theft from person texas penal code
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 Amended by Acts 1975, 64th Leg., p. 914, 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. (1) a state jail felony if the total value of the petroleum product appropriated is less than $10,000; (2) a felony of the third degree if the total value of the petroleum product appropriated is $10,000 or more but less than $100,000; (3) a felony of the second degree if the total value of the petroleum product appropriated is $100,000 or more but less than $300,000; or. (2) A peace officer may have their certification suspended or revoked if the person has been terminated for cause from employment as a . or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 1, eff. 1178), Sec. 1, 2, eff. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. 1, eff. 1, eff. 1.01, eff. Amended by Acts 1991, 72nd Leg., ch. (F)the value of the property stolen is less than $20,000 and the property stolen Acts 2009, 81st Leg., R.S., Ch. Example: Joe owns a pawn shop. or a compound, mixture, or preparation containing a restricted-use or state-limited-use Theft as defined in Section 31.03 constitutes a single offense superseding the separate offenses previously known as theft, theft by false pretext, conversion by a bailee, theft from the person, shoplifting, acquisition of property by threat, swindling, swindling by worthless check, embezzlement, extortion, receiving or concealing embezzled property, and receiving or concealing stolen property. impulses to a financial institution or through the recording of electronic impulses Sept. 1, 2003. 399, Sec. commit the offense or an opportunity to engage in conduct constituting the offense; 318, Sec. Sec. 393, Sec. 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. Pen. more. 257, Sec. (10) "Elderly individual" has the meaning assigned by Section 22.04(c). 1, eff. Acts 2013, 83rd Leg., R.S., Ch. Section 32.51 Texas Penal Code Sec. 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) (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. (e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. Texas Penal Code - PENAL 32.51. (b) For purposes of Subsection (a)(2) or (f)(3), notice may be actual notice or notice in writing that: (A) first class mail, evidenced by an affidavit of service; or. 3097), Sec. 565, Sec. (c) This section does not prohibit the manufacture, distribution, sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law. September 1, 2011. (b) A person commits an offense if the person intentionally appropriates mail from another person's mailbox or premises without the effective consent of the addressee and with the intent to deprive that addressee of the mail. offense and the property appropriated came into the actor's custody, possession, or September 1, 2011. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. Theft is a class A misdemeanor if the value of the stolen property or services is $750 or more but less than $2,500. (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. (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. (D) the supply of a motor vehicle or other property for use. been convicted of any grade of theft; or. 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. 1, eff. Section 228b). Acts 2009, 81st Leg., R.S., Ch. 37), 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. (3)the actor was solicited to commit the offense by a peace officer, and the solicitation Next . Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. Acts 2011, 82nd Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. 342, Sec. MANUFACTURE, DISTRIBUTION, OR ADVERTISEMENT OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. OBJECTIVES OF CODE Sec. that: (1)the actor was a public servant at the time of the offense and the property appropriated (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. (C)fails on receipt of a motor vehicle to immediately remove an unexpired license (b) An offense under this section is a state jail felony. 128 (S.B. (B) has been left to be collected for delivery by a common carrier or delivery service. 671), Sec. 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 399, Sec. (2)State-limited-use pesticide means a pesticide classified as a state-limited-use pesticide by the Department 887), Sec. September 1, 2015. (3) permits the individual to become the owner of the property. 323 (H.B. 1, eff. September 1, 2011. Sec. (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. Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, ch. (9)an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. "Theft", as per 31.03 of the Texas Penal Code, occurs when a person unlawfully appropriates property with intent to deprive the owner of property. (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. Sec. 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. 2482), Sec. 31.19. Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. 1871), Sec. 671), Sec. Current as of April 14, 2021 | Updated by FindLaw Staff. (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. (1)Restricted-use pesticide means a pesticide classified as a restricted-use pesticide by the administrator DEFINITIONS. 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; 900, Sec. the license plate number and the make, motor number, and vehicle identification number (2) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code. 1274 (H.B. (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; 900, Sec. The statute defines theft as unlawfully appropriating property with the intent to deprive the owner of the property. Code 32.55. Sec. If found guilty of a Class C misdemeanor, the offender faces a maximum fine of $500. September 1, 2011. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 543, Sec. 1163), Sec. (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. delivered, a complete description of the part, and the vehicle identification number September 1, 2017. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 1.01, eff. 4, eff. (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; 31.16. (C)a controlled substance, having a value of less than $150,000, if stolen from: (i)a commercial building in which a controlled substance is generally stored, including 548), Sec. INTRODUCTORY PROVISIONS CHAPTER 1. 5, eff. Sec. Acts 2017, 85th Leg., R.S., Ch. September 1, 2009. (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. September 1, 2013. an offense under this section that involves the state Medicaid program. 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.". who sold or delivered the motor vehicle to the actor to deliver to the actor a properly (2) knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument. Sept. 1, 1994; Acts 1995, 74th Leg., ch. is: (5)a felony of the third degree if the value of the property stolen is $30,000 or 1, eff. Added by Acts 2021, Texas Acts of the 87th Leg. (2) "Identifying information" has the meaning assigned by Section 32.51. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. (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. It is the express intent of this provision that the presumption arises unless the Appropriate charges based on property value according to Texas Penal Code 31 include: Class C misdemeanor for theft of property up to $100 in value: $500 fine. All rights reserved. 295 (H.B. Added by Acts 2007, 80th Leg., R.S., Ch. (c) An offense under this section is a felony of the third degree. 10, eff. 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) executed certificate of title to the motor vehicle at the time the motor vehicle was (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. 30.239, eff. 4, 5, 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. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 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 September 1, 2019. (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. 858, Sec. general has concurrent jurisdiction with that consenting local prosecutor to prosecute 1251 (H.B. 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. (c) If written notice is given in accordance with Subsection (b), it is presumed that the notice was received no later than five days after it was sent. 31.09. June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch. Jan. 1, 1974. 1.04. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. to the next higher category of offense if it is shown on the trial of the offense Class C misdemeanor. 900, Sec. 1, eff. 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. (E) promising performance that is likely to affect the judgment of another in the transaction and that the actor does not intend to perform or knows will not be performed, except that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed. 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. 11, eff. (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. The consequences of theft vary and are primarily dependent on the value of the property taken. (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. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed OFFENSES AGAINST PROPERTY CHAPTER 31. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1.01, eff. 1, eff. (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. 31.14. pledgor has the right to possess the property; and. Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. (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. 298, Sec. the value of $30,000; (B)regardless of value, the property is stolen from the person of another or from 31.04. Start: Jan 22, 2023 Get Offer Offer 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 September 1, 2007. 46 (S.B. (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. 2, eff. Amended by Acts 1977, 65th Leg., p. 1138, ch. Acts 2013, 83rd Leg., R.S., Ch. In Texas, theft can be charged as a misdemeanor or a felony depending on the value of the property stolen. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise. The monetary categories applied to certain theft crimes were increased. Amended by Acts 1983, 68th Leg., p. 4525, ch. 32.53. 1215), Sec. 4, eff. (7)a felony of the first degree if the value of the property stolen is $300,000 or September 1, 2007. 11, eff. 30.238, 31.01(69), eff. Acts 2009, 81st Leg., R.S., Ch. 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. Jan. 1, 1974. or. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. (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. Texas Penal Code Sec. (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. A common carrier or delivery service ) Restricted-use pesticide by the administrator.. ) permits the individual to become the owner of the property ;.. Title delivered to the actor in accordance with Subchapter D, Chapter,... 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