203, Sec. This means that a person charged with theft may face a less severe punishment when compared to the . DEFINITIONS. 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, PREEMPTION Sec. 933 (H.B. (2) during the commission of the offense, a person engaged in an activity described by Subsection (b) intentionally, knowingly, or recklessly: (e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (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. If found guilty of a Class C misdemeanor, the offender faces a maximum fine of $500. September 1, 2011. Acts 2009, 81st Leg., R.S., Ch. 2, 3, eff. election; or. 724, Sec. Acts 2011, 82nd Leg., R.S., Ch. 903 (H.B. Tex. of a user, performs a financial transaction through the direct transmission of electronic The statute defines theft as unlawfully appropriating property with the intent to deprive the owner of the property. 10, eff. 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 . 548), Sec. TAMPERING WITH IDENTIFICATION NUMBERS. 1274 (H.B. (3) communicates or transmits a trade secret. (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 (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 is an automated teller machine or the contents or components of an automated teller machine; or. Sept. 1, 1985; Acts 1985, 69th Leg., ch. Sec. 9, eff. Amended by Acts 1983, 68th Leg., p. 2920, ch. Theft (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 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. 1.05. 1.01, eff. COMPUTATION OF AGE Sec. the name, age, address, sex, and driver's license number of the seller or person making Sept. 1, 1994; Acts 1995, 74th Leg., ch. Sept. 1, 1985; Acts 1987, 70th Leg., ch. (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. (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. 31.06. Sec. Section 152.175) and in effect on that date. SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. 31.19. Sept. 1, 1994. Added by Acts 2007, 80th Leg., R.S., Ch. (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. Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. 419, Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1, eff. (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 (c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property. Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. 128 (S.B. 55, see flags on bad law, and search Casetext's comprehensive legal database PENAL CODE. $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 According to the Texas Penal Code, coercion is defined as a threat, however communicated: - 1. to harm the credit or business repute of any person - 2. to take or withhold action as a public servant - 3. to cause death or serious bodily injury - 4. to expose a person to hatred, contempt, or ridicule 1,2, &4 10. 900, Sec. a certificate of title showing that the motor vehicle is not subject to a lien or 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. 901, Sec. at 32.53 (b). Acts 1973, 63rd Leg., p. 883, ch. Acts 2009, 81st Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2017. 2, eff. 1871), Sec. September 1, 2011. Stay up-to-date with how the law affects your life. or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, (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. (7) a felony of the first degree if the value of the property stolen is $300,000 or more. (3) a felony of the third degree if the mail is appropriated from 30 or more addressees. was of a type that would encourage a person predisposed to commit the offense to actually (11) "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment. 165, Sec. September 1, 2011. Amended by Acts 1975, 64th Leg., p. 914, ch. (4)Automated teller machine means an unstaffed electronic information processing device that, at the request FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Amended by Acts 1999, 76th Leg., ch. more. 31.07. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. 843, Sec. 1, eff. 113, Sec. 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) (f) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. 120 (S.B. Sec. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed 165, Sec. 1, eff. Pen. 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 1, eff. Sec. 31.09. THEFT OF SERVICE. (C)fails to obtain a signed warranty from the seller or pledgor that the seller or who sold or delivered the motor vehicle to the actor to deliver to the actor a properly Theft in Texas is defined as an individual unlawfully taking property with the intent of depriving the owner of the property permanently. $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. 31.13. Sept. 1, 1994; Acts 1995, 74th Leg., ch. This misdemeanor charge is the lowest misdemeanor classification level. 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. THEFT OF SERVICE. will make prompt payment is presumed to have induced the commission merchant's consent 1.07. 4, eff. (i)For purposes of Subsection (c)(9), livestock and commission merchant have the meanings assigned by Section 147.001, Agriculture Code. (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. "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. 901, Sec. (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. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, ch. (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. 191, 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 Sept. 1, 1995; Acts 1997, 75th Leg., ch. September 1, 2015. (c) Except as provided by Subsections (d) and (e), an offense under this section is: (1) a Class A misdemeanor if the mail is appropriated from fewer than 10 addressees; (2) a state jail felony if the mail is appropriated from at least 10 but fewer than 30 addressees; or. 245, Sec. (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. Acts 1973, 63rd Leg., p. 883, ch. (1)Restricted-use pesticide means a pesticide classified as a restricted-use pesticide by the administrator Sept. 1, 1989; Acts 1989, 71st Leg., ch. plate from the motor vehicle, to keep the plate in a secure and locked place, or to 11, eff. (f)An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased 858, Sec. September 1, 2009. 1, eff. Aug. 28, 1995; Acts 1999, 76th Leg., ch. Class B misdemeanor for theft of property from $100 . the actor of stolen property that the property has been previously stolen from another While legislators continue to fight for felony charges for dog thefts, as of 2020, dogs were not a special class of property in Texas. 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