September 1, 2013. (c) This section does not prohibit the sale or lease of satellite receiving antennas that are otherwise permitted by state or federal law without providing notice to the comptroller. 31.16. (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. 900, Sec. GENERAL PROVISIONS Sec. 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. Amended by Acts 1975, 64th Leg., p. 914, ch. 976 (S.B. 901, Sec. was of a type that would encourage a person predisposed to commit the offense to actually $100-$750: Class B misdemeanor punishable by 180 days in jail and a fine up to $2,000. SHORT TITLE 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. (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. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 4, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. If the value of the property stolen is worth $100 or more, but less than $750, it's a Class B misdemeanor. 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. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. 1163), Sec. An offense under Subsection (b)(2) is a Class A misdemeanor. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Wholesale distributor of prescription drugs. 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. (13) "Shielding or deactivation instrument" means any item or tool designed, made, or adapted for the purpose of preventing the detection of stolen merchandise by a retail theft detector. 2, eff. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (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. (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). 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. 323, Sec. 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 the next higher category of offense if it is shown on the trial of the offense (b) It is an affirmative defense to prosecution under this section that the person was: (1) the owner or acting with the effective consent of the owner of the property involved; (2) a peace officer acting in the actual discharge of official duties; or. (B) a reasonable person in the position of the actor would have known that the serial number or other permanent identification marking has been removed, altered, or obliterated. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 2021, Texas Acts of the 87th Leg. WebRead Section 32. (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. Acts 2015, 84th Leg., R.S., Ch. (3) "Effective consent" includes consent by a person legally authorized to act for the owner. September 1, 2011. 31.09. Texas Penal Code - PENAL 32.51. (f) 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 enforcement agency, including the use of: (A) an undercover operative or peace officer; or, (2) the actor was provided by a law enforcement agency with a facility in which to commit the offense or with an opportunity to engage in conduct constituting the offense; or. 900, Sec. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. (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. Pen. 323 (H.B. (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. 671), Sec. PREEMPTION Sec. (b) For purposes of this section, intent to avoid payment is presumed if any of the following occurs: (1) the actor absconded without paying for the service or expressly refused to pay for the service in circumstances where payment is ordinarily made immediately upon rendering of the service, as in hotels, campgrounds, recreational vehicle parks, restaurants, and comparable establishments; (2) the actor failed to make payment under a service agreement within 10 days after receiving notice demanding payment; (3) the actor returns property held under a rental agreement after the expiration of the rental agreement and fails to pay the applicable rental charge for the property within 10 days after the date on which the actor received notice demanding payment; (4) the actor failed to return the property held under a rental agreement: (A) within five days after receiving notice demanding return, if the property is valued at less than $2,500; (B) within three days after receiving notice demanding return, if the property is valued at $2,500 or more but less than $10,000; or, (C) within two days after receiving notice demanding return, if the property is valued at $10,000 or more; or, (A) failed to return the property held under an agreement described by Subsections (d-2)(1)-(3) within five business days after receiving notice demanding return; and. 1, eff. 203, Sec. (e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Class B misdemeanor for theft of property from $100 . (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. is an automated teller machine or the contents or components of an automated teller 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; (6)Wholesale distributor of prescription drugs means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. (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. 323 (H.B. or other official number capable of identifying an individual; (5)stolen property does not lose its character as stolen when recovered by any law (3) the actor was solicited to commit the offense by a peace officer, and the solicitation was of a type that would encourage a person predisposed to commit the offense to actually commit the offense but would not encourage a person not predisposed to commit the offense to actually commit the offense. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 46 (S.B. (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. 2, 3, eff. 10, eff. 1.02. (7) a felony of the first degree if the value of the property stolen is $300,000 or more. While legislators continue to fight for felony charges for dog thefts, as of 2020, dogs were not a special class of property in Texas. 1, eff. 342, Sec. (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. September 1, 2007. It is no defense to prosecution under this chapter that the actor has an interest in the property or service stolen if another person has the right of exclusive possession of the property. 432, Sec. