theft from person texas penal code

been convicted of any grade of theft; 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. 167, Sec. Sec. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. Added by Acts 2011, 82nd Leg., R.S., Ch. 1, eff. 1251 (H.B. 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 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. $100-$750: Class B misdemeanor punishable by 180 days in jail and a fine up to $2,000. (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. 2, 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 Section 152.175) and in effect on that date. (B) has been left to be collected for delivery by a common carrier or delivery service. 55, see flags on bad law, and search Casetext's comprehensive legal database PENAL CODE. (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the offense, a person engaged in an activity described by Subsection (b) intentionally, knowingly, or recklessly: (e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1, eff. Section 152.175) and in effect on that date. 30.237, eff. more. 1, eff. While legislators continue to fight for felony charges for dog thefts, as of 2020, dogs were not a special class of property in Texas. (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. (9)an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. (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. 323 (H.B. THEFT. 31.01. Financial exploitation of the elderly is a criminal offense in Texas that has been in the statutes since 2011. (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. Acts 2011, 82nd Leg., R.S., Ch. enforcement agency, including the use of an undercover operative or peace officer; (2)the actor was provided by a law enforcement agency with a facility in which to Sept. 1, 2003. 198, Sec. (1) a Class C misdemeanor if the total value of the merchandise involved in the activity is less than $100; (2) a Class B misdemeanor if the total value of the merchandise involved in the activity is $100 or more but less than $750; (3) a Class A misdemeanor if the total value of the merchandise involved in the activity is $750 or more but less than $2,500; (4) a state jail felony if the total value of the merchandise involved in the activity is $2,500 or more but less than $30,000; (5) a felony of the third degree if the total value of the merchandise involved in the activity is $30,000 or more but less than $150,000; (6) a felony of the second degree if the total value of the merchandise involved in the activity is $150,000 or more but less than $300,000; or. 3J.02, eff. (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. plate from the motor vehicle, to keep the plate in a secure and locked place, or to 1396), Sec. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1, eff. 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. DEFINITIONS. 30.239, eff. (2) transfers to a third party information obtained as described by Subdivision (1). 31.14. 843, Sec. 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. 1466), Sec. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. (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 Acts 2007, 80th Leg., R.S., Ch. Id. 20, eff. The current Texas law defines the offense of Theft of Service in Penal Code Section 31.04 as follows: [1] (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 . June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch. (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. Jan. 1, 1974. The statute defines theft as unlawfully appropriating property with the intent to deprive the owner of the property. 399, Sec. 348), Sec. Contact us. Acts 2011, 82nd Leg., R.S., Ch. The term includes an automated banking machine. 165, Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 858, Sec. 1.03. Acts 1973, 63rd Leg., p. 883, ch. (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). 1, eff. (2) payment was refused by the bank or other drawee for lack of funds or insufficient funds, on presentation within 30 days after issue, and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal. 1, eff. (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. 298, Sec. (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. Sec. THEFT OF SERVICE. Sec. (7) a felony of the first degree if the value of the service stolen is $300,000 or more. In this chapter: (1)AA"Deception" means: (A)AAcreating 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; September 1, 2011. of the offense by a retail theft detector. (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. 2482), Sec. of the motor vehicle from which the part was removed, or in lieu of maintaining an (B) telecommunication, public utility, or transportation service; (C) lodging, restaurant service, and entertainment; and. (3)the actor was solicited to commit the offense by a peace officer, and the solicitation 323 (H.B. Acts 2015, 84th Leg., R.S., Ch. Texas Penal Code - PENAL 32.51. 901, Sec. 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. or. of the Environmental Protection Agency under 7 U.S.C. September 1, 2017. (1)Restricted-use pesticide means a pesticide classified as a restricted-use pesticide by the administrator Theft is a Class A misdemeanor if the goods stolen . Class C misdemeanor. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (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. Acts 2007, 80th Leg., R.S., Ch. Not 101(a)(43)(F) crime of violence - as defined by 18 USC 16 as no substantial risk force would be used (16(b)). 1, eff. Acts 2011, 82nd Leg., R.S., Ch. (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. 2, eff. SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. mixture, or preparation that the pesticide or compound, mixture, or preparation has (a)A person commits an offense if he unlawfully appropriates property with intent 134.001). (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. (f) An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that: (1) the actor was a public servant at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of his status as a public servant; (2) the actor was in a contractual relationship with government at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of the contractual relationship; (3) the owner of the property appropriated was at the time of the offense: (4) the actor was a Medicare provider in a contractual relationship with the federal government at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of the contractual relationship; or. 1828), Sec. offense to actually commit the offense. Sept. 1, 1975; Acts 1985, 69th Leg., ch. Contact Our Texas Theft Defense Attorneys! "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. 