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.". 1251 (H.B. 105 (H.B. (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. (b) In this section, "device," "encrypted, encoded, scrambled, or other nonstandard signal," and "multichannel video or information services provider" have the meanings assigned by Section 31.12. (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, eff. CONSOLIDATION OF THEFT OFFENSES. 31.07. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 900, Sec. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. Texas Penal Code - PENAL 32.51. Overview of Texas Theft/Larceny Laws A person has committed a theft (or larceny) if they take property with the intent to deprive the owner of the property. September 1, 2011. Amended by Acts 1991, 72nd Leg., ch. (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; AGGREGATION OF AMOUNTS INVOLVED IN THEFT. Acts 2009, 81st Leg., R.S., Ch. 1, eff. (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. 1466), Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. (2) "Copy" means a facsimile, replica, photograph, or other reproduction of an article or a note, drawing, or sketch made of or from an article. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. pledgor has the right to possess the property. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. 1219 (S.B. 900, Sec. 821), Sec. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. (2) is employed as a driver lawfully contracted to transport a specific cargo by vehicle from a known point of origin to a known point of destination and, with the intent to conduct, promote, or facilitate an activity described by Subdivision (1), knowingly or intentionally: (A) fails to deliver the entire cargo to the known point of destination as contracted; or. Section 152.175) and in effect on that date. September 1, 2007. 2, eff. 12.22). 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Acts 2015, 84th Leg., R.S., Ch. Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. 31.11. that: (1)the actor was a public servant at the time of the offense and the property appropriated 1, eff. Sec. (2) knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument. (A) to bring about a transfer or purported transfer of title to or other nonpossessory interest in property, whether to the actor or another; or. Today, most theft crimes in Texas are consolidated under Texas Penal Code 31.03, including theft by conversion. (c) An offense under this section is a felony of the third degree. (g) For the purposes of Subsection (a), a person is the owner of exotic livestock 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. (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. 1, eff. or other indicia of a transaction for delayed transmission to a financial institution. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the 543, Sec. (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. 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. Acts 2011, 82nd Leg., R.S., Ch. (9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. 1, eff. 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. (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. by deception if the actor fails to make full payment in accordance with Section 409, 1, eff. commit the offense or an opportunity to engage in conduct constituting the offense; (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. of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient actor's custody, possession, or control by virtue of the contractual relationship; Current as of April 14, 2021 | Updated by FindLaw Staff. 15, eff. 2, 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. (a) If the actor obtained property or secured performance of service by issuing or passing a check or similar sight order for the payment of money, when the issuer did not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders then outstanding, it is prima facie evidence of the issuer's intent to deprive the owner of property under Section 31.03 (Theft) including a drawee or third-party holder in due course who negotiated the check or order or to avoid payment for service under Section 31.04 (Theft of Service) (except in the case of a postdated check or order) if: (1) the issuer had no account with the bank or other drawee at the time the issuer issued the check or sight order; or. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Stay up-to-date with how the law affects your life. Added by Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. Financial exploitation of the elderly is a criminal offense in Texas that has been in the statutes since 2011. Texas Penal Code Sec. OFFENSES AGAINST PROPERTY CHAPTER 31. 1, eff. 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)used a shielding or deactivation instrument to prevent or attempt to prevent detection Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1396), Sec. 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. the actor's plea of not guilty; (2)the testimony of an accomplice shall be corroborated by proof that tends to connect or. Sept. 1, 1995. (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. September 1, 2009. 128 (S.B. pledgor has the right to possess the property; and. INTRODUCTORY PROVISIONS CHAPTER 1. In Texas, theft can be charged as a misdemeanor or a felony depending on the value of the property stolen. (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 from sounding; or. executed certificate of title to the motor vehicle at the time the motor vehicle was 323 (H.B. pesticide is presumed to know on receipt by the actor of the pesticide or compound, Theft - last updated April 14, 2021 Acts 1973, 63rd Leg., p. 883, ch. (B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo. (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. (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. DEFINITIONS. 4, eff. (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. 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) This means that a person charged with theft may face a less severe punishment when compared to the . 13, eff. a motor vehicle subject to Chapter 501, Transportation Code) that the property has Code 32.55. 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). Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. September 1, 2015. $750-$2,500: Class A misdemeanor punishable by one year of jail time and a fine of up to $4,000. commit the offense, but would not encourage a person not predisposed to commit the 31.09. Wholesale distributor of prescription drugs. September 1, 2019. (C)fails to obtain a signed warranty from the seller or pledgor that the seller or THEFT OF SERVICE. maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, September 1, 2011. a pharmacy, clinic, hospital, nursing facility, or warehouse; or. 