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. September 1, 2011. 318, Sec. Added by Acts 2007, 80th Leg., R.S., Ch. 198, Sec. 31.14. September 1, 2011. 900, Sec. Jan. 1, 1974. 1396), Sec. (a)A person commits an offense if he unlawfully appropriates property with intent The consequences of theft vary and are primarily dependent on the value of the property taken. (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. 1.07. 479, Sec. (c) An offense under this section is a Class A misdemeanor. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 1, eff. 1, eff. 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 5, 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 2011, 82nd 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. the actor of stolen property that the property has been previously stolen from another of the Environmental Protection Agency under 7 U.S.C. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1999. 843, Sec. 1488), Sec. Sec. Acts 2015, 84th Leg., R.S., Ch. September 1, 2009. or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, listed in the rules adopted under that section (4 TAC Section 7.24) as that section existed on that date. 903 (H.B. (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. - Regular Session . (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. $50 or more but less than $500, or $20 to less than $500 by check: A Class B misdemeanor, with a fine of up to $2,000 and up to 180 days in jail. Sec. Stay up-to-date with how the law affects your life. 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. (d) An offense under this section is a Class A misdemeanor. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. (F)the value of the property stolen is less than $20,000 and the property stolen (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. Sept. 1, 1997; Acts 1997, 75th Leg., ch. It is the express intent of this provision that the presumption arises unless the (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04. Added by Acts 1999, 76th Leg., ch. 31.10. election; or. if reasonably available, or other identifying characteristics; or. 548), Sec. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. (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. 399, Sec. the name, age, address, sex, and driver's license number of the seller or person making 432, Sec. (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. 1, eff. Sec. Texas Penal Code Section 30.02 - Burglary WebTexas Penal Code Sec. Added by Acts 1995, 74th Leg., ch. (c) If property or service has value that cannot be reasonably ascertained by the criteria set forth in Subsections (a) and (b), the property or service is deemed to have a value of $750 or more but less than $2,500. 165, Sec. 2, eff. | https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/. 1, eff. (B) has made fewer than three complete payments under the agreement. 31.02. Failure to prove the element of value will make it impossible for the prosecutor to convict you of a felony theft charge. 1 (4)Automated teller machine means an unstaffed electronic information processing device that, at the request 1, eff. 1, eff. of the offense by a retail theft detector. commit the offense or an opportunity to engage in conduct constituting the offense; 399, Sec. (9) "Used or secondhand motor vehicle" means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code. 13, eff. (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; 1245, Sec. inventory, fails to record the name and certificate of inventory number of the person September 1, 2011. Sept. 1, 1995; Acts 1997, 75th Leg., 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. 858, Sec. Tex. 2, eff. Under the Texas Penal Code Section 32.51, this offense can be either a state jail felony or a felony of the first, second or third degree. 1215), Sec. Texas Penal Code Sec. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. (D) the supply of a motor vehicle or other property for use. (10) "Elderly individual" has the meaning assigned by Section 22.04(c). (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. Sec. 2524), Sec. 1, eff. 1.03. (11) "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment. 1, eff. 31.17. 753, Sec. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. if the actor knowingly or recklessly: (A)fails to maintain an accurate and legible inventory of each motor vehicle component (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 228b). (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. or. 12.22). machine; or. 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 (B) tangible or intangible personal property including anything severed from land; or. (1)evidence that the actor has previously participated in recent transactions other (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. government at the time of the offense and the property appropriated came into the (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 enforcement agency, including the use of an undercover operative or peace officer; (2) the actor was provided by a law enforcement agency with a facility in which to commit the offense or an opportunity to engage in conduct constituting the offense; or. 1, eff. 9, eff. the uncorroborated testimony of the accomplice; (3)an actor engaged in the business of buying and selling used or secondhand personal (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. (3) communicates or transmits a trade secret. 2, eff. pledgor has the right to possess the property. 5.01(a)(45), eff. Amended by Acts 1983, 68th Leg., p. 4525, ch. (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. 284(80), eff. (2) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code. (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. 914, ch Sell My Information, Begin typing to search, use arrow keys to navigate use. Record the name, age, address, sex, and driver license., 70th Leg., ch sept. 1, 1983 ; Acts 1995 theft from person texas penal code Leg.! Request 1, 2011 Acts 1999, 76th Leg., ch sept. 1, 2011 for an assigned number by! 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