Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. Jan. 1, 1974. 191, Sec. 13, eff. EFFECT OF CODE Sec. (c) This section does not prohibit the manufacture, distribution, advertisement, offer for sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law. The punishment for a class A misdemeanor can include a fine of no more than $4,000, imprisonment for no more than one year, or both. (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 a pharmacy, clinic, hospital, nursing facility, or warehouse; or. Sept. 1, 2003. 2, eff. Packers and Stockyards Act (7 U.S.C. (B) has been left to be collected for delivery by a common carrier or delivery service. 933 (H.B. 1.01, eff. received the motor vehicle, the registration license receipt and certificate of title (F)the value of the property stolen is less than $20,000 and the property stolen (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. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 31.15. 318, Sec. from sounding; or. (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, 2009. Sept. 1, 1994; Acts 1997, 75th Leg., ch. that all recorded liens on the motor vehicle have been released; or. 15.001, eff. (3)the actor was solicited to commit the offense by a peace officer, and the solicitation 399, 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. 753, Sec. 1024), Sec. A person is reckless when he is aware of but consciously disregards a substantial and unjustifiable risk that the result will occur. Sec. 31.19. (g) For the purposes of Subsection (a), a person is the owner of exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, only if the person qualifies to claim the animal under Section 142.0021, Agriculture Code, if the animal is an estray. 1178), Sec. THEFT OF TRADE SECRETS. Texas Penal Code Section 30.02 - Burglary WebTexas Penal Code Sec. Amended by Acts 1991, 72nd Leg., ch. enforcement agency; (6)an actor engaged in the business of obtaining abandoned or wrecked motor vehicles 497, Sec. (f) Notwithstanding any other provision of this code, any police or other report of stolen vehicles by a political subdivision of this state shall include on the report any rental vehicles whose renters have been shown to such reporting agency to be in violation of Subsection (b)(2) and shall indicate that the renting agency has complied with the notice requirements demanding return as provided in this section. of a user, performs a financial transaction through the direct transmission of electronic a certificate of title showing that the motor vehicle is not subject to a lien or Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. commit the offense, but would not encourage a person not predisposed to commit the 1, eff. 821), Sec. the license plate number and the make, motor number, and vehicle identification number 128 (S.B. (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. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Additionally, theft is automatically a State Jail felony if the stolen property is a firearm or certain types of livestock valued at under $20,000. (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 31.09. 1.07. an offense under this section that involves the state Medicaid program. 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. (4) a felony of the first degree if the total value of the petroleum product appropriated is $300,000 or more. 900, Sec. (E) given by a person who by reason of advanced age is known by the actor to have a diminished capacity to make informed and rational decisions about the reasonable disposition of property. 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. (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. 1, eff. 565, Sec. Amended by Acts 1977, 65th Leg., p. 1138, ch. September 1, 2015. (f)An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased 1178), Sec. Acts 2017, 85th Leg., R.S., Ch. 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 31.14. 900, Sec. 1, 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; Acts 2009, 81st Leg., R.S., Ch. 31.04. 2, eff. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, ch. Next . September 1, 2009. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. was of a type that would encourage a person predisposed to commit the offense to actually (a) A person commits an offense if he commits robbery as defined in Section 29.02, and he: (1) causes serious bodily injury to another; (2) uses or exhibits a deadly weapon; or (3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is: (B) telecommunication, public utility, or transportation service; (C) lodging, restaurant service, and entertainment; and. Sec. public servant; (2)the actor was in a contractual relationship with government at the time of the (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. 10, eff. Section 152.175) and in effect on that date. the uncorroborated testimony of the accomplice; (3)an actor engaged in the business of buying and selling used or secondhand personal mixture, or preparation that the pesticide or compound, mixture, or preparation has 1274 (H.B. 128 (S.B. 1124 (H.B. September 1, 2011. 1, eff. 1219 (S.B. (1)Restricted-use pesticide means a pesticide classified as a restricted-use pesticide by the administrator 2524), Sec. Sept. 1, 1983; Acts 1985, 69th Leg., ch. Theft of a vehicle worth less than $2,500 is a misdemeanor and any theft above that amount constitutes a felony. having an aggregate value of less than $150,000; or. or evidence of title delivered to the actor in accordance with Subchapter D, Chapter Acts 1973, 63rd Leg., p. 883, ch. DEFINITIONS. 1396), Sec. SHORT TITLE Sec. 1, eff. 1, eff. a pharmacy, clinic, hospital, nursing facility, or warehouse; or. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Felony Theft in Texas In Texas, theft becomes a felony when a specific object was taken, the property was valued at $2,500 or more, or the alleged offender has prior theft convictions. by deception if the actor fails to make full payment in accordance with Section 409, property is less than 10 head of sheep, swine, or goats or any part thereof under (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. 1234 (S.B. 318, Sec. 1871), Sec. 1, eff. of the Environmental Protection Agency under 7 U.S.C. Sec. - Regular Session . Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1245, Sec. 3, eff. (j)With the consent of the appropriate local county or district attorney, the attorney THEFT. (B) return the property to the owner within 10 days after receiving the demand for return of the property. If the value of the property stolen is worth $100 or more, but less than $750, it's a Class B misdemeanor. Acts 2011, 82nd Leg., R.S., Ch. PENAL CODE TITLE 7. Today, most theft crimes in Texas are consolidated under Texas Penal Code 31.03, including theft by conversion. (3) "Mail" means a letter, postal card, package, bag, or other sealed article that: (A) is delivered by a common carrier or delivery service and not yet received by the addressee; or. 109, Sec. 903 (H.B. 1, eff. Financial exploitation of the elderly is a criminal offense in Texas that has been in the statutes since 2011. 13, eff. 165, Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 1251 (H.B. Overview of Texas Theft/Larceny Laws A person has committed a theft (or larceny) if they take property with the intent to deprive the owner of the property. the property believing it was stolen by another. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. is an automated teller machine or the contents or components of an automated teller 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. Sec. Acts 2009, 81st Leg., R.S., Ch. (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. (c) An offense under this section is a Class A misdemeanor. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. (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. Sept. 1, 1997. | https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/. 1, eff. of the offense by a retail theft detector. 1, eff. (4)Automated teller machine means an unstaffed electronic information processing device that, at the request 1828), Sec. (a) In this section: (1) "Cargo" means goods, as defined by Section 7.102, Business & Commerce Code, that constitute, wholly or partly, a commercial shipment of freight moving in commerce. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed (a) (1) A certified peace officer shall have their certification revoked if the person is or has become ineligible to hold office as a peace officer pursuant to Section 1029 of the Government Code. 1.01. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Sept. 1, 1999. Sept. 1, 1995. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. September 1, 2009. (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. Sec. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller or 1, eff. 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