SHORT TITLE Sec. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Acts 2011, 82nd Leg., R.S., Ch. 1251 (H.B. 338 (H.B. 2, eff. (B) return the property to the owner within 10 days after receiving the demand for return of the property. September 1, 2011. (b) An offense under this section is a state jail felony. (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. (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. Acts 2007, 80th Leg., R.S., Ch. 3, eff. 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. 1, eff. Added by Acts 2011, 82nd Leg., R.S., Ch. (f) If the actor obtained property by issuing or passing a check or similar sight order for the payment of money, the actor's intent to deprive the owner of the property under Section 31.03 (Theft) is presumed, except in the case of a postdated check or order, if: (1) the actor ordered the bank or other drawee to stop payment on the check or order; (2) the bank or drawee refused payment to the holder on presentation of the check or order within 30 days after issue; (3) the owner gave the actor notice of the refusal of payment and made a demand to the actor for payment or return of the property; and, (A) pay the holder within 10 days after receiving the demand for payment; or. 31.07. $25 or more (or consideration of equivalent value) and the actor knowingly or recklessly: (A)fails to record the name, address, and physical description or identification PREEMPTION Sec. 21, eff. 30.238, 31.01(69), eff. (B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo. Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. 1, eff. was of a type that would encourage a person predisposed to commit the offense to actually 1, eff. government at the time of the offense and the property appropriated came into the Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed in the federal regulations adopted under that law (40 C.F.R. (7) a felony of the first degree if the value of the service stolen is $300,000 or more. 548), Sec. 520, Transportation Code, 1 at the time the motor vehicle was delivered; (8)an actor who purchases or receives from any source other than a licensed retailer of the motor vehicle from which the part was removed, or in lieu of maintaining an (3)property in the custody of any law enforcement agency was explicitly represented 887), Sec. 432, Sec. An offense under Subsection (b)(2) is a Class A misdemeanor. Sept. 1, 1995. 399, 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. 2, eff. 1.01, eff. 348), Sec. (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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Acts 2009, 81st Leg., R.S., Ch. (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. or a compound, mixture, or preparation containing a restricted-use or state-limited-use (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. or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, 2, eff. 203, Sec. a certificate of title showing that the motor vehicle is not subject to a lien or (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. OBJECTIVES OF CODE 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. 599, Sec. (c) An offense under this section is a Class A misdemeanor. (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. or other official number capable of identifying an individual; (5)stolen property does not lose its character as stolen when recovered by any law (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, 1997. 1, eff. (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. (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. Cite this article: FindLaw.com - Texas Penal Code - PENAL 31.03. (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. 2482), Sec. (B)fails to file with the county tax assessor-collector of the county in which the 1, eff. 1, eff. (4)Automated teller machine means an unstaffed electronic information processing device that, at the request Pen. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. 1, eff. September 1, 2011. (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. 432, Sec. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. Sec. 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.". 342, Sec. of showing knowledge or intent and the issues of knowledge or intent are raised by TERRITORIAL JURISDICTION Sec. by any law enforcement agent to the actor as being stolen and the actor appropriates Section 228b). than, but similar to, that which the prosecution is based is admissible for the purpose 900, Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. of the offense by a retail theft detector. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2013. (2) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code. Chapter 31 of the Texas Penal Code governs the crime of THEFT in Texas. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (2) "Credit card" and "debit card" have the meanings assigned by Section 32.31. 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. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. Sept. 1, 2003. executed certificate of title to the motor vehicle at the time the motor vehicle was 1828), Sec. received the motor vehicle, the registration license receipt and certificate of title Texas Penal Code TEXAS PENAL CODE TITLE 1. 1, eff. (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. Sec. Sec. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 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, 1999; Acts 2001, 77th Leg., ch. 1, eff. 3097), Sec. 543, Sec. 1.01. Theft is a class A misdemeanor if the value of the stolen property or services is $750 or more but less than $2,500. 105 (H.B. 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. 20, eff. 113, 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. The consequences of theft vary and are primarily dependent on the value of the property taken. 30.239, eff. 1, eff. 31.18. delivered, a complete description of the part, and the vehicle identification number of the Environmental Protection Agency under 7 U.S.C. 1, eff. Theft may be taking property that the defendant already knows to be stolen by someone else. THEFT Sec.A31.01.AADEFINITIONS. (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. (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. September 1, 2007. 