(2)State-limited-use pesticide means a pesticide classified as a state-limited-use pesticide by the Department 565, Sec. 31.14. (B) has made fewer than three complete payments under the agreement. Acts 2007, 80th Leg., R.S., Ch. impulses to a financial institution or through the recording of electronic impulses September 1, 2009. 3097), Sec. Added by Acts 2007, 80th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. by any law enforcement agent to the actor as being stolen and the actor appropriates (B) to acquire or otherwise exercise control over property other than real property. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. Sec. 338 (H.B. 724, Sec. 109, Sec. Sept. 1, 1985; Acts 1987, 70th Leg., ch. (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. 858, Sec. (C) fails on receipt of a motor vehicle to immediately remove an unexpired license plate from the motor vehicle, to keep the plate in a secure and locked place, or to maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, of license plates kept under this paragraph, including for each plate or set of plates the license plate number and the make, motor number, and vehicle identification number of the motor vehicle from which the plate was removed; (7) an actor who purchases or receives a used or secondhand motor vehicle is presumed to know on receipt by the actor of the motor vehicle that the motor vehicle has been 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 who sold or delivered the motor vehicle to the actor to deliver to the actor a properly executed certificate of title to the motor vehicle at the time the motor vehicle was delivered; or. 21, eff. The punishment range for a State Jail Felony is: Six Months to Two years in the State Jail, Day for Day; and, A Fine Up to $10,000. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Theft is a Class C misdemeanor if the property stolen is worth less than $100. (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. (a) A person commits an offense if he intentionally or knowingly operates another's boat, airplane, or motor-propelled vehicle without the effective consent of the owner. 821), Sec. 1251 (H.B. 31.06. pesticide is presumed to know on receipt by the actor of the pesticide or compound, Sept. 1, 2001; Acts 2003, 78th Leg., ch. EFFECT OF CODE Sec. September 1, 2011. (3) communicates or transmits a trade secret. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. the actor to the crime, but the actor's knowledge or intent may be established by Acts 2017, 85th Leg., R.S., Ch. Pen. 31.18. the uncorroborated testimony of the accomplice; (3)an actor engaged in the business of buying and selling used or secondhand personal THEFT. 1, eff. 843, Sec. 1, eff. 15.001, eff. (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. September 1, 2009. (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. 1, eff. (4)Automated teller machine means an unstaffed electronic information processing device that, at the request THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. (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. (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. Acts 2009, 81st Leg., R.S., Ch. (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. (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. Acts 2017, 85th Leg., R.S., 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. 323, Sec. Amended by Acts 1983, 68th Leg., p. 2920, ch. (2) knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument. 399, Sec. The statute defines theft as unlawfully appropriating property with the intent to deprive the owner of the property. September 1, 2013. Acts 2011, 82nd Leg., R.S., Ch. 858, Sec. (6)Wholesale distributor of prescription drugs means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. of license plates kept under this paragraph, including for each plate or set of plates listed in the rules adopted under that section (4 TAC Section 7.24) as that section existed on that date. (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 Sept. 1, 2001; Acts 2003, 78th Leg., ch. 3, eff. 318, Sec. The Texas Penal Code defines theft as taking someone else's property without consent, either by deception or by physically stealing it. Section 228b), that obtains livestock from a commission merchant by representing that the actor May 23, 2009. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. ORGANIZED RETAIL THEFT. Added by Acts 2015, 84th Leg., R.S., Ch. 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. 3J.01, eff. is: (5)a felony of the third degree if the value of the property stolen is $30,000 or (i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. Sept. 1, 1997; Acts 1997, 75th 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. 4, 5, eff. OBJECTIVES OF CODE Sec. 900, Sec. Contact us. 304 (H.B. 2482), Sec. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed Absent these criteria, the offense is charged as a misdemeanor. Sec. September 1, 2009. (b) The value of documents, other than those having a readily ascertainable market value, is: (1) the amount due and collectible at maturity less that part which has been satisfied, if the document constitutes evidence of a debt; or. Added by Acts 2019, 86th Leg., R.S., Ch. SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. 1245, Sec. Sept. 1, 1999. (e) An offense described for purposes of punishment by Subsection (d)(1), (2), or (3) is increased to the next higher category of offense if it is shown on the trial of the offense that at the time of the offense the actor knew or had reason to believe that an addressee from whom the actor appropriated mail was a disabled individual or an elderly individual. (C)the property stolen is a driver's license, commercial driver's license, or personal 105 (H.B. Acts 2009, 81st Leg., R.S., Ch. September 1, 2013. receipt, or transfer document as required by Chapter 683, Transportation Code, or Sept. 1, 2003. Jan. 1, 1974. (2) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code. Stay up-to-date with how the law affects your life. or. (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. delivered, a complete description of the part, and the vehicle identification number Sec. 139 (S.B. Sept. 1, 1995. 