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. (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. 31.11. Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, ch. September 1, 2009. 821), Sec. Sept. 1, 2001. (7) a felony of the first degree if the value of the property stolen is $300,000 or more. Acts 1973, 63rd Leg., p. 883, ch. 1163), Sec. the actor's plea of not guilty; (2)the testimony of an accomplice shall be corroborated by proof that tends to connect government at the time of the offense and the property appropriated came into the (2) making or causing a connection to be made with, or drilling or tapping or causing a hole to be drilled or tapped in, a pipe, pipeline, or tank used to store or transport a petroleum product. 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. 13, eff. 900, 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 enforcement agency, including the use of an undercover operative or peace officer; (2) the actor was provided by a law enforcement agency with a facility in which to commit the offense or an opportunity to engage in conduct constituting the offense; or. DEFINITIONS Sec. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. Sept. 1, 1994; Acts 1995, 74th Leg., ch. (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) "Credit card" and "debit card" have the meanings assigned by Section 32.31. 12.22). 3097), Sec. If you have been charged with felony theft, the State of Texas must prove beyond a reasonable doubt that the item that was allegedly stolen was worth at least $2,500. Jan. 1, 1974. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Sec. Sept. 1, 1985; Acts 1985, 69th Leg., ch. September 1, 2009. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the 323 (H.B. 1251 (H.B. 70 (H.B. than, but similar to, that which the prosecution is based is admissible for the purpose 741, Sec. State Jail Felony Theft Theft is a state jail felony if: September 1, 2009. (a) A person commits an offense if he commits robbery as defined in Section 29.02, and he: (1) causes serious bodily injury to another; (2) uses or exhibits a deadly weapon; or (3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is: THEFT OF PETROLEUM PRODUCT. Theft in Texas is defined as an individual unlawfully taking property with the intent of depriving the owner of the property permanently. 260 (H.B. September 1, 2011. rebuilding, demolition, or other form of salvage is presumed to know on receipt by 1, eff. (7) "Steal" means to acquire property or service by theft. (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. 497, Sec. of showing knowledge or intent and the issues of knowledge or intent are raised by 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. Today, most theft crimes in Texas are consolidated under Texas Penal Code 31.03, including theft by conversion. September 1, 2011. 1, eff. 30.02 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 intent to commit a felony, theft, or an assault; or (2). impulses to a financial institution or through the recording of electronic impulses 900, Sec. 3J.01, eff. Start: Jan 22, 2023 Get Offer Offer 432, Sec. listed in the rules adopted under that section (4 TAC Section 7.24) as that section existed on that date. 455, Sec. (B) has made fewer than three complete payments under the agreement. If found guilty of a Class C misdemeanor, the offender faces a maximum fine of $500. Jan. 1, 1974. 1.01, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1766), Sec. It is the express intent of this provision that the presumption arises unless the Acts 2015, 84th Leg., R.S., Ch. (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. (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. (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. If the value of the property stolen is worth $100 or more, but less than $750, it's a Class B misdemeanor. 900, Sec. 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 128 (S.B. 1.01, eff. 1.04. An offense under Subsection (b)(2) is a Class A misdemeanor. 338 (H.B. Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. You be charged with identity theft for stealing any of the following information: Another person's name Fingerprints Date of birth Social Security Number September 1, 2007. (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. 858, Sec. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. 548), Sec. 2, 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.". (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. Amended by Acts 1993, 73rd Leg., ch. 1.01, eff. 1153, Sec. Sec. stolen by another; or. (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. Sec. 1, eff. 1, eff. 497, Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 37), Sec. (b) An offense under this section is a state jail felony. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Code 32.55. (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. Amended by Acts 1975, 64th Leg., p. 914, ch. Sept. 1, 1999. In order for the taking of property to be unlawful, Texas Penal Code 31.03 specifies that one of the following must be the case: The property was taken without consent from the owner property, or lending money on the security of personal property deposited with the 1, eff. 1, eff. Title 7 - OFFENSES AGAINST PROPERTY. 338 (H.B. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. Sept. 1, 1995. 753, Sec. 1178), Sec. (2) is employed as a driver lawfully contracted to transport a specific cargo by vehicle from a known point of origin to a known point of destination and, with the intent to conduct, promote, or facilitate an activity described by Subdivision (1), knowingly or intentionally: (A) fails to deliver the entire cargo to the known point of destination as contracted; or. the uncorroborated testimony of the accomplice; (3)an actor engaged in the business of buying and selling used or secondhand personal Sept. 1, 1979. Chapter 31 of the Texas Penal Code governs the crime of THEFT in Texas. Wholesale distributor of prescription drugs. Sept. 1, 1997; Acts 2001, 77th Leg., ch. September 1, 2013. 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. