Acts 2009, 81st Leg., R.S., Ch. (b) An offense under this section is a state jail felony. 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. PENAL CODE TITLE 7. been convicted of any grade of theft; or. 15, eff. 3097), Sec. (d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. 1.01, eff. (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. (3)property in the custody of any law enforcement agency was explicitly represented (B) has made fewer than three complete payments under the agreement. September 1, 2011. 55 - Financial Abuse of Elderly Individual, Tex. (B) to acquire or otherwise exercise control over property other than real property. Sept. 1, 1994. 1.01, eff. What is THEFT? (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. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 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. (B) tangible or intangible personal property including anything severed from land; or. May 23, 2009. - Regular Session . 1.01, eff. 31.05. (c) An offense under this section is a Class A misdemeanor. inventory, fails to record the name and certificate of inventory number of the person having an aggregate value of less than $150,000; or. (4)Automated teller machine means an unstaffed electronic information processing device that, at the request Theft does not only have to be direct taking of another's property. Jan. 1, 1974. Chapter 31 of the Texas Penal Code governs the crime of THEFT in Texas. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. 4, eff. SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. (1)evidence that the actor has previously participated in recent transactions other (a)A person commits an offense if he unlawfully appropriates property with intent (9)an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. September 1, 2011. 1, eff. (2)State-limited-use pesticide means a pesticide classified as a state-limited-use pesticide by the Department 399, Sec. 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, (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. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (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) 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. Wholesale distributor of prescription drugs. 734, Sec. 31.03. 1251 (H.B. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1.03. (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. (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. 1396), Sec. 1234 (S.B. to deprive the owner of property. September 1, 2009. Pen. 2, 3, eff. (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. (2) committed the offense for remuneration, in which event the offense is a Class A misdemeanor, unless it is also shown on the trial of the offense that the actor has been previously convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor with a minimum fine of $2,000 and a minimum term of confinement of 180 days. in the federal regulations adopted under that law (40 C.F.R. 1396), Sec. (2) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code. September 1, 2017. Jan. 1, 1974. 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 Acts 2011, 82nd Leg., R.S., Ch. 31.02. Sept. 1, 1997; Acts 2001, 77th Leg., ch. (3) permits the individual to become the owner of the property. or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, Sept. 1, 1985; Acts 1985, 69th Leg., ch. (a) A person commits an offense if the person for remuneration intentionally or knowingly manufactures, assembles, modifies, imports into the state, exports out of the state, distributes, advertises, or offers for sale, 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. September 1, 2015. (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 31.04. 753, Sec. Acts 2019, 86th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. THEFT OF SERVICE. GENERAL PROVISIONS Sec. (1) "Access device," "connection," and "device" mean an access device, connection, or device wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried by a multichannel video or information services provider. 10, eff. Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. 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.". (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 been previously stolen from another if the actor pays for or loans against the property 284(80), eff. In Texas, theft can be charged as a misdemeanor or a felony depending on the value of the property stolen. Today, most theft crimes in Texas are consolidated under Texas Penal Code 31.03, including theft by conversion. THEFT. TERRITORIAL JURISDICTION Sec. pesticide is presumed to know on receipt by the actor of the pesticide or compound, CARGO THEFT. 3, eff. 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. 1.09. (9) "Used or secondhand motor vehicle" means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code. 399, Sec. 31.20 Mail Theft (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). Added by Acts 1999, 76th Leg., ch. September 1, 2019. September 1, 2017. (5)during the commission of the offense, the actor intentionally, knowingly, or recklessly: (A)caused a fire exit alarm to sound or otherwise become activated; (B)deactivated or otherwise prevented a fire exit alarm or retail theft detector 900, Sec. Theft of a vehicle worth less than $2,500 is a misdemeanor and any theft above that amount constitutes a felony. September 1, 2011. Failure to prove the element of value will make it impossible for the prosecutor to convict you of a felony theft charge. (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. VALUE. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. (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. September 1, 2011. 1, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 30.237, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1163), Sec. of license plates kept under this paragraph, including for each plate or set of plates Retail theft from establishing the requisite intent by direct evidence in Texas, can... 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