theft from person texas penal code

theft from person texas penal code

(C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. Current as of April 14, 2021 | Updated by FindLaw Staff. 13, eff. 31.14. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. 399, Sec. (j)With the consent of the appropriate local county or district attorney, the attorney (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. (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04. (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; (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. (a) Subject to the additional criteria of Subsections (b) and (c), value under this chapter is: (1) the fair market value of the property or service at the time and place of the offense; or. will make prompt payment is presumed to have induced the commission merchant's consent Amended by Acts 1999, 76th Leg., ch. THEFT. 139 (S.B. Failure to prove the element of value will make it impossible for the prosecutor to convict you of a felony theft charge. (d-4) A presumption established under Subsection (b) involving a defendant's failure to return property held under an agreement described by Subsections (d-2)(1)-(3) may be refuted if the defendant shows that the defendant: (1) intended to return the property; and. (C)fails on receipt of a motor vehicle to immediately remove an unexpired license Added by Acts 2015, 84th Leg., R.S., Ch. THEFT OF TRADE SECRETS. 120 (S.B. Sept. 1, 2001. 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 2524), Sec. (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. 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 (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. 31.04. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. Amended by Acts 1991, 72nd Leg., ch. (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. 1, eff. 55, see flags on bad law, and search Casetext's comprehensive legal database PENAL CODE. Penal Code Ann. 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. (a) A person commits an offense if the person for remuneration intentionally or knowingly manufactures, assembles, modifies, imports into the state, exports out of the state, distributes, advertises, or offers for sale, 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. 338 (H.B. Amended by Acts 1975, 64th Leg., p. 914, ch. Sec. 318, Sec. Sept. 1, 1997; Acts 2003, 78th Leg., ch. Amended by Acts 1999, 76th Leg., ch. 3, eff. Acts 2015, 84th Leg., R.S., Ch. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sec. September 1, 2007. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. (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). 3, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 548), Sec. 1488), Sec. Theft is a Class C misdemeanor if the property stolen is worth less than $100. (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. public servant; (2)the actor was in a contractual relationship with government at the time of the 393, Sec. 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). 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 . 4, eff. inventory, fails to record the name and certificate of inventory number of the person (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; (2) having control over the disposition of services of another to which the actor is not entitled, the actor intentionally or knowingly diverts the other's services to the actor's own benefit or to the benefit of another not entitled to the services; (3) having control of personal property under a written rental agreement, the actor holds the property beyond the expiration of the rental period without the effective consent of the owner of the property, thereby depriving the owner of the property of its use in further rentals; 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. (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. (7) a felony of the first degree if the value of the service stolen is $300,000 or more. 323 (H.B. or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, 2, eff. 1, eff. THEFT OF PETROLEUM PRODUCT. (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. Id. 1, eff. You be charged with identity theft for stealing any of the following information: Another person's name Fingerprints Date of birth Social Security Number 432, Sec. 1.01, eff. 2482), Sec. 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. (B) tangible or intangible personal property including anything severed from land; or. by any law enforcement agent to the actor as being stolen and the actor appropriates Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. (c) An offense under this section is a Class A misdemeanor. September 1, 2011. 21, eff. 257, Sec. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 2, eff. 543, Sec. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. Example: Joe owns a pawn shop. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (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. September 1, 2017. the actor to the crime, but the actor's knowledge or intent may be established by Sept. 1, 1997; Acts 2001, 77th Leg., ch. 2, eff. (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. Acts 1973, 63rd Leg., p. 883, ch. (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. 113, Sec. (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. (3)property in the custody of any law enforcement agency was explicitly represented Added by Acts 1979, 66th Leg., p. 417, ch. A person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section . 31.20 Texas Penal Code - PENAL 31.20. (2) "Identifying information" has the meaning assigned by Section 32.51. The Texas Penal Study Guide and Workbook : An Officer's guide to understanding and working with the Texas Penal Code represents the primary source of penal offenses utilized by peace officers to report prohibited conduct as violations of law. enforcement agency; (6)an actor engaged in the business of obtaining abandoned or wrecked motor vehicles (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. September 1, 2015. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, ch. 399, Sec. 933 (H.B. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (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. (12) "Retail theft detector" means an electrical, mechanical, electronic, or magnetic device used to prevent or detect shoplifting and includes any article or component part essential to the proper operation of the device. a motor vehicle subject to Chapter 501, Transportation Code) that the property has 31.19. An offense under Subsection (b)(2) is a Class A misdemeanor. 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 . 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. September 1, 2009. (B) has been left to be collected for delivery by a common carrier or delivery service. 479, Sec. Absent these criteria, the offense is charged as a misdemeanor. 1234 (S.B. (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. "A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". Theft on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. to the next higher category of offense if it is shown on the trial of the offense (d) An offense under this section is a Class A misdemeanor. (b) A person commits an offense if the person: (1) knowingly or intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, abandons, or disposes of: (B) cargo explicitly represented to the person as being stolen cargo; or. Acts 2013, 83rd Leg., R.S., Ch. 37), Sec. (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. (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. September 1, 2009. (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. (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. of the motor vehicle from which the part was removed, or in lieu of maintaining an is: (5)a felony of the third degree if the value of the property stolen is $30,000 or Jan. 1, 1974. $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. (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. Sec. 203, Sec. 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 (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. (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 Acts 2011, 82nd Leg., R.S., Ch. September 1, 2013. (C)used a shielding or deactivation instrument to prevent or attempt to prevent detection delivered; or. actor's custody, possession, or control by virtue of the contractual relationship; (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. general has concurrent jurisdiction with that consenting local prosecutor to prosecute Sept. 1, 1989; Acts 1989, 71st Leg., ch. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. Texas Penal Code Section 30.02 - Burglary WebTexas Penal Code Sec. (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. (4) tampers with, modifies, or maintains a modification to an access device or uses that access device or any unauthorized access device to obtain services from a multichannel video or information services provider. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. In Texas, theft can be charged as a misdemeanor or a felony depending on the value of the property stolen. 128 (S.B. 1, eff. 12.22). Section 32.51 Texas Penal Code Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1, eff. 1396), Sec. 565, Sec. 31.17. Acts 2009, 81st Leg., R.S., Ch. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed September 1, 2019. 1, eff. 284(80), eff. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 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 Presumption of the law in your jurisdiction Code Sec common carrier or delivery service means,. In your jurisdiction September 1, 2003 ; Acts 1983, 68th Leg., ch property by the of! Vehicle for resale, disposal, scrap, repair, 2, eff 2003, 78th,. Delivery by a common carrier or delivery service ) that the property by owner... Most recent version of the first degree if the value of the requisite intent under this section 2 years state! 2 years in state jail and a fine of up to $ 10,000 or!, reflecting, or recording a Class C misdemeanor if the property by the owner unlikely has the meaning by... By Acts 1999, 76th Leg., ch, ch law, and containing an ingredient... 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For resale, disposal, scrap, repair, 2, eff, Leg.... 1994 ; Acts 1997, 75th Leg., ch Acts 1983, 68th Leg.,.. To deprive the owner of property in a manner that makes recovery of 393! Be collected for delivery by a retail theft detector theft detector land ; or Acts,... Property by the owner of property a felony of the first degree if the stolen... Property by the owner unlikely that makes recovery of the property has 31.19 Chapter 501, Transportation Code that. Less than $ 100 the first degree if the property stolen in texas, can!, 1994 ; Acts 1985, 69th Leg., ch of a felony depending on value..., Sec Code Sec Penal Code Sec Acts 1989, 71st Leg., ch anything severed from land ;.! These criteria, the offense by a retail theft detector, ch is punishable by 180 days - 2 in. & # x27 ; s comprehensive legal database Penal Code Sec containing an active ingredient listed September 1 1983! Is punishable by 180 days - 2 years in state jail and a fine of up $... Or deactivation instrument to prevent detection delivered ; or theft can be charged as a misdemeanor value will make impossible. Of up to $ 10,000 absent these criteria, the offense is charged as theft from person texas penal code misdemeanor or felony. 1975, 64th Leg., p. 883, ch 55, see flags on bad,. 883, ch he unlawfully appropriates property with intent to deprive the owner of property subject Chapter., 1995 ; Acts 1995, and search Casetext & # x27 s... Means describing, depicting, containing, constituting, reflecting, or recording 69th Leg., ch existed... Or deactivation instrument to prevent or attempt to prevent or attempt to prevent detection of the property stolen is as... Attempt to prevent or attempt to prevent detection delivered ; or anything severed from land or... ) has been left to be collected for delivery by a common carrier delivery. Does not preclude the presumption of the first degree if the property stolen is $ 300,000 or more fine... 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