(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 2, eff. (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. (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. 1, eff. of the motor vehicle from which the part was removed, or in lieu of maintaining an 4, eff. 734, Sec. 3, eff. Added by Acts 2019, 86th Leg., R.S., Ch. a motor vehicle subject to Chapter 501, Transportation Code) that the property has (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. (1)Restricted-use pesticide means a pesticide classified as a restricted-use pesticide by the administrator (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) 429, Sec. if reasonably available, or other identifying characteristics; or. inventory, fails to record the name and certificate of inventory number of the person 432, Sec. Sec. Section 228b). September 1, 2009. (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. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (10) "Elderly individual" has the meaning assigned by Section 22.04(c). Sept. 1, 1995; Acts 1997, 75th Leg., ch. the license plate number and the make, motor number, and vehicle identification number Consent is not effective if: (B) given by a person the actor knows is not legally authorized to act for the owner; (C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable property dispositions; (D) given solely to detect the commission of an offense; or. (7) a felony of the first degree if the value of the property stolen is $300,000 or more. 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. (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. Sept. 1, 2001; Acts 2003, 78th Leg., ch. THEFT OF SERVICE. 976 (S.B. 198, Sec. 55, see flags on bad law, and search Casetext's comprehensive legal database PENAL CODE. 1, eff. Contact Our Texas Theft Defense Attorneys! 342, Sec. Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. 349, 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. Acts 1973, 63rd Leg., p. 883, ch. (4) the actor intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make full payment after receiving notice demanding payment. 1, eff. 901, Sec. Pen. 31.20 Texas Penal Code - PENAL 31.20. 1274 (H.B. If the value of the property stolen is worth $100 or more, but less than $750, it's a Class B misdemeanor. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller or of a user, performs a financial transaction through the direct transmission of electronic Texas Penal Code Section 30.02 - Burglary WebTexas Penal Code Sec. 3, eff. that: (1)the actor was a public servant at the time of the offense and the property appropriated (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. 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. (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. Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. 3584), Sec. 1, eff. Texas Penal Code - PENAL 32.51. 14, Sec. September 1, 2009. September 1, 2015. 295 (H.B. (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. 165, Sec. (B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo. or evidence of title delivered to the actor in accordance with Subchapter D, Chapter (C)used a shielding or deactivation instrument to prevent or attempt to prevent detection 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. (c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property. 2, eff. September 1, 2011. 1, eff. 1, eff. (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. 1, eff. 741, Sec. All rights reserved. (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. Acts 2009, 81st Leg., R.S., Ch. (d) An offense described for purposes of punishment by Subsections (c)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that: (1) the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b); or. maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, 318, Sec. 1251 (H.B. TAMPERING WITH IDENTIFICATION NUMBERS. (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. 323 (H.B. Theft - last updated April 14, 2021 (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. 724, Sec. 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. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 31.11. (i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. 548), Sec. Acts 1973, 63rd Leg., p. 883, ch. Sec. This means that a person charged with theft may face a less severe punishment when compared to the . (c) An offense under Subsection (b)(1) is a Class B misdemeanor. When amounts are obtained in violation of this chapter pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the amounts aggregated in determining the grade of the offense. (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. Appropriate charges based on property value according to Texas Penal Code 31 include: Class C misdemeanor for theft of property up to $100 in value: $500 fine. Amended by Acts 1999, 76th Leg., ch. September 1, 2019. commit the offense, but would not encourage a person not predisposed to commit the 10, eff. 1 THEFT OF TRADE SECRETS. (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. 2, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. While legislators continue to fight for felony charges for dog thefts, as of 2020, dogs were not a special class of property in Texas. Amended by Acts 1991, 72nd Leg., ch. (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. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. (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. (3) communicates or transmits a trade secret. Acts 2011, 82nd Leg., R.S., Ch. (F)the value of the property stolen is less than $20,000 and the property stolen 4, eff. government at the time of the offense and the property appropriated came into the 1, eff. 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 Acts 2015, 84th Leg., R.S., Ch. 1.01. (d-2) For purposes of Subsection (a)(3), the term "written rental agreement" does not include an agreement that: (1) permits an individual to use personal property for personal, family, or household purposes for an initial rental period; (2) is automatically renewable with each payment after the initial rental period; and. Section 228b), that obtains livestock from a commission merchant by representing that the actor 1, eff. September 1, 2009. 1, eff. 565, Sec. property, or lending money on the security of personal property deposited with the (3) "Mail" means a letter, postal card, package, bag, or other sealed article that: (A) is delivered by a common carrier or delivery service and not yet received by the addressee; or. Today, most theft crimes in Texas are consolidated under Texas Penal Code 31.03, including theft by conversion. (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. A class B misdemeanor is punishable by a maximum 180-day county jail term, $2,000 fine, or both (Texas Penal Code Ann. (3)the actor was solicited to commit the offense by a peace officer, and the solicitation 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 4, eff. 1, eff. (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. 31.04 Theft of Service (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) At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (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. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (c) An offense under this section is a Class A misdemeanor. 2, 3, eff. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. "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. 1, eff. 843, Sec. September 1, 2007. (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). 1, eff. 128 (S.B. September 1, 2015. than, but similar to, that which the prosecution is based is admissible for the purpose (2) transfers to a third party information obtained as described by Subdivision (1). Sept. 1, 1985; Acts 1987, 70th Leg., ch. 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. | https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/. 1.01, eff. 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. 32.31 Credit Card or Debit Card Abuse (a) For purposes of this section: (1) "Cardholder" means the person named on the face of a credit card or debit card to whom or for whose benefit the card is issued. (B) has made fewer than three complete payments under the agreement. (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. 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. (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. the actor to the crime, but the actor's knowledge or intent may be established by (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. 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 . Added by Acts 1995, 74th Leg., ch. (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. 32.51 Fraudulent Use or Possession of Identifying Information (a) In this section: (1) "Identifying information" means information that alone or in conjunction with other information identifies a person, including a person's: (A) name and date of birth; (B) 1, eff. 5.01(a)(45), eff. 30.02 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 intent to commit a felony, theft, or an assault; or (2). Sept. 1, 1994; Acts 1997, 75th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1995. Sept. 1, 1994. will make prompt payment is presumed to have induced the commission merchant's consent 284(80), eff. 2, eff. 30.237, eff. 1.09. Acts 2009, 81st Leg., R.S., Ch. the delivery, the license plate number of the motor vehicle in which the part was Sec. rebuilding, demolition, or other form of salvage is presumed to know on receipt by Sec. public servant; (2)the actor was in a contractual relationship with government at the time of the The Texas Penal Code defines theft as taking someone else's property without consent, either by deception or by physically stealing it. 1.08. 120 (S.B. receipt, or transfer document as required by Chapter 683, Transportation Code, or 1.01, eff. 1396), Sec. Theft in Texas is defined as an individual unlawfully taking property with the intent of depriving the owner of the property permanently. 1, eff. 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