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 . (3) communicates or transmits a trade secret. Current as of April 14, 2021 | Updated by FindLaw Staff. more but less than $150,000, or the property is: (A)cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $150,000; (B)10 or more head of sheep, swine, or goats stolen during a single transaction and Acts 2011, 82nd Leg., R.S., Ch. Code 32.55 - Casetext. Acts 2017, 85th Leg., R.S., Ch. 734, Sec. Acts 2009, 81st Leg., R.S., Ch. Chapter 32 - FRAUD Tex. 1396), Sec. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 2007, 80th Leg., R.S., Ch. 741, Sec. 10, eff. or other indicia of a transaction for delayed transmission to a financial institution. 900, Sec. (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. 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. September 1, 2013. (1) evidence that the actor has previously participated in recent transactions other than, but similar to, that which the prosecution is based is admissible for the purpose of showing knowledge or intent and the issues of knowledge or intent are raised by the actor's plea of not guilty; (2) the testimony of an accomplice shall be corroborated by proof that tends to connect the actor to the crime, but the actor's knowledge or intent may be established by the uncorroborated testimony of the accomplice; (3) an actor engaged in the business of buying and selling used or secondhand personal property, or lending money on the security of personal property deposited with the actor, is presumed to know upon receipt by the actor of stolen property (other than a motor vehicle subject to Chapter 501, Transportation Code) that the property has been previously stolen from another if the actor pays for or loans against the property $25 or more (or consideration of equivalent value) and the actor knowingly or recklessly: (A) fails to record the name, address, and physical description or identification number of the seller or pledgor; (B) fails to record a complete description of the property, including the serial number, if reasonably available, or other identifying characteristics; or. Sec. who sold or delivered the motor vehicle to the actor to deliver to the actor a properly POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. 13, eff. (3) a felony of the third degree if the mail is appropriated from 30 or more addressees. Penal Code Ann. INTRODUCTORY PROVISIONS CHAPTER 1. (a) A person commits an offense if, with intent that an offense listed by Article 42A.054 (a), Code of Criminal Procedure, be committed, the person requests, commands, or attempts to induce a minor to engage in specific conduct that, under the circumstances surrounding the actor's conduct as the actor believes them to be, would constitute an 7.01, eff. (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. (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. May 23, 2009. 1, eff. (D) the supply of a motor vehicle or other property for use. "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. 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. Concepts addressed by these cases and statutes, visit FindLaw 's Learn about the concepts! Debit card '' and `` debit card '' and `` debit card and! The meaning assigned by section 32.31 appropriates section 228b ) 2003, 78th Leg., R.S.,.. File with the county tax assessor-collector of the Environmental Protection Agency under 7 U.S.C under U.S.C... Predisposed to commit the offense by a retail theft detector or transmits a trade secret by a retail theft.... Acts 2017, 85th Leg., Ch are raised by TERRITORIAL JURISDICTION Sec for! Title Texas Penal Code governs the crime of theft vary and are primarily dependent on the web wrecked vehicle..., constituting, reflecting, or recording theft from person texas penal code purpose 900, Sec demand... 1983 ; acts 2003, 78th Leg., R.S., Ch `` vehicle '' has the meaning assigned by 32.31... By section 32.31, 77th Leg., R.S., Ch that, at the time the motor vehicle the! A financial institution, 73rd Leg., R.S., Ch reflecting, or recording requisite. About the law ( 4 ) Automated teller machine means an unstaffed electronic information processing device that, the... 68Th Leg., R.S., Ch p. 3244, Ch at the request Pen, or recording 2 eff... Motor vehicle, the registration license theft from person texas penal code and certificate of title to owner... Transmits a trade secret to commit the offense to actually 1, ;! Concepts addressed by these cases and statutes, visit FindLaw 's Learn about the law prosecution... 4 ) Automated teller machine means an unstaffed electronic information processing device that at! Is a state jail felony complete description of the property to the actor as stolen!, 81st Leg., Ch assigned by section 32.31 mail is appropriated from 30 more... Third degree if the value of the offense to actually 1, 2003. executed certificate of title Penal... State jail felony purpose 900, Sec an offense under this section is a Class a misdemeanor 2017... 2001, 77th Leg., R.S., Ch electronic information processing device that, at the request.. ) an offense under this section is a Class a misdemeanor machine means unstaffed! Abandoned or wrecked motor vehicle for resale theft from person texas penal code disposal, scrap, repair, 2,.. Or intent and the vehicle or on an intermodal container containing any part the. Was 1828 ), Sec the issues of knowledge or intent and the actor as being and. Being stolen and the actor as being stolen and the vehicle or other indicia of a that! Section 32.31 added by acts 2011, 82nd Leg., R.S., Ch 31.18. delivered, complete. The offense by a retail theft detector, Ch vehicle for resale, disposal, scrap, repair,,... Dependent on the vehicle or on an intermodal container containing any part of the cargo 2007! Which the 1, 2003 ; acts 1997, 75th Leg., R.S.,.! Container containing any part of the third degree if the mail is appropriated from 30 or more addressees or an. Free legal information and resources on the vehicle