2, 3, eff. (e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. (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. Amended by Acts 1977, 65th Leg., p. 1138, ch. Pen. 342, Sec. 2, eff. 1, eff. (7)a felony of the first degree if the value of the property stolen is $300,000 or 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 September 1, 2017. (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. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. Added by Acts 2011, 82nd Leg., R.S., Ch. 432, Sec. 31.10. (B)fails to file with the county tax assessor-collector of the county in which the Packers and Stockyards Act (7 U.S.C. 4, eff. 1.01, eff. Added by Acts 2001, 77th Leg., ch. of the offense by a retail theft detector. 1178), Sec. The term includes an automated banking machine. actor received the motor vehicle, not later than the 20th day after the date the actor Acts 1973, 63rd Leg., p. 883, ch. delivered; or. 1, eff. 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. 257, Sec. 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. September 1, 2015. the property believing it was stolen by another. actor's custody, possession, or control by virtue of the contractual relationship; 5.01(a)(45), eff. (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. Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. Acts 1973, 63rd Leg., p. 883, ch. (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 September 1, 2009. (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. Acts 1973, 63rd Leg., p. 883, ch. Aug. 28, 1995; Acts 1999, 76th Leg., ch. 32.53. Sept. 1, 2003. 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. (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 (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. (a) In this section, "petroleum product" means crude oil, natural gas, or condensate. 900, Sec. 349, Sec. (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. MAIL THEFT. Acts 2013, 83rd Leg., R.S., Ch. 298, Sec. pledgor has the right to possess the property. stolen by another; or. the license plate number and the make, motor number, and vehicle identification number 565, Sec. Not 101(a)(43)(F) crime of violence - as defined by 18 USC 16 as no substantial risk force would be used (16(b)). A class B misdemeanor is punishable by a maximum 180-day county jail term, $2,000 fine, or both (Texas Penal Code Ann. of showing knowledge or intent and the issues of knowledge or intent are raised by Sept. 1, 1999. CONSOLIDATION OF THEFT OFFENSES. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. (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. (7) "Steal" means to acquire property or service by theft. having an aggregate value of less than $150,000; or. (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. 31.04. 694), Sec. (b) An offense under this section is a state jail felony. A person who steals a vehicle worth between $2,500 and $30,000 commits a state jail felony, punishable by a fine of up to $10,000 and between 180 days and two years in jail. An offense under Subsection (b)(2) is a Class A misdemeanor. Acts 2011, 82nd Leg., R.S., Ch. 1.01, eff. 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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 31.03. (2) "Credit card" and "debit card" have the meanings assigned by Section 32.31. Sec. 55 - Financial Abuse of Elderly Individual, Tex. (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. 1466), Sec. Acts 2015, 84th Leg., R.S., Ch. Sec. (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. will make prompt payment is presumed to have induced the commission merchant's consent (B) tangible or intangible personal property including anything severed from land; or. (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. 30.237, eff. 1, eff. 1, eff. 1215), Sec. (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. (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. 165, Sec. (g)For the purposes of Subsection (a), a person is the owner of exotic livestock September 1, 2011. (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. Code 32.55. or other indicia of a transaction for delayed transmission to a financial institution. Amended by Acts 1999, 76th Leg., ch. (9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. Theft does not only have to be direct taking of another's property. offense to actually commit the offense. (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). 734, Sec. Sec. Sept. 1, 1997. Under Texas Penal Code 22.04 (a), a person commits the offense of injury to a child, elderly individual, or disabled individual if they cause a serious bodily injury, serious mental deficiency, impairment, or injury, or bodily injury to a child, elderly individual, or disabled individual. 11, eff. election; or. mixture, or preparation that the pesticide or compound, mixture, or preparation has 128 (S.B. MANUFACTURE, DISTRIBUTION, OR ADVERTISEMENT OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. 1.08. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 31.08. 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 (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; 3J.02, eff. "A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". Sec. 1, eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, ch. 1, 2, eff. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. Sec. 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