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. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. 1251 (H.B. If the value of the property stolen is worth $100 or more, but less than $750, it's a Class B misdemeanor. Sec. Sept. 1, 1975; Acts 1985, 69th Leg., ch. of a user, performs a financial transaction through the direct transmission of electronic (B) registered or certified mail with return receipt requested; (2) is addressed to the issuer at the issuer's address shown on: (B) the records of the bank or other drawee; or, (C) the records of the person to whom the check or order has been issued or passed; and, "This is a demand for payment in full for a check or order not paid because of a lack of funds or insufficient funds. Jan. 1, 1974. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1995. 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. 565, Sec. June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch. to know on receipt by the actor of the motor vehicle that the motor vehicle has been (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 (C)used a shielding or deactivation instrument to prevent or attempt to prevent detection 31.11. September 1, 2013. ORGANIZED RETAIL THEFT. 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. 399, 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. 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. (g)For the purposes of Subsection (a), a person is the owner of exotic livestock 37), Sec. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller or Acts 2011, 82nd Leg., R.S., Ch. (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. Acts 1973, 63rd Leg., p. 883, ch. 1 September 1, 2009. (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. 1, eff. Stay up-to-date with how the law affects your life. September 1, 2009. The term includes an automated banking machine. Aug. 28, 1995; Acts 1999, 76th Leg., ch. or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide DEFINITIONS Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. 55 - Financial Abuse of Elderly Individual, Tex. Added by Acts 2017, 85th Leg., R.S., Ch. THEFT OF SERVICE. general has concurrent jurisdiction with that consenting local prosecutor to prosecute Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. (10) "Elderly individual" has the meaning assigned by Section 22.04(c). 2, eff. In Texas, theft can be charged as a misdemeanor or a felony depending on the value of the property stolen. or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 2, 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. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 128 (S.B. September 1, 2009. Cite this article: FindLaw.com - Texas Penal Code - PENAL 31.03. 2482), Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (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. (9) "Used or secondhand motor vehicle" means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code. Jan. 1, 1974. UNAUTHORIZED USE OF A VEHICLE. 3, eff. Acts 2009, 81st Leg., R.S., Ch. (2) committed the offense for remuneration, in which event the offense is a Class A misdemeanor, unless it is also shown on the trial of the offense that the actor has been previously convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor with a minimum fine of $2,000 and a minimum term of confinement of 180 days. 31.13. 2524), Sec. Added by Acts 2011, 82nd Leg., R.S., Ch. (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. a certificate of title showing that the motor vehicle is not subject to a lien or 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. MANUFACTURE, DISTRIBUTION, OR ADVERTISEMENT OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. Sec. 304 (H.B. 1, eff. (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; Pen. Acts 1973, 63rd Leg., p. 883, ch. is: (5)a felony of the third degree if the value of the property stolen is $30,000 or Failure to prove the element of value will make it impossible for the prosecutor to convict you of a felony theft charge. (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. 419, Sec. Sept. 1, 1999. (B) tangible or intangible personal property including anything severed from land; or. actor received the motor vehicle, not later than the 20th day after the date the actor Sept. 1, 1989; Acts 1989, 71st Leg., ch. (7)a felony of the first degree if the value of the property stolen is $300,000 or Jan. 1, 1974. 1, eff. Section 228b). (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 Sept. 1, 2003; Acts 2003, 78th Leg., ch. 14, Sec. 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. (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. is an automated teller machine or the contents or components of an automated teller You be charged with identity theft for stealing any of the following information: Another person's name Fingerprints Date of birth Social Security Number (c) An offense under Subsection (b)(1) is a Class B misdemeanor. While legislators continue to fight for felony charges for dog thefts, as of 2020, dogs were not a special class of property in Texas. 1, eff. 1234 (S.B. (6)Wholesale distributor of prescription drugs means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. (i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. 2482), Sec. 323 (H.B. V.T.C.A., Transportation Code 520.031 et seq. (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. (2) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code. (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. (B) return the property to the owner within 10 days after receiving the demand for return of the property. (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. September 1, 2019. (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. September 1, 2011. (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. Code 32.55. 10, eff. (b) A person commits an offense if, with the intent to use the instrument to commit theft, the person: (1) possesses a shielding or deactivation instrument; or. (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; September 1, 2015. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 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. Sec. or other official number capable of identifying an individual; (5)stolen property does not lose its character as stolen when recovered by any law (j) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the state Medicaid program. commit the offense or an opportunity to engage in conduct constituting the offense; Added by Acts 1995, 74th Leg., ch. 31.09. TAMPERING WITH IDENTIFICATION NUMBERS. (B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo. 120 (S.B. Jan. 1, 1974. 323 (H.B. This means that a person charged with theft may face a less severe punishment when compared to the . THEFT OF TRADE SECRETS. Acts 2009, 81st Leg., R.S., Ch. Class B misdemeanor for theft of property from $100 . (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. 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. (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. Acts 2017, 85th Leg., R.S., Ch. (d) If it is shown on the trial of an offense under this section that the appropriated mail contained an item of identifying information and the actor committed the offense with the intent to facilitate an offense under Section 32.51, an offense under this section is: (1) a state jail felony if the mail is appropriated from fewer than 10 addressees; (2) a felony of the third degree if the mail is appropriated from at least 10 but fewer than 20 addressees; (3) a felony of the second degree if the mail is appropriated from at least 20 but fewer than 50 addressees; or. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 821), Sec. September 1, 2009. 1251 (H.B. received the motor vehicle, the registration license receipt and certificate of title the actor of stolen property that the property has been previously stolen from another 3, eff. (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. (7) "Steal" means to acquire property or service by theft. September 1, 2011. 1251 (H.B. Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, 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 pledgor has the right to possess the property. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. - Regular Session . COMPUTATION OF AGE Sec. (A) to withhold property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the property is lost to the owner; (B) to restore property only upon payment of reward or other compensation; or. 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. (9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. pesticide is presumed to know on receipt by the actor of the pesticide or compound, (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. 1, eff. (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. (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). 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 2, eff. 11, eff. 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