(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. 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. Sept. 1, 1994. Added by Acts 2019, 86th Leg., R.S., Ch. Sec. (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). (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 Theft - last updated April 14, 2021 (2) transfers to a third party information obtained as described by Subdivision (1). (3)the actor was solicited to commit the offense by a peace officer, and the solicitation 70 (H.B. ACTOR'S INTEREST IN PROPERTY. 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. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. (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. 1, eff. 1, eff. by deception if the actor fails to make full payment in accordance with Section 409, 1, eff. 2482), Sec. (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. Added by Acts 2015, 84th Leg., R.S., Ch. 933 (H.B. THEFT. 31.01. (D) the supply of a motor vehicle or other property for use. 1124 (H.B. 900, Sec. 479, Sec. Stay up-to-date with how the law affects your life. Acts 2009, 81st Leg., R.S., Ch. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. 1, eff. pledgor has the right to possess the property; and. A class B misdemeanor is punishable by a maximum 180-day county jail term, $2,000 fine, or both (Texas Penal Code Ann. 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 . (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. 843, Sec. 1153, Sec. (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. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Texas Penal Code TEXAS PENAL CODE TITLE 1. Acts 1973, 63rd Leg., p. 883, ch. 31.06. 565, Sec. (B) telecommunication, public utility, or transportation service; (C) lodging, restaurant service, and entertainment; and. 821), Sec. (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. 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.". September 1, 2017. part purchased by or delivered to the actor, including the date of purchase or delivery, 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. 1, eff. 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. 31.09. Sept. 1, 1995. offense and the property appropriated came into the actor's custody, possession, or actor, is presumed to know upon receipt by the actor of stolen property (other than Class C misdemeanor. if reasonably available, or other identifying characteristics; or. 399, Sec. (9) "Used or secondhand motor vehicle" means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code. If the value of the property stolen is worth $100 or more, but less than $750, it's a Class B misdemeanor. of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient September 1, 2007. (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. (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. September 1, 2011. September 1, 2017. 10, eff. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. 900, Sec. executed certificate of title to the motor vehicle at the time the motor vehicle was (7)a felony of the first degree if the value of the property stolen is $300,000 or 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. is: (5)a felony of the third degree if the value of the property stolen is $30,000 or Sec. (g)For the purposes of Subsection (a), a person is the owner of exotic livestock Sept. 1, 1987; Acts 1989, 71st Leg., ch. (a) A person commits an offense if he intentionally or knowingly operates another's boat, airplane, or motor-propelled vehicle without the effective consent of the owner. 31.13. 1, eff. 31.16. 1, eff. 1.01, eff. CARGO THEFT. 1.03. 11, eff. Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. V.T.C.A., Transportation Code 520.031 et seq. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. Pen. (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. (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. Sept. 1, 1997; Acts 2003, 78th Leg., ch. The term includes an automated banking machine. (4) "Trade secret" means the whole or any part of any scientific or technical information, design, process, procedure, formula, or improvement that has value and that the owner has taken measures to prevent from becoming available to persons other than those selected by the owner to have access for limited purposes. Contact us. Acts 2009, 81st Leg., R.S., Ch. (c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property. (e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. Amended by Acts 1993, 73rd Leg., ch. UNAUTHORIZED USE OF A VEHICLE. 15.001, eff. 1, eff. (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 State Jail Felony Theft Theft is a state jail felony if: (3) a felony of the third degree if the mail is appropriated from 30 or more addressees. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. What is THEFT? September 1, 2009. (1)Restricted-use pesticide means a pesticide classified as a restricted-use pesticide by the administrator 21, eff. who sold or delivered the motor vehicle to the actor to deliver to the actor a properly (C) a document, including money, that represents or embodies anything of value. Acts 2013, 83rd Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. 11, eff. Texas Penal Code - PENAL 32.51. (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. Cite this article: FindLaw.com - Texas Penal Code - PENAL 31.03. of the motor vehicle from which the part was removed, or in lieu of maintaining an Amended by Acts 1977, 65th Leg., p. 1138, ch. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise. The Texas Penal Code defines theft as taking someone else's property without consent, either by deception or by physically stealing it. COMPUTATION OF AGE Sec. (9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. Acts 2011, 82nd Leg., R.S., Ch. 324 (S.B. Sept. 1, 1991; Acts 1991, 72nd 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. (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. Appropriation of property is unlawful if: it is without the owner's effective consent; the property is stolen and the actor appropriates the property knowing it was stolen by another; 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. 419, Sec. 976 (S.B. A person is reckless when he is aware of but consciously disregards a substantial and unjustifiable risk that the result will occur. 2, eff. (d) An offense under this section is a Class A misdemeanor. (2)State-limited-use pesticide means a pesticide classified as a state-limited-use pesticide by the Department 1, eff. 134.001). Sec. (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. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. (B) tangible or intangible personal property including anything severed from land; or. (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 (3) "Effective consent" includes consent by a person legally authorized to act for the owner. CONSOLIDATION OF THEFT OFFENSES. Chapter 31 of the Texas Penal Code governs the crime of THEFT in Texas. Read the full Texas Code for more information. 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 Theft is a Class C misdemeanor if the property stolen is worth less than $100. VALUE. 198, Sec. (2) "Credit card" and "debit card" have the meanings assigned by Section 32.31. listed in the rules adopted under that section (4 TAC Section 7.24) as that section existed on that date. 46 (S.B. 10, eff. Theft is a Class A misdemeanor if the goods stolen . (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. received the motor vehicle, the registration license receipt and certificate of title 31.15. (2) A peace officer may have their certification suspended or revoked if the person has been terminated for cause from employment as a . 1, eff. 1 Sec. (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; (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. Failure to prove the element of value will make it impossible for the prosecutor to convict you of a felony theft charge. GENERAL PROVISIONS Sec. (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. receipt, or transfer document as required by Chapter 683, Transportation Code, or 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. (7) a felony of the first degree if the value of the property stolen is $300,000 or more. Copyright 2023, Thomson Reuters. Tex. (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. 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