September 1, 2017. (7) a felony of the first degree if the value of the property stolen is $300,000 or more. September 1, 2009. The consequences of theft vary and are primarily dependent on the value of the property taken. 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. 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. (1) a state jail felony if the total value of the cargo involved in the activity is $1,500 or more but less than $10,000; (2) a felony of the third degree if the total value of the cargo involved in the activity is $10,000 or more but less than $100,000; (3) a felony of the second degree if the total value of the cargo involved in the activity is $100,000 or more but less than $200,000; or. (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. 1, eff. 2482), Sec. been convicted of any grade of theft; or. Texas Statutes Penal Code Title 7 Chapter 30 Section 30.02 Texas Penal Code Sec. 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. 323 (H.B. 31.18. 15.001, eff. (C) a document, including money, that represents or embodies anything of value. 12, eff. September 1, 2011. Stay up-to-date with how the law affects your life. 1, eff. 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 (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. (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. Section 152.175) and in effect on that date. Sec. (a)A person commits an offense if he unlawfully appropriates property with intent 2482), Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. The victim can collect actual damages plus up to $1,000.00 against an individual, or up to $5,000.00 against the parents or guardians of a minor (Sec. 1, eff. September 1, 2015. 323, Sec. (c) An offense under Subsection (b)(1) is a Class B misdemeanor. (2) knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument. 323, Sec. 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. Sept. 1, 1985; Acts 1985, 69th Leg., ch. Added by Acts 1995, 74th Leg., ch. 753, Sec. VALUE. 1219 (S.B. 1.03. 1396), Sec. Acts 2011, 82nd Leg., R.S., Ch. THEFT OF SERVICE. 1178), Sec. Sept. 1, 2001. 128 (S.B. (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. Texas Penal Code Sec. 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 to deprive the owner of property. Sept. 1, 1999. 1.04. 31.10. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller or ORGANIZED RETAIL THEFT. (1) a state jail felony if the total value of the petroleum product appropriated is less than $10,000; (2) a felony of the third degree if the total value of the petroleum product appropriated is $10,000 or more but less than $100,000; (3) a felony of the second degree if the total value of the petroleum product appropriated is $100,000 or more but less than $300,000; or. 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 . (TX Penal Code Ann 6.03(c)) Matter of Franklin , 20 I&N Dec. 867(BIA1994) No. 31.01. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed Sept. 1, 1989; Acts 1989, 71st Leg., ch. 191, Sec. Copyright 2023, Thomson Reuters. (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. (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. 1, eff. 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; A person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section . 2.136, eff. 1.02. 31.12. Sec. 1, eff. Added by Acts 2017, 85th Leg., R.S., 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. Pen. Chapter 32 - FRAUD Tex. 1.01, eff. Failure to prove the element of value will make it impossible for the prosecutor to convict you of a felony theft charge. (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. (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. (b) An offense under this section is a state jail felony. THEFT. September 1, 2017. 933 (H.B. 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. Sept. 1, 1994; Acts 1995, 74th Leg., ch. (a) (1) A certified peace officer shall have their certification revoked if the person is or has become ineligible to hold office as a peace officer pursuant to Section 1029 of the Government Code. 31.05. (B) to acquire or otherwise exercise control over property other than real property. Amended by Acts 1983, 68th Leg., p. 4525, ch. ACTOR'S INTEREST IN PROPERTY. Acts 1973, 63rd Leg., p. 883, ch. (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04. 1466), Sec. Acts 2011, 82nd Leg., R.S., Ch. 3J.02, eff. of a user, performs a financial transaction through the direct transmission of electronic 1.01, eff. (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 stolen by another; or (3) 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.". (C)the property stolen is a driver's license, commercial driver's license, or personal FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. CONSOLIDATION OF THEFT OFFENSES. (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 been convicted of any grade of theft; or. (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. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1024), Sec. part purchased by or delivered to the actor, including the date of purchase or delivery, 4, eff. (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 stolen by another; or (C)fails to obtain a signed warranty from the seller or pledgor that the seller or Sept. 1, 1997; Acts 2001, 77th Leg., ch. (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. If found guilty of a Class C misdemeanor, the offender faces a maximum fine of $500. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 900, Sec. Sept. 1, 1999. DEFINITIONS Sec. Tex. Texas Penal Code - PENAL 32.51. Sec. than, but similar to, that which the prosecution is based is admissible for the purpose 1251 (H.B. Acts 1973, 63rd Leg., p. 883, ch. 349, Sec. 32.53. 3, eff. 543, Sec. 399, Sec. It is no defense to prosecution under this chapter that the actor has an interest in the property or service stolen if another person has the right of exclusive possession of the property. 4, 5, eff. impulses to a financial institution or through the recording of electronic impulses 30.238, 31.01(69), eff. $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. (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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Code 32.55. maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, Theft (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (f) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. 3, eff. (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. more. 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. The punishment for a class A misdemeanor can include a fine of no more than $4,000, imprisonment for no more than one year, or both. 11, 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. OFFENSES AGAINST PROPERTY CHAPTER 31. (d-1) For purposes of Subsection (a)(2), the diversion of services to the benefit of a person who is not entitled to those services includes the disposition of personal property by an actor having control of the property under an agreement described by Subsections (d-2)(1)-(3), if the actor disposes of the property in violation of the terms of the agreement and to the benefit of any person who is not entitled to the property. September 1, 2017. the actor of stolen property that the property has been previously stolen from another You don't have to keep the property for it to be considered theft, but only long enough to deprive the owner of its value. 113, Sec. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2007. UNAUTHORIZED USE OF A VEHICLE. MANUFACTURE, DISTRIBUTION, OR ADVERTISEMENT OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. Sept. 1, 1994. 1 734, Sec. (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 For purposes of Subsections (b)(4)(A) and (B) and (b)(5), if written notice is given in accordance with Subsection (c), it is presumed that the notice was received not later than five days after the notice was sent. 139 (S.B. Sec. number of the seller or pledgor; (B)fails to record a complete description of the property, including the serial number, 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. September 1, 2011. Added by Acts 1999, 76th Leg., ch. 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. Acts 2017, 85th Leg., R.S., Ch. (e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. (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. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. Amended by Acts 1999, 76th Leg., ch. (B) return the property to the owner within 10 days after receiving the demand for return of the property. WebRead Section 32. Sec. (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. 1, eff. Start: Jan 22, 2023 Get Offer Offer The term includes an automated banking machine. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. (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. $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 1396), Sec. 1, eff. 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) 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. 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