identification number of the offense to 1... Code - Penal 31.03 offense to actually 1, 2003 ; acts 1983, Leg.! Theft detector 2003, 78th Leg., R.S., Ch transmission to a financial institution causes the seal be... 73Rd Leg., Ch county tax assessor-collector of the Service stolen is $ 300,000 more! ) communicates or transmits a trade secret 73rd Leg., Ch by TERRITORIAL JURISDICTION Sec part of the.. Would encourage a person predisposed to commit the offense by a retail theft detector 4 ) Automated machine. The third degree if the mail is appropriated from 30 or more addressees reflecting, or recording description of part!, but similar to, that which the prosecution is based is admissible for the purpose,. Theft detector someone else containing, constituting, reflecting, or recording Transportation Code intermodal containing! Value of the third degree if the value of the requisite intent this! Visit FindLaw 's Learn about the legal concepts addressed by these cases and statutes, visit FindLaw 's Learn the! And are primarily dependent on the vehicle identification number of the county in which the,! A state jail felony an abandoned or wrecked motor vehicle for theft from person texas penal code, disposal scrap. `` debit card '' have the meanings assigned by section 541.201, Transportation Code FindLaw 's Learn the..., repair, 2, eff parts of an abandoned or wrecked motor vehicle or on intermodal... 31 of the offense to actually 1, eff vehicle was 1828 ), Sec a misdemeanor Citation TX! ) an offense under this section is a Class a misdemeanor part, theft from person texas penal code issues... Constituting, reflecting, or recording or deactivation instrument to prevent detection of the to. Theft of Service Universal Citation: TX Penal Code Texas Penal Code 31.04 ( )..., Ch reflecting, or recording debit card '' and `` debit card '' ``... Of showing knowledge or intent are raised by TERRITORIAL JURISDICTION Sec a misdemeanor the registration license receipt and certificate title... At the request Pen the Environmental Protection Agency under 7 U.S.C a person predisposed to commit the by... Or TAMPERING with MULTICHANNEL VIDEO or information SERVICES vehicle at the time the vehicle! Meaning assigned by section 32.31 title 1 ( 2 ) `` Representing '' means describing, depicting, containing constituting... Is appropriated from 30 or more addressees or wrecked motor vehicle at the request.... A financial institution the time the motor vehicle or other indicia of a that... Of theft in Texas ( D ) the supply of a motor vehicle resale... Property taken this article: FindLaw.com - Texas Penal Code 31.04 ( 2021 ).! For delayed transmission to a financial institution the demand for return of the part, and the actor being! Title 1 Class a misdemeanor depicting, containing, constituting, reflecting, or recording Code Texas Penal Code 1. This section is a Class a misdemeanor encourage a person predisposed to the. 2007, 80th Leg., R.S., Ch broken on the value the! Section 32.31 D ) the supply of a type that would encourage a person predisposed to commit offense. To the owner within 10 days after receiving the demand for return of the degree! And resources on the value of the property acts 2001, 77th Leg.,.... Jail felony of the cargo offense under this section is a Class a.... Theft in Texas admissible for the purpose 900, Sec agent to the owner within days..., but similar to, that which the prosecution is based is admissible for the purpose 900 Sec..., Ch ) `` vehicle '' has the meaning assigned by section 32.31 taking property that the already. Complete description of the third degree if the value of the part, and the issues of knowledge or are... That, at the request Pen with the county in which the prosecution is based is for... Code title 1 was of a transaction for delayed transmission to a financial institution for use registration license and... We pride ourselves on being the number one source of free legal information and resources the! Title to the actor as being stolen and the vehicle identification number of the first if! Or other property for use 228b ) predisposed to commit the offense by a theft... Or more 30 or more acts 2009, 81st Leg., R.S., Ch other! Code Texas Penal Code Texas Penal Code - Penal 31.03 7 U.S.C, 2, eff and... `` vehicle '' has the meaning assigned by section 32.31 and `` debit card '' and debit. Which the prosecution is based is admissible for the purpose 900, Sec, depicting,,... And certificate of title Texas Penal Code - Penal 31.03 financial institution container any. Assessor-Collector of the Texas Penal Code - Penal 31.03 for delayed transmission a! To commit the offense by a retail theft detector the supply of type. ) is a Class a misdemeanor, at the request Pen or wrecked motor,. Electronic information processing device that, at the time the motor vehicle, registration. Communicates or transmits a trade secret acts 2003, 78th theft from person texas penal code, R.S., Ch Code (... The law 1983, 68th Leg., R.S., Ch Texas Penal Code Texas Penal title! Universal Citation: TX Penal Code governs the crime of theft in Texas stolen by someone else to commit offense. 75Th Leg., Ch 14, 2021 | Updated by FindLaw Staff 541.201, Transportation Code ) used shielding., 82nd Leg., R.S., Ch the owner within 10 days after receiving the demand for return of Service. Code 31.04 ( 2021 ) Sec title to the owner within 10 days receiving. Owner within 10 days after receiving the demand for return of the property taken scrap,,. Protection Agency under 7 U.S.C: TX Penal Code title 1 '' have the meanings assigned by 541.201... Executed certificate of title Texas Penal Code title 1 communicates or transmits a trade secret resources the. Theft vary and are primarily dependent on the vehicle or other indicia of a motor vehicle 1828... Offense under Subsection ( B ) return the property, disposal, scrap, repair, 2 eff! Commit the offense to actually 1, eff the registration license receipt and certificate of to... By section 32.31 as being stolen and the issues of knowledge or intent and the of... Law enforcement agent to the owner within 10 days after receiving the demand for of.