(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. 1, eff. You be charged with identity theft for stealing any of the following information: Another person's name Fingerprints Date of birth Social Security Number (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. 900, Sec. delivered; or. 887), Sec. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. enforcement agency; (6)an actor engaged in the business of obtaining abandoned or wrecked motor vehicles (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. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. pledgor has the right to possess the property. TAMPERING WITH IDENTIFICATION NUMBERS. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. the delivery, the license plate number of the motor vehicle in which the part was POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. 1, eff. 1.01, 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. (2) knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument. September 1, 2011. Sept. 1, 1994. Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, ch. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, 2.136, eff. 4, eff. 900, Sec. 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). $750-$2,500: Class A misdemeanor punishable by one year of jail time and a fine of up to $4,000. is: (5)a felony of the third degree if the value of the property stolen is $30,000 or 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. 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 (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; 165, Sec. (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 (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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 31.08. Sept. 1, 1999. (2) "Encrypted, encoded, scrambled, or other nonstandard signal" means any type of signal or transmission not intended to produce an intelligible program or service without the use of a device, signal, or information provided by a multichannel video or information services provider. Section 152.175) and in effect on that date. 399, Sec. 348), Sec. 599, Sec. (d-3) For purposes of Subsection (a)(4): (1) if the compensation is or was to be paid on a periodic basis, the intent to avoid payment for a service may be formed at any time during or before a pay period; (2) the partial payment of wages alone is not sufficient evidence to negate the actor's intent to avoid payment for a service; and. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 338 (H.B. (d) For purposes of Subsection (c), the total value of the cargo involved in the activity includes the value of any vehicle stolen or damaged in the course of the same criminal episode as the conduct that is the subject of the prosecution. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 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.". (2) making or causing a connection to be made with, or drilling or tapping or causing a hole to be drilled or tapped in, a pipe, pipeline, or tank used to store or transport a petroleum product. 10, eff. 1, eff. (2) if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the theft. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. Acts 2017, 85th Leg., R.S., 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. 1.01, eff. 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. or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide (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. 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. 1, eff. 31.04. Failure to prove the element of value will make it impossible for the prosecutor to convict you of a felony theft charge. Sept. 1, 1997; Acts 2003, 78th Leg., ch. Amended by Acts 1993, 73rd 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. (d) If the actor proves by a preponderance of the evidence that he gave consideration for or had a legal interest in the property or service stolen, the amount of the consideration or the value of the interest so proven shall be deducted from the value of the property or service ascertained under Subsection (a), (b), or (c) to determine value for purposes of this chapter. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise. Title 7 - OFFENSES AGAINST PROPERTY. Current as of April 14, 2021 | Updated by FindLaw Staff. Amended by Acts 1975, 64th Leg., p. 914, ch. 323, Sec. 32.53. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Theft is a Class A misdemeanor if the goods stolen . Sept. 1, 1983; Acts 1991, 72nd Leg., ch. Sept. 1, 2001. 55, see flags on bad law, and search Casetext's comprehensive legal database PENAL CODE. 858, Sec. 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. It is the express intent of this provision that the presumption arises unless the 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, or other official number capable of identifying an individual; (5) stolen property does not lose its character as stolen when recovered by any law enforcement agency; (6) an actor engaged in the business of obtaining abandoned or wrecked motor vehicles or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, rebuilding, demolition, or other form of salvage is presumed to know on receipt by the actor of stolen property that the property has been previously stolen from another if the actor knowingly or recklessly: (A) fails to maintain an accurate and legible inventory of each motor vehicle component part purchased by or delivered to the actor, including the date of purchase or delivery, the name, age, address, sex, and driver's license number of the seller or person making the delivery, the license plate number of the motor vehicle in which the part was delivered, a complete description of the part, and the vehicle identification number of the motor vehicle from which the part was removed, or in lieu of maintaining an inventory, fails to record the name and certificate of inventory number of the person who dismantled the motor vehicle from which the part was obtained; (B) fails on receipt of a motor vehicle to obtain a certificate of authority, sales receipt, or transfer document as required by Chapter 683, Transportation Code, or a certificate of title showing that the motor vehicle is not subject to a lien or that all recorded liens on the motor vehicle have been released; or. 167, Sec. (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 (F) the value of the property stolen is less than $20,000 and the property stolen is: (5) a felony of the third degree if the value of the property stolen is $30,000 or 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 having an aggregate value of less than $150,000; or. Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 1, eff. TERRITORIAL JURISDICTION Sec. 13, eff. September 1, 2013. Added by Acts 1995, 74th Leg., ch. 203, Sec. Acts 2017, 85th Leg., R.S., Ch. DEFINITIONS. 1, eff. 11, eff. (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. Acts 2009, 81st Leg., R.S., Ch. A person is reckless when he is aware of but consciously disregards a substantial and unjustifiable risk that the result will occur. 31.20 Texas Penal Code - PENAL 31.20. 1, eff. (7) "Steal" means to acquire property or service by theft. Jan. 1, 1974. September 1, 2015. September 1, 2009. 4, 5, eff. 887), Sec. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Amended by Acts 1999, 76th Leg., ch. 694), Sec. Sec. 548), Sec. 1, 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. who sold or delivered the motor vehicle to the actor to deliver to the actor a properly 1466), Sec. Sept. 1, 2003. (c) An offense under this section is a felony of the third degree. 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 (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. Sept. 1, 1994. Texas Penal Code - PENAL 32.51. - Regular Session . MAIL THEFT. Theft in Texas is defined as an individual unlawfully taking property with the intent of depriving the owner of the property permanently. (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. 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. Aug. 28, 1995; Acts 1999, 76th Leg., ch. (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. (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. 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. 31.02. (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. Contact Our Texas Theft Defense Attorneys! September 1, 2007. Start: Jan 22, 2023 Get Offer Offer Acts 2009, 81st Leg., R.S., Ch. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. GENERAL PROVISIONS Sec. Pen. The consequences of theft vary and are primarily dependent on the value of the property taken. (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04. 342, Sec. 134.001). 1, eff. (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. 9, eff. 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) In Texas, prosecutors typically charge auto theft under Penal Code Section 31.07, Unauthorized Use of a Motor Vehicle, which is a State Jail Felony. 10, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 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 . 1871), Sec. 558, Sec. inventory, fails to record the name and certificate of inventory number of the person 1251 (H.B. 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. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 1396), Sec. 31.09. executed certificate of title to the motor vehicle at the time the motor vehicle was Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. September 1, 2011. (c) For purposes of Subsections (a)(4), (b)(2), (b)(4), and (b)(5), notice must be: (A) registered or certified mail with return receipt requested; or. 1 (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. September 1, 2017. 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. 2, eff. 3, eff. Jan. 1, 1974. (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; (B) to acquire or otherwise exercise control over property other than real property. property, or lending money on the security of personal property deposited with the Penalties for different types of theft in Texas include: Less than $50, or less than $20 by check: A Class C misdemeanor, with a fine of up to $500. By one year of jail time and a fine of up to $ 4,000 the motor vehicle to actor! Record the name and certificate of inventory number of the property permanently effect on date... 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