Aug. 28, 1995; Acts 1999, 76th Leg., ch. 12.22). Sept. 1, 2001. 821), Sec. Sec. (d-1) For purposes of Subsection (a)(2), the diversion of services to the benefit of a person who is not entitled to those services includes the disposition of personal property by an actor having control of the property under an agreement described by Subsections (d-2)(1)-(3), if the actor disposes of the property in violation of the terms of the agreement and to the benefit of any person who is not entitled to the property. pesticide is presumed to know on receipt by the actor of the pesticide or compound, Sept. 1, 1999. 1178), Sec. 1.09. Acts 2009, 81st Leg., R.S., Ch. Today, most theft crimes in Texas are consolidated under Texas Penal Code 31.03, including theft by conversion. 318, Sec. 900, Sec. 139 (S.B. "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. 323, Sec. (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) 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. Sec. 1.07. September 1, 2011. 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. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1245, Sec. 1.04. was of a type that would encourage a person predisposed to commit the offense to actually 1251 (H.B. (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. September 1, 2007. 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 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. inventory, fails to record the name and certificate of inventory number of the person (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. 900, Sec. Amended by Acts 1983, 68th Leg., p. 4525, ch. The term includes an automated banking machine. 30.239, eff. who sold or delivered the motor vehicle to the actor to deliver to the actor a properly (c) An offense under Subsection (b)(1) is a Class B misdemeanor. 399, Sec. Section 228b). 543, Sec. (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. Sec. will make prompt payment is presumed to have induced the commission merchant's consent (3) "Multichannel video or information services provider" means a licensed cable television system, video dialtone system, multichannel multipoint distribution services system, direct broadcast satellite system, or other system providing video or information services that are distributed by cable, wire, radio frequency, or other media. general has concurrent jurisdiction with that consenting local prosecutor to prosecute Sept. 1, 1983; Acts 1985, 69th Leg., ch. 11, 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. 1, eff. 858, Sec. 4, eff. 429, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (3) a felony of the third degree if the mail is appropriated from 30 or more addressees. Copyright 2023, Thomson Reuters. (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. 15, 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. (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. (d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. mixture, or preparation that the pesticide or compound, mixture, or preparation has Acts 2015, 84th Leg., R.S., Ch. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. 2482), Sec. (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. 348), Sec. Texas Statutes Penal Code Title 7 Chapter 30 Section 30.02 Texas Penal Code Sec. 31.20 Texas Penal Code - PENAL 31.20. Added by Acts 1979, 66th Leg., p. 417, 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. Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. (F)the value of the property stolen is less than $20,000 and the property stolen September 1, 2011. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 2003. 2, eff. Example: Joe owns a pawn shop. 903 (H.B. 671), Sec. The victim can collect actual damages plus up to $1,000.00 against an individual, or up to $5,000.00 against the parents or guardians of a minor (Sec. (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, 1997; Acts 1997, 75th Leg., ch. or evidence of title delivered to the actor in accordance with Subchapter D, Chapter Acts 1973, 63rd Leg., p. 883, ch. (11) "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment. Amended by Acts 1993, 73rd Leg., ch. Class B misdemeanor for theft of property from $100 . 13, eff. Acts 2017, 85th Leg., R.S., Ch. 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) Contact us. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. While legislators continue to fight for felony charges for dog thefts, as of 2020, dogs were not a special class of property in Texas. (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). (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. Added by Acts 1999, 76th Leg., ch. (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. 1124 (H.B. (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. September 1, 2011. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 31.15. 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. Acts 2009, 81st Leg., R.S., Ch. 11, eff. 2, eff. 558, Sec. Acts 2007, 80th Leg., R.S., Ch. 105 (H.B. | https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/. (B) has been left to be collected for delivery by a common carrier or delivery service. 338 (H.B. 399, Sec. 31.18. 399, Sec. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, ch. 323 (H.B. 1871), Sec. What Qualifies as Identifying Information? (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. Sec. Sec. 1, eff. 1, eff. 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. 565, Sec. 4, eff. actor's custody, possession, or control by virtue of the contractual relationship; 903 (H.B. 37), Sec. Code 32.55. September 1, 2011. Pen. (e) For the purposes of this section, each connection, attachment, modification, or act of tampering is a separate offense. 165, Sec. (a)A person commits an offense if he unlawfully appropriates property with intent 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. 165, Sec. (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. 1, eff. (3) "Financial sight order or payment card information" means financial information that is: (A) contained on either side of a check or similar sight order, check card, debit card, or credit card; or. 1215), Sec. offense and the property appropriated came into the actor's custody, possession, or 31.20 Mail Theft (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). 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. Sec. September 1, 2015. Theft is a class A misdemeanor if the value of the stolen property or services is $750 or more but less than $2,500. (B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04. (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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sec. 1274 (H.B. (g) It is a defense to prosecution under this section that: (1) the defendant secured the performance of the service by giving a post-dated check or similar sight order to the person performing the service; and. (g)For the purposes of Subsection (a), a person is the owner of exotic livestock Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. Sept. 1, 2003. 1488), Sec. Acts 2015, 84th Leg., R.S., Ch. (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. 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. 13, eff. (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. 31.10. September 1, 2017. of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient 2, eff. 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. Added by Acts 2007, 80th Leg., R.S., Ch. stolen by another; or. 671), Sec. a certificate of title showing that the motor vehicle is not subject to a lien or September 1, 2011. (10) "Elderly individual" has the meaning assigned by Section 22.04(c). 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. 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. 900, Sec. 4, eff. 3584), Sec. more. 167, Sec. 1, eff. (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. CONSOLIDATION OF THEFT OFFENSES. Theft is a Class C misdemeanor if the property stolen is worth less than $100. 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