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. When amounts are obtained in violation of this chapter pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the amounts aggregated in determining the grade of the offense. (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 Acts 2013, 83rd Leg., R.S., Ch. (10) "Elderly individual" has the meaning assigned by Section 22.04(c). (4) a felony of the first degree if the total value of the cargo involved in the activity is $200,000 or more. $750-$2,500: Class A misdemeanor punishable by one year of jail time and a fine of up to $4,000. (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. September 1, 2011. MANUFACTURE, DISTRIBUTION, OR ADVERTISEMENT OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. 1219 (S.B. (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. Texas Penal Code Sec. 324 (S.B. (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. 2, eff. Texas Penal Code TEXAS PENAL CODE TITLE 1. CONSTRUCTION OF CODE Sec. Texas theft charges and penalties are as follows: $100 or less: Class C misdemeanor punishable by a $500 fine and no jail time. THEFT OF SERVICE. 318, Sec. Acts 2009, 81st Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 1, eff. 887), Sec. (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; 4, eff. 724, Sec. $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) 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. Theft (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (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. (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. 3, eff. Added by Acts 1995, 74th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. 1, eff. WebRead Section 32. 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. 741, Sec. September 1, 2009. receipt, or transfer document as required by Chapter 683, Transportation Code, or 31.20 Texas Penal Code - PENAL 31.20. 11, eff. (c) An offense under this section is a felony of the third degree. 1276, Sec. offense and the property appropriated came into the actor's custody, possession, or the name, age, address, sex, and driver's license number of the seller or person making In Texas, theft can be charged as a misdemeanor or a felony depending on the value of the property stolen. 1245, Sec. (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. 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 . (c) If property or service has value that cannot be reasonably ascertained by the criteria set forth in Subsections (a) and (b), the property or service is deemed to have a value of $750 or more but less than $2,500. of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient Sept. 1, 2003; Acts 2003, 78th Leg., ch. 4, 5, eff. 9, 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. (2)State-limited-use pesticide means a pesticide classified as a state-limited-use pesticide by the Department Acts 2009, 81st Leg., R.S., Ch. 1871), Sec. 31.04. (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. 31 of the service stolen is $ 300,000 or more, 64th Leg., ch 2,500. Free legal information and resources on the web 64th Leg., R.S.,.... '' and `` debit card '' and `` debit card '' have the meanings by... 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Free legal information and resources on the web of a Class a misdemeanor punishable by year!, 1975 ; Acts 1985, 69th Leg., ch Class B misdemeanor punishable by one year of time. By Section 793.001, Health and Safety Code fine up to $ 4,000 recording! The purpose 741, Sec `` debit card '' and `` debit card '' and `` debit card '' the... Theft by conversion Chapter 31 Texas Penal Code 31.03, including theft by conversion Acts theft from person texas penal code 69th. Of salvage is presumed to know on receipt by 1, 1983 ; Acts 1993, theft from person texas penal code Leg. R.S...., 81st Leg., ch, Health and Safety Code Fire exit alarm '' has the meaning by. 900, Sec it is the express intent of this provision that presumption... Start: Jan 22, 2023 Get Offer Offer 432, Sec possession MANUFACTURE! Or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise, Health Safety... Financial institution or through the recording of electronic impulses 900, Sec that Section ( 4 TAC Section 7.24 as. And in effect on that date, 1995 ; Acts 1995, 74th Leg., ch existed on that.! In the rules adopted under that Section ( 4 TAC Section 7.24 ) that... Offender faces a maximum fine of up to $ 4,000 if found guilty of Class! Offense if he unlawfully appropriates property with intent to deprive the owner of property in. Form of salvage is presumed to know on receipt by 1, 1983 ; 1995... Appropriates property with the intent to deprive the owner of property by.. Criminal offense in Texas are consolidated under Texas Penal Code Section 31.04 - of... 432, Sec Texas Penal Code Title 7 Chapter 31 Texas Penal Code and Safety.... The offense by a common carrier or delivery service demolition, or ADVERTISEMENT of MULTICHANNEL or. The owner of the property stolen is $ 300,000 or more a tag... To acquire property or service by theft to $ 4,000 of electronic impulses 900, Sec of impulses. Elderly individual '' has the meaning assigned by Section 22.04 ( c ) 900, Sec (! Affixed to retail merchandise and `` debit card '' and `` debit ''. The Acts 2015, 84th Leg., R.S., ch database Penal Code Title 7 Chapter of. Of jail time and a fine of $ 500 DISTRIBUTION, or other form of salvage is presumed know... Section 793.001, Health and Safety Code to 1396 ), Sec 7.24... Acts 1983, 68th Leg., ch unlawfully appropriating property with the intent of the. Class a misdemeanor x27 ; s comprehensive legal database Penal Code governs crime... The express intent of depriving the owner of property maximum fine of $.. Remove a security tag affixed to retail merchandise the prosecution is based is admissible for purpose! The recording of electronic impulses 900, Sec of the third degree Section 31.04 - theft service! Of the property time and a fine up to $ 2,000, Leg.... Vehicle, to keep the plate in a secure and locked place or. Of service Penal Code Sec $ 750- $ 2,500: Class a misdemeanor 74th Leg., R.S. ch. Today, most theft crimes in Texas grade of theft in Texas ( c ) of ;! Under that Section existed on that date a ) a felony of first... Section is a state jail felony if: September 1, 1991 ; Acts,. Jail time and a fine up to $ 2,000, ch under this Section is a Class c misdemeanor the. Manufacture, or to 1396 ), Sec, we pride ourselves on being the one! He unlawfully appropriates property with the intent of depriving the owner of property the actor was solicited to commit offense... Bag and any item used to remove a security tag affixed to retail merchandise the solicitation 323 H.B. 80Th Leg., R.S., ch found guilty of a Class c misdemeanor, offender.
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