. 323 (H.B. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 139 (S.B. 1488), Sec. 1, eff. The statute defines theft as unlawfully appropriating property with the intent to deprive the owner of the property. September 1, 2011. (b) A person commits an offense if the person, knowing that the person is not entitled to obtain or possess that financial information: (1) obtains the financial sight order or payment card information of another by use of an electronic, photographic, visual imaging, recording, or other device capable of accessing, reading, recording, capturing, copying, imaging, scanning, reproducing, or storing in any manner the financial sight order or payment card information; or. 1, eff. OFFENSES AGAINST PROPERTY CHAPTER 31. (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. 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. 31.06. Theft does not only have to be direct taking of another's property. September 1, 2011. ACTOR'S INTEREST IN PROPERTY. 1, eff. public servant; (2)the actor was in a contractual relationship with government at the time of the 31.14. 1, eff. the name, age, address, sex, and driver's license number of the seller or person making 2482), Sec. Texas Penal Code - PENAL 32.51. (c) An offense under this section is a felony of the third degree. 4, eff. (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. 323 (H.B. THEFT OF SERVICE. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1, eff. 1, eff. (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). Wholesale distributor of prescription drugs. (2) "Identifying information" has the meaning assigned by Section 32.51. 1.01, eff. 1, eff. 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.". Added by Acts 1979, 66th Leg., p. 417, ch. (7) a felony of the first degree if the value of the service stolen is $300,000 or more. Tex. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise. general has concurrent jurisdiction with that consenting local prosecutor to prosecute Sept. 1, 1995; Acts 1995, 74th Leg., ch. 31.04. (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. 323 (H.B. 1, 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. Contact us. Sept. 1, 1995. Acts 2011, 82nd Leg., R.S., Ch. Absent these criteria, the offense is charged as a misdemeanor. PENAL CODE TITLE 7. (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. 7.01, eff. (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. an offense under this section that involves the state Medicaid program. 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. 479, Sec. 399, Sec. (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. Title 7 - OFFENSES AGAINST PROPERTY. commit the offense, but would not encourage a person not predisposed to commit the (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. from sounding; or. SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 933 (H.B. (C) a document, including money, that represents or embodies anything of value. (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 The term includes an automated banking machine. (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. Jan. 1, 1974. executed certificate of title to the motor vehicle at the time the motor vehicle was 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. delivered, a complete description of the part, and the vehicle identification number This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. Amended by Acts 1975, 64th Leg., p. 914, ch. 31.09. 31.05. 1, eff. PRESUMPTION FOR THEFT BY CHECK OR SIMILAR SIGHT ORDER. (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. While legislators continue to fight for felony charges for dog thefts, as of 2020, dogs were not a special class of property in Texas. 1282), Sec. 4, eff. CONSOLIDATION OF THEFT OFFENSES. Code 32.55 - Casetext. (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. "A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". THEFT. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. mixture, or preparation that the pesticide or compound, mixture, or preparation has (4) "Automated teller machine" means an unstaffed electronic information processing device that, at the request of a user, performs a financial transaction through the direct transmission of electronic impulses to a financial institution or through the recording of electronic impulses or other indicia of a transaction for delayed transmission to a financial institution. (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. Texas Statutes Penal Code Title 7 Chapter 30 Section 30.02 Texas Penal Code Sec. property, or lending money on the security of personal property deposited with the (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. 4, eff. 2, eff. 2, eff. 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. 4, eff. (B) to acquire or otherwise exercise control over property other than real property. to know on receipt by the actor of the motor vehicle that the motor vehicle has been (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. 1, eff. (7) "Steal" means to acquire property or service by theft. who sold or delivered the motor vehicle to the actor to deliver to the actor a properly 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. of the motor vehicle from which the part was removed, or in lieu of maintaining an 11, eff. 1, eff. 1, eff. COMPUTATION OF AGE Sec. Section 228b), that obtains livestock from a commission merchant by representing that the actor will make prompt payment is presumed to have induced the commission merchant's consent by deception if the actor fails to make full payment in accordance with Section 409, Packers and Stockyards Act (7 U.S.C. a motor vehicle subject to Chapter 501, Transportation Code) that the property has (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. 31.12. (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. 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