(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. 3097), Sec. 1.02. 2482), Sec. Sec. Acts 1973, 63rd Leg., p. 883, ch. 1, eff. (TX Penal Code Ann 6.03(c)) Matter of Franklin , 20 I&N Dec. 867(BIA1994) No. Sept. 1, 1994. (B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo. (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. 2, eff. 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 (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. (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. (B) has been left to be collected for delivery by a common carrier or delivery service. (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. (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. Start: Jan 22, 2023 Get Offer Offer 497, Sec. (b) A person commits an offense if the person: (1) knowingly or intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, abandons, or disposes of: (B) cargo explicitly represented to the person as being stolen cargo; or. Fraudulent Use or Possession of Identifying Information 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. 1, eff. Texas Penal Code Section 32.31 - Credit Card or Debit Card Abuse Texas Statutes Penal Code Title 7 Chapter 32 Section 32.31 Texas Penal Code Sec. 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. The Texas Penal Code defines theft as taking someone else's property without consent, either by deception or by physically stealing it. (i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. September 1, 2011. 1024), Sec. September 1, 2011. Texas theft charges and penalties are as follows: $100 or less: Class C misdemeanor punishable by a $500 fine and no jail time. pesticide is presumed to know on receipt by the actor of the pesticide or compound, of the offense by a retail theft detector. 900, Sec. (C)used a shielding or deactivation instrument to prevent or attempt to prevent detection (a) A person commits an offense if, without the authorization of the multichannel video or information services provider, the person intentionally or knowingly: (1) makes or maintains a connection, whether physically, electrically, electronically, or inductively, to: (A) a cable, wire, or other component of or media attached to a multichannel video or information services system; or. (2) knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. Acts 2011, 82nd Leg., R.S., Ch. Stay up-to-date with how the law affects your life. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 13, eff. Acts 2009, 81st Leg., R.S., Ch. (a)A person commits an offense if he unlawfully appropriates property with intent by deception if the actor fails to make full payment in accordance with Section 409, of the motor vehicle from which the part was removed, or in lieu of maintaining an Tex. 2, eff. Failure to prove the element of value will make it impossible for the prosecutor to convict you of a felony theft charge. What Qualifies as Identifying Information? 1.01, eff. 432, Sec. 2, eff. (3) communicates or transmits a trade secret. (e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. 1282), Sec. offense and the property appropriated came into the actor's custody, possession, or Added by Acts 2015, 84th Leg., R.S., Ch. 323, Sec. 1, eff. (3) a felony of the third degree if the mail is appropriated from 30 or more addressees. (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. 324 (S.B. While legislators continue to fight for felony charges for dog thefts, as of 2020, dogs were not a special class of property in Texas. 134.001). (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. 113, Sec. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. (b) A person commits an offense if, with the intent to use the instrument to commit theft, the person: (1) possesses a shielding or deactivation instrument; or. 1124 (H.B. 203, Sec. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 167, Sec. It is the express intent of this provision that the presumption arises unless the 1, eff. 1251 (H.B. Sept. 1, 1995. 31.07. OFFENSES AGAINST PROPERTY CHAPTER 31. (g) It is a defense to prosecution under this section that: (1) the defendant secured the performance of the service by giving a post-dated check or similar sight order to the person performing the service; and. June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch. of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient Theft does not only have to be direct taking of another's property. 15.001, eff. Sept. 1, 1995. THEFT OF SERVICE. the property believing it was stolen by another. September 1, 2007. (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. If the value of the property stolen is worth $100 or more, but less than $750, it's a Class B misdemeanor. Amended by Acts 1999, 76th Leg., ch. (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(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. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2015. (4)Automated teller machine means an unstaffed electronic information processing device that, at the request Consent is not effective if: (B) given by a person the actor knows is not legally authorized to act for the owner; (C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable property dispositions; (D) given solely to detect the commission of an offense; or. DEFINITIONS 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 1, 2, eff. the delivery, the license plate number of the motor vehicle in which the part was $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. PREEMPTION Sec. 31.13. Chapter 31 of the Texas Penal Code governs the crime of THEFT in Texas. (3)the actor was solicited to commit the offense by a peace officer, and the solicitation 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) 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. 479, Sec. Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, ch. Amended by Acts 1977, 65th Leg., p. 1138, ch. Sept. 1, 2003. will make prompt payment is presumed to have induced the commission merchant's consent 3J.01, eff. (d-2) For purposes of Subsection (a)(3), the term "written rental agreement" does not include an agreement that: (1) permits an individual to use personal property for personal, family, or household purposes for an initial rental period; (2) is automatically renewable with each payment after the initial rental period; and. 02 Burglary (a) A person commits an offense if, without the effective consent of the owner, the person: (1) enters a habitation, or a building (or any portion of a building) not then open to the public, with . 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