(2) "Identifying information" has the meaning assigned by Section 32.51 (Fraudulent Use or Possession of Identifying Information). Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. Class B misdemeanor for theft of property from $100 . Amended by Acts 1983, 68th Leg., p. 4525, ch. (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. (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. 191, Sec. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. 900, 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 May 23, 2009. $100-$750: Class B misdemeanor punishable by 180 days in jail and a fine up to $2,000. Acts 2011, 82nd Leg., R.S., Ch. (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) Not 101(a)(43)(F) crime of violence - as defined by 18 USC 16 as no substantial risk force would be used (16(b)). or evidence of title delivered to the actor in accordance with Subchapter D, Chapter The current Texas law defines the offense of Theft of Service in Penal Code Section 31.04 as follows: [1] (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) the actor intentionally or knowingly secures performance of the service by deception, threat . 734, Sec. property, or lending money on the security of personal property deposited with the 497, Sec. (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. the actor's plea of not guilty; (2)the testimony of an accomplice shall be corroborated by proof that tends to connect Acts 2013, 83rd Leg., R.S., Ch. delivered; or. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1994. 1178), Sec. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. (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. September 1, 2019. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. Sept. 1, 1985; Acts 1987, 70th Leg., ch. (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. Sec. (e) For the purposes of this section, each connection, attachment, modification, or act of tampering is a separate offense. 257, Sec. plate from the motor vehicle, to keep the plate in a secure and locked place, or to THEFT OF PETROLEUM PRODUCT. been previously stolen from another if the actor: (A)fails to record the name, address, and physical description of the seller or pledgor; (B)fails to record a complete description of the amount and type of pesticide or to deprive the owner of property. 2, eff. Theft in Texas is defined as an individual unlawfully taking property with the intent of depriving the owner of the property permanently. 2482), Sec. (C) the property stolen is a driver's license, commercial driver's license, or personal 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 less than $2,500; (A) the value of the property stolen is $2,500 or more but less than $30,000, or the property is less than 10 head of sheep, swine, or goats or any part thereof under the value of $30,000; (B) regardless of value, the property is stolen from the person of another or from 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 previously convicted two or more times of any grade of theft; (E) the property stolen is an official ballot or official carrier envelope for an election; or. or other official number capable of identifying an individual; (5)stolen property does not lose its character as stolen when recovered by any law 887), Sec. What Qualifies as Identifying Information? 976 (S.B. PREEMPTION Sec. (e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. Sept. 1, 2003; Acts 2003, 78th Leg., ch. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. a pharmacy, clinic, hospital, nursing facility, or warehouse; or. 31.15. Section 228b), that obtains livestock from a commission merchant by representing that the actor (j)With the consent of the appropriate local county or district attorney, the attorney Sec. September 1, 2011. by any law enforcement agent to the actor as being stolen and the actor appropriates the uncorroborated testimony of the accomplice; (3)an actor engaged in the business of buying and selling used or secondhand personal or other indicia of a transaction for delayed transmission to a financial institution. What is THEFT? 4, eff. Copyright 2023, Thomson Reuters. Acts 2015, 84th Leg., R.S., Ch. (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. Amended by Acts 1991, 72nd Leg., ch. (B) tangible or intangible personal property including anything severed from land; or. property is less than 10 head of sheep, swine, or goats or any part thereof under 3584), Sec. 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.". September 1, 2017. enforcement agency; (6)an actor engaged in the business of obtaining abandoned or wrecked motor vehicles (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. 671), Sec. September 1, 2015. Stay up-to-date with how the law affects your life. (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. 903 (H.B. 1, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1, eff. 3097), Sec. Sept. 1, 1999. 13, eff. Theft of a vehicle worth less than $2,500 is a misdemeanor and any theft above that amount constitutes a felony. 1.02. having an aggregate value of less than $150,000; or. Sept. 1, 1979. actor's custody, possession, or control by virtue of the contractual relationship; 741, Sec. 10, eff. (B) has been left to be collected for delivery by a common carrier or delivery service. Sept. 1, 1987; Acts 1989, 71st Leg., ch. stolen by another; or. 37), Sec. 55 - Financial Abuse of Elderly Individual, Tex. September 1, 2007. September 1, 2019. 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. 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. Theft is a Class C misdemeanor if the property stolen is worth less than $100. 1215), Sec. (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. (9) "Used or secondhand motor vehicle" means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code. 1, eff. 284(80), eff. part purchased by or delivered to the actor, including the date of purchase or delivery, (2) "Identifying information" has the meaning assigned by Section 32.51. 558, Sec. election; or. (c) An offense under this section is a Class A misdemeanor. 32.31 Credit Card or Debit Card Abuse (a) For purposes of this section: (1) "Cardholder" means the person named on the face of a credit card or debit card to whom or for whose benefit the card is issued. 1.01, eff. (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. Sec. 30.239, eff. (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. Added by Acts 2021, Texas Acts of the 87th Leg. 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. (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. (6)Wholesale distributor of prescription drugs means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, 2482), Sec. 548), Sec. 1.01, eff. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. 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. 1.03. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. (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. (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. (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. OFFENSES AGAINST PROPERTY CHAPTER 31. You be charged with identity theft for stealing any of the following information: Another person's name Fingerprints Date of birth Social Security Number Theft does not only have to be direct taking of another's property. Added by Acts 2007, 80th Leg., R.S., Ch. 