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. (1)evidence that the actor has previously participated in recent transactions other (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. part purchased by or delivered to the actor, including the date of purchase or delivery, Sept. 1, 1997; Acts 2001, 77th Leg., ch. (2) "Identifying information" has the meaning assigned by Section 32.51. Jan. 1, 1974. 4, eff. offense and the property appropriated came into the actor's custody, possession, or Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. 1, eff. ORGANIZED RETAIL THEFT. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. September 1, 2007. 419, Sec. | https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/. (3) acting with respect to a number assigned to a vehicle by the Texas Department of Transportation or the Texas Department of Motor Vehicles, as applicable, and the person was: (A) in the actual discharge of official duties as an employee or agent of the department; or. September 1, 2015. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. Sec. 1396), Sec. (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. 55, see flags on bad law, and search Casetext's comprehensive legal database PENAL CODE. Section 228b). U.S. v.Vargas . to deprive the owner of property. 1, eff. actor complies with each of the numbered requirements; (4)for the purposes of Subdivision (3)(A), identification number means driver's license number, military identification number, identification certificate, 1.02. This misdemeanor charge is the lowest misdemeanor classification level. (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. (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; (i)For purposes of Subsection (c)(9), livestock and commission merchant have the meanings assigned by Section 147.001, Agriculture Code. 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. 342, Sec. THEFT OF TRADE SECRETS. 4, eff. Example: Joe owns a pawn shop. 1.01, eff. (d) An offense under this section is a Class C misdemeanor unless it is shown on the trial of the offense that the actor: (1) has been previously convicted one time of an offense under this section, in which event the offense is a Class B misdemeanor, or convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor; or. (7)a felony of the first degree if the value of the property stolen is $300,000 or VALUE. 565, Sec. a certificate of title showing that the motor vehicle is not subject to a lien or been convicted of any grade of theft; 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. WebRead Section 32. Tex. 3J.02, eff. September 1, 2011. You be charged with identity theft for stealing any of the following information: Another person's name Fingerprints Date of birth Social Security Number Sept. 1, 1975; Acts 1985, 69th Leg., ch. Sec. 565, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. THEFT OF PETROLEUM PRODUCT. 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 2482), Sec. impulses to a financial institution or through the recording of electronic impulses Acts 2013, 83rd 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. 903 (H.B. Acts 2013, 83rd Leg., R.S., Ch. (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. $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 (2)State-limited-use pesticide means a pesticide classified as a state-limited-use pesticide by the Department (a) In this section, "petroleum product" means crude oil, natural gas, or condensate. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise. (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. 599, Sec. 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 SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. Sept. 1, 1994; Acts 1995, 74th Leg., ch. (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. 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) (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. September 1, 2009. receipt, or transfer document as required by Chapter 683, Transportation Code, or is: (5)a felony of the third degree if the value of the property stolen is $30,000 or inventory, fails to record the name and certificate of inventory number of the person (a)A person commits an offense if he unlawfully appropriates property with intent 1, 2, eff. 432, Sec. June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch. Packers and Stockyards Act (7 U.S.C. Theft may be taking property that the defendant already knows to be stolen by someone else. "A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". that all recorded liens on the motor vehicle have been released; or. 5.01(a)(45), eff. 2.136, eff. 11, eff. 1766), Sec. September 1, 2019. Sec. 324 (S.B. 31.20 Texas Penal Code - PENAL 31.20. 191, Sec. Jan. 1, 1974. the license plate number and the make, motor number, and vehicle identification number (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) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (9) "Used or secondhand motor vehicle" means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code. (d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. Not 101(a)(43)(F) crime of violence - as defined by 18 USC 16 as no substantial risk force would be used (16(b)). 2, eff. more. Pen. the actor to the crime, but the actor's knowledge or intent may be established by September 1, 2009. (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. (3)the actor was solicited to commit the offense by a peace officer, and the solicitation TERRITORIAL JURISDICTION Sec. (C)the property stolen is a driver's license, commercial driver's license, or personal 1, eff. (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 (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. 399, Sec. 753, Sec. an offense under this section that involves the state Medicaid program. 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 . State Jail Felony Theft Theft is a state jail felony if: 1396), Sec. THEFT Sec.A31.01.AADEFINITIONS. 31.19. Sept. 1, 1999; Acts 2001, 77th Leg., ch. It is the express intent of this provision that the presumption arises unless the 30. 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. 1251 (H.B. 1, eff. (3) "Effective consent" includes consent by a person legally authorized to act for the owner. (B) tangible or intangible personal property including anything severed from land; or. 1 5, eff. of the Environmental Protection Agency under 7 U.S.C. Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. 5, eff. (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 167, Sec. 858, Sec. 349, Sec. 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