THEFT OF PETROLEUM PRODUCT. 671), Sec. 4, eff. 2482), Sec. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. impulses to a financial institution or through the recording of electronic impulses 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 13, eff. CARGO THEFT. the property believing it was stolen by another. 1, eff. is: (5)a felony of the third degree if the value of the property stolen is $30,000 or Theft is a Class A misdemeanor if the goods stolen . SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. 31.02. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Read the full Texas Code for more information. (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. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1, eff. GENERAL PROVISIONS Sec. (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. September 1, 2011. part purchased by or delivered to the actor, including the date of purchase or delivery, Sept. 1, 1994; Acts 1995, 74th Leg., ch. (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. who sold or delivered the motor vehicle to the actor to deliver to the actor a properly 1, eff. 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. Acts 2009, 81st Leg., R.S., Ch. of the motor vehicle from which the part was removed, or in lieu of maintaining an if the actor knowingly or recklessly: (A)fails to maintain an accurate and legible inventory of each motor vehicle component CONSTRUCTION OF CODE Sec. V.T.C.A., Transportation Code 520.031 et seq. Absent these criteria, the offense is charged as a misdemeanor. What is THEFT? (a) In this section, "petroleum product" means crude oil, natural gas, or condensate. Sept. 1, 1994; Acts 1995, 74th Leg., ch. September 1, 2017. 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 1.05. 1.08. 2, eff. Stay up-to-date with how the law affects your life. (ii)a vehicle owned or operated by a wholesale distributor of prescription drugs; (A)the value of the property stolen is $150,000 or more but less than $300,000; or, (B)the value of the property stolen is less than $300,000 and the property stolen Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1997. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. September 1, 2019. Added by Acts 2001, 77th Leg., ch. been convicted of any grade of theft; or. (d) An offense under this section is a Class A misdemeanor. 1, eff. (b) A person commits an offense if, without the owner's effective consent, he knowingly: (2) makes a copy of an article representing a trade secret; or. 2, eff. if reasonably available, or other identifying characteristics; or. 1766), Sec. 4, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. (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. 1, eff. Sept. 1, 2003. (C)the property stolen is a driver's license, commercial driver's license, or personal to the next higher category of offense if it is shown on the trial of the offense (c) An offense under this section is a Class A misdemeanor. 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. from sounding; or. or other indicia of a transaction for delayed transmission to a financial institution. 599, Sec. inventory, fails to record the name and certificate of inventory number of the person (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. 821), Sec. TERRITORIAL JURISDICTION Sec. 30. Pen. 295 (H.B. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. Sept. 1, 1995. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. (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. or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 933 (H.B. 565, Sec. Acts 2009, 81st Leg., R.S., Ch. 734, 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. Sec. 10, eff. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1.01, eff. Sec. A shipment is considered to be moving in commerce if the shipment is located at any point between the point of origin and the final point of destination regardless of any temporary stop that is made for the purpose of transshipment or otherwise. 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. 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. (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. Amended by Acts 1975, 64th Leg., p. 914, ch. is an automated teller machine or the contents or components of an automated teller Added by Acts 1995, 74th Leg., ch. 741, Sec. Tex. (c) Except as provided by Subsections (d) and (e), an offense under this section is: (1) a Class A misdemeanor if the mail is appropriated from fewer than 10 addressees; (2) a state jail felony if the mail is appropriated from at least 10 but fewer than 30 addressees; or. An offense under Subsection (b)(2) is a Class A misdemeanor. receipt, or transfer document as required by Chapter 683, Transportation Code, or 30.237, eff. 1215), Sec. September 1, 2011. will make prompt payment is presumed to have induced the commission merchant's consent 1282), Sec. plate from the motor vehicle, to keep the plate in a secure and locked place, or to (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. (7) "Steal" means to acquire property or service by theft. 141 (S.B. delivered; or. 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 at 32.53 (b). Acts 2009, 81st Leg., R.S., Ch. Jan. 1, 1974. (TX Penal Code Ann 6.03(c)) Matter of Franklin , 20 I&N Dec. 867(BIA1994) No. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. 1, eff. While legislators continue to fight for felony charges for dog thefts, as of 2020, dogs were not a special class of property in Texas. (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. 2482), Sec. What Qualifies as Identifying Information? that all recorded liens on the motor vehicle have been released; or. Acts 2017, 85th Leg., R.S., Ch. (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. 31.20. 1024), Sec. Amended by Acts 1999, 76th Leg., ch. offense to actually commit the offense. September 1, 2019. (i)For purposes of Subsection (c)(9), livestock and commission merchant have the meanings assigned by Section 147.001, Agriculture Code. MANUFACTURE, DISTRIBUTION, OR ADVERTISEMENT OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. (C) a document, including money, that represents or embodies anything of value. (e) For the purposes of this section, each connection, attachment, modification, or act of tampering is a separate offense. The term includes an automated banking machine. 399, Sec. 1153, Sec. 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 September 1, 2017. 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 Sec. THEFT OF SERVICE. Section 152.175) and in effect on that date. 976 (S.B. 31.12. 31.08. This means that a person charged with theft may face a less severe punishment when compared to the . 1178), Sec. (b) An offense under this section is a state jail felony. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 191, 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. 165, Sec. 558, Sec. 9, eff. In this chapter: (1)AA"Deception" means: (A)AAcreating 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; Added by Acts 1979, 66th Leg., p. 417, ch. (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. 1, eff. 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. (g)For the purposes of Subsection (a), a person is the owner of exotic livestock Sec. 1396), Sec. rebuilding, demolition, or other form of salvage is presumed to know on receipt by Theft of a vehicle worth less than $2,500 is a misdemeanor and any theft above that amount constitutes a felony. EFFECT OF CODE Sec. 1, eff. 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. to deprive the owner of property. Acts 2011, 82nd Leg., R.S., Ch. PENAL CODE TITLE 7. Acts 2009, 81st Leg., R.S., Ch. 1, eff. Packers and Stockyards Act (7 U.S.C. Texas Penal Code TEXAS PENAL CODE TITLE 1. 1, eff. 15.001, eff. Mail Theft 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. delivered, a complete description of the part, and the vehicle identification number Acts 2007, 80th Leg., R.S., Ch. 128 (S.B. 7.01, eff. (C)used a shielding or deactivation instrument to prevent or attempt to prevent detection Added by Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 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. the delivery, the license plate number of the motor vehicle in which the part was Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. enforcement agency; (6)an actor engaged in the business of obtaining abandoned or wrecked motor vehicles Amended by Acts 1977, 65th Leg., p. 1138, ch. (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. 323, Sec. 1.09. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 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. 1, eff. 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.". (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. Acts 2011, 82nd Leg., R.S., Ch. 1, 2, eff. 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. (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. 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