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. 323, Sec. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 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. Theft (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 31.04. 1, eff. 753, Sec. September 1, 2015. (a) Subject to the additional criteria of Subsections (b) and (c), value under this chapter is: (1) the fair market value of the property or service at the time and place of the offense; or. actor, is presumed to know upon receipt by the actor of stolen property (other than (9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. Pen. of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient Jan. 1, 1974. Section 152.175) and in effect on that date. 5, eff. 1, eff. (d-5) For purposes of Subsection (b)(5), "business day" means a day other than Sunday or a state or federal holiday. Cite this article: FindLaw.com - Texas Penal Code - PENAL 31.03. 1, eff. 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. Sept. 1, 1995. 31.01. (b) An offense under this section is a state jail felony. September 1, 2015. Acts 2009, 81st Leg., R.S., Ch. (b) A person commits an offense if the person, knowing that the person is not entitled to obtain or possess that financial information: (1) obtains the financial sight order or payment card information of another by use of an electronic, photographic, visual imaging, recording, or other device capable of accessing, reading, recording, capturing, copying, imaging, scanning, reproducing, or storing in any manner the financial sight order or payment card information; or. 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. (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. September 1, 2017. Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. 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 (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. 1, eff. Added by Acts 1995, 74th Leg., ch. SHORT TITLE Sec. 31.17. Acts 2015, 84th Leg., R.S., Ch. 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. Jan. 1, 1974. (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: TERRITORIAL JURISDICTION Sec. Contact us. 32.53. 1.04. 11, eff. 1, eff. 497, Sec. Jan. 1, 1974. September 1, 2011. 694), Sec. 1, eff. (9)an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. (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. Acts 2009, 81st Leg., R.S., Ch. offense to actually commit the offense. Texas Penal Code TEXAS PENAL CODE TITLE 1. to know on receipt by the actor of the motor vehicle that the motor vehicle has been (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) the actor intentionally or knowingly secures performance of the service by deception, threat, or false token; 1, eff. (d) For purposes of Subsection (c), the total value of the cargo involved in the activity includes the value of any vehicle stolen or damaged in the course of the same criminal episode as the conduct that is the subject of the prosecution. September 1, 2013. 3, eff. Sept. 1, 1999. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. (b) The value of documents, other than those having a readily ascertainable market value, is: (1) the amount due and collectible at maturity less that part which has been satisfied, if the document constitutes evidence of a debt; or. - Regular Session . 1.07. Sept. 1, 1997; Acts 2001, 77th Leg., ch. (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. Sept. 1, 1999. (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. Acts 2009, 81st Leg., R.S., Ch. 165, Sec. been previously stolen from another if the actor pays for or loans against the property 342, Sec. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. 128 (S.B. 167, Sec. 31.18. 900, Sec. 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. 31.13. (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. Financial exploitation of the elderly is a criminal offense in Texas that has been in the statutes since 2011. 120 (S.B. (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. 455, Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Packers and Stockyards Act (7 U.S.C. of the Environmental Protection Agency under 7 U.S.C. (e) An offense described for purposes of punishment by Subsections (c)(1)-(3) is increased to the next higher category of offense if it is shown on the trial of the offense that the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b). (f) If the actor obtained property by issuing or passing a check or similar sight order for the payment of money, the actor's intent to deprive the owner of the property under Section 31.03 (Theft) is presumed, except in the case of a postdated check or order, if: (1) the actor ordered the bank or other drawee to stop payment on the check or order; (2) the bank or drawee refused payment to the holder on presentation of the check or order within 30 days after issue; (3) the owner gave the actor notice of the refusal of payment and made a demand to the actor for payment or return of the property; and, (A) pay the holder within 10 days after receiving the demand for payment; or. (7) "Steal" means to acquire property or service by 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. Sec. 70 (H.B. If the value of the property stolen is worth $100 or more, but less than $750, it's a Class B misdemeanor. (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. rebuilding, demolition, or other form of salvage is presumed to know on receipt by 565, Sec. (3) "Multichannel video or information services provider" means a licensed cable television system, video dialtone system, multichannel multipoint distribution services system, direct broadcast satellite system, or other system providing video or information services that are distributed by cable, wire, radio frequency, or other media. 1.01. 1, eff. 1, eff. an offense under this section that involves the state Medicaid program. Sept. 1, 2003. (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. Acts 2015, 84th Leg., R.S., Ch. Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, ch. (i)For purposes of Subsection (c)(9), livestock and commission merchant have the meanings assigned by Section 147.001, Agriculture Code. (a) In this section, "petroleum product" means crude oil, natural gas, or condensate. ACTOR'S INTEREST IN PROPERTY. 2, 3, eff. Section 228b). 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. Added by Acts 2011, 82nd Leg., R.S., Ch. Amended by Acts 1983, 68th Leg., p. 2920, ch. GENERAL PROVISIONS Sec. (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. from sounding; or. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. inventory, fails to record the name and certificate of inventory number of the person machine; or. to the next higher category of offense if it is shown on the trial of the offense pledgor has the right to possess the property; and. 323, Sec. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed in the federal regulations adopted under that law (40 C.F.R. Code 32.55. Acts 2009, 81st Leg., R.S., Ch. Example: Joe owns a pawn shop. (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. 31.04. Read the full Texas Code for more information. Acts 2009, 81st Leg., R.S., Ch. 1276, Sec. 1, eff. (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.
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