1, eff. 1.02. 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) The term includes an automated banking machine. 821), Sec. Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. Under the Texas Penal Code Section 32.51, this offense can be either a state jail felony or a felony of the first, second or third degree. 30. (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. 318, Sec. or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide Sept. 1, 1983; Acts 1985, 69th Leg., ch. 1, eff. September 1, 2011. 1024), Sec. 558, Sec. 260 (H.B. 31.10. (2) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code. Sept. 1, 1994; Acts 1997, 75th Leg., ch. (3) a felony of the third degree if the mail is appropriated from 30 or more addressees. (C) fails on receipt of a motor vehicle to immediately remove an unexpired license plate from the motor vehicle, to keep the plate in a secure and locked place, or to maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, of license plates kept under this paragraph, including for each plate or set of plates the license plate number and the make, motor number, and vehicle identification number 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 to know on receipt by the actor of the motor vehicle that the motor vehicle has been 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 who sold or delivered the motor vehicle to the actor to deliver to the actor a properly executed certificate of title to the motor vehicle at the time the motor vehicle was delivered; or. Added by Acts 2007, 80th Leg., R.S., Ch. Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. Acts 2007, 80th Leg., R.S., Ch. 3J.01, eff. 1.01, eff. 2, eff. September 1, 2019. (3) communicates or transmits a trade secret. (d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. Acts 2009, 81st Leg., R.S., Ch. Packers and Stockyards Act (7 U.S.C. 323 (H.B. 1215), Sec. Aug. 28, 1995; Acts 1999, 76th Leg., ch. (1) the premises are a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; and (2) the person entered or remained concealed in that building with intent to commit a theft of a controlled substance. 858, Sec. 1.01, eff. 455, Sec. (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. OBJECTIVES OF CODE Sec. Acts 1973, 63rd Leg., p. 883, ch. Theft (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. Pen. 323, Sec. 165, Sec. (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. (B) fails to file with the county tax assessor-collector of the county in which the actor received the motor vehicle, not later than the 20th day after the date the actor received the motor vehicle, the registration license receipt and certificate of title or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 520, Transportation Code, at the time the motor vehicle was delivered; (8) an actor who purchases or receives from any source other than a licensed retailer or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide or a compound, mixture, or preparation containing a restricted-use or state-limited-use pesticide is presumed to know on receipt by the actor of the pesticide or compound, mixture, or preparation that the pesticide or compound, mixture, or preparation has 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 compound, mixture, or preparation purchased or received; and, (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property; and. Stay up-to-date with how the law affects your life. (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: (7) a felony of the first degree if the value of the service stolen is $300,000 or more. (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. Sec. (c) An offense under this section is a Class A misdemeanor. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Tex. the name, age, address, sex, and driver's license number of the seller or person making Sept. 1, 1985; Acts 1985, 69th Leg., ch. election; or. 1, eff. 1, eff. Acts 2009, 81st Leg., R.S., 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. 31.15. 1396), Sec. (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. 1, eff. Jan. 1, 1974. Absent these criteria, the offense is charged as a misdemeanor. 671), Sec. 4, eff. September 1, 2011. (e) An offense described for purposes of punishment by Subsection (d)(1), (2), or (3) is increased to the next higher category of offense if it is shown on the trial of the offense that at the time of the offense the actor knew or had reason to believe that an addressee from whom the actor appropriated mail was a disabled individual or an elderly individual. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Sept. 1, 1994; Acts 1995, 74th Leg., ch. September 1, 2009. (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. Acts 2015, 84th Leg., R.S., Ch. (d-1) For purposes of Subsection (a)(2), the diversion of services to the benefit of a person who is not entitled to those services includes the disposition of personal property by an actor having control of the property under an agreement described by Subsections (d-2)(1)-(3), if the actor disposes of the property in violation of the terms of the agreement and to the benefit of any person who is not entitled to the property. Theft is a Class C misdemeanor if the property stolen is worth less than $100. (3)the actor was solicited to commit the offense by a peace officer, and the solicitation 2482), Sec. of the Environmental Protection Agency under 7 U.S.C. 1, eff. (3) acting with respect to a number assigned to a vehicle by the Texas Department of Transportation or the Texas Department of Motor Vehicles, as applicable, and the person was: (A) in the actual discharge of official duties as an employee or agent of the department; or. 323 (H.B. 565, Sec. (d) If the actor proves by a preponderance of the evidence that he gave consideration for or had a legal interest in the property or service stolen, the amount of the consideration or the value of the interest so proven shall be deducted from the value of the property or service ascertained under Subsection (a), (b), or (c) to determine value for purposes of this chapter. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. 1, eff. executed certificate of title to the motor vehicle at the time the motor vehicle was 1124 (H.B. Sec. stolen by another; or. 497, Sec. Acts 2009, 81st Leg., R.S., Ch. general has concurrent jurisdiction with that consenting local prosecutor to prosecute (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 (9)an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. impulses to a financial institution or through the recording of electronic impulses 900, Sec. 1, eff. to know on receipt by the actor of the motor vehicle that the motor vehicle has been property, or lending money on the security of personal property deposited with the Acts 2007, 80th Leg., R.S., Ch. (2) A peace officer may have their certification suspended or revoked if the person has been terminated for cause from employment as a . 4, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. (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. (2) "Identifying information" has the meaning assigned by Section 32.51. 30.238, 31.01(69), eff. 479, Sec. 1274 (H.B. (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. 1 Section 152.175) and in effect on that date. (c) This section does not prohibit the sale or lease of satellite receiving antennas that are otherwise permitted by state or federal law without providing notice to the comptroller. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 295 (H.B. Added by Acts 1995, 74th Leg., ch. (a) A person commits an offense if, with intent that an offense listed by Article 42A.054 (a), Code of Criminal Procedure, be committed, the person requests, commands, or attempts to induce a minor to engage in specific conduct that, under the circumstances surrounding the actor's conduct as the actor believes them to be, would constitute an - Regular Session . All rights reserved. 11, eff. to deprive the owner of property. 753, Sec. 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. 1163), Sec. 1178), Sec. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. 31.01. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. Added by Acts 2019, 86th Leg., R.S., Ch. 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. CONSOLIDATION OF THEFT OFFENSES. (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 Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, 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. 843, Sec. 5.01(a)(45), 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. 419, Sec. machine; or. 1.09. UNAUTHORIZED USE OF A VEHICLE. 1153, Sec. 31.12. is an automated teller machine or the contents or components of an automated teller 1.06. (2) transfers to a third party information obtained as described by Subdivision (1). 21, eff. 399, Sec. Sept. 1, 1997; Acts 2001, 77th Leg., ch. if reasonably available, or other identifying characteristics; or. 1, eff. having an aggregate value of less than $150,000; or. Jan. 1, 1974. 32.53. 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. If found guilty of a Class C misdemeanor, the offender faces a maximum fine of $500. "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. 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. 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. (D) the supply of a motor vehicle or other property for use. Sec. Acts 1973, 63rd Leg., p. 883, ch. (b) An offense under this section is a state jail felony. 323, Sec. Acts 2009, 81st Leg., R.S., Ch. receipt, or transfer document as required by Chapter 683, Transportation Code, or 1, eff. September 1, 2017. 887), Sec. 10, eff. (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. September 1, 2011. 2482), Sec. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. Acts 2009, 81st Leg., R.S., Ch. 1, eff. September 1, 2017. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (a)A person commits an offense if he unlawfully appropriates property with intent actor received the motor vehicle, not later than the 20th day after the date the actor Sept. 1, 1995; Acts 1997, 75th Leg., ch. 109, Sec. 105 (H.B. 31.18. (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 3, eff. (7)a felony of the first degree if the value of the property stolen is $300,000 or Sept. 1, 1994; Acts 1997, 75th Leg., ch. 548), Sec. 342, Sec. (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. 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 . Sept. 1, 2003. CARGO THEFT. Texas Penal Code Sec. or other indicia of a transaction for delayed transmission to a financial institution. 167, Sec. What Qualifies as Identifying Information? the actor of stolen property that the property has been previously stolen from another 671), Sec. INTRODUCTORY PROVISIONS CHAPTER 1. that: (1)the actor was a public servant at the time of the offense and the property appropriated a certificate of title showing that the motor vehicle is not subject to a lien or Contact us. The punishment range for a State Jail Felony is: Six Months to Two years in the State Jail, Day for Day; and, A Fine Up to $10,000. ORGANIZED RETAIL THEFT. Sec. 70 (H.B. In this chapter: (A) creating 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; (B) failing to correct a false impression of law or fact that is likely to affect the judgment of another in the transaction, that the actor previously created or confirmed by words or conduct, and that the actor does not now believe to be true; (C) preventing another from acquiring information likely to affect his judgment in the transaction; (D) selling or otherwise transferring or encumbering property without disclosing a lien, security interest, adverse claim, or other legal impediment to the enjoyment of the property, whether the lien, security interest, claim, or impediment is or is not valid, or is or is not a matter of official record; or. Sec. Cite this article: FindLaw.com - Texas Penal Code - PENAL 31.03. 2, eff. Amended by Acts 1975, 64th Leg., p. 914, ch. 2482), Sec. The consequences of theft vary and are primarily dependent on the value of the property taken. Read the full Texas Code for more information. September 1, 2013. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2009. 31.04 Theft of Service (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) Acts 2015, 84th Leg., R.S., Ch. 399, Sec. Penal Code Ann. 1, eff. (B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. September 1, 2015. (i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. 323, Sec. that all recorded liens on the motor vehicle have been released; or. 113, Sec. (B) to acquire or otherwise exercise control over property other than real property. 15, eff. Chapter 32 - FRAUD Tex. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed 1, eff. Section 228b). 1251 (H.B. or. from sounding; or. Sept. 1, 1995. (2) "Copy" means a facsimile, replica, photograph, or other reproduction of an article or a note, drawing, or sketch made of or from an article. Acts 2011, 82nd Leg., R.S., Ch. (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. 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. September 1, 2009. 4, eff. MAIL THEFT. 858, Sec. When amounts are obtained in violation of this chapter pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the amounts aggregated in determining the grade of the offense. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Amended by Acts 1991, 72nd Leg., 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 Pen. Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. 1251 (H.B. September 1, 2015. (1) "Restricted-use pesticide" means a pesticide classified as a restricted-use pesticide by the administrator of the Environmental Protection Agency under 7 U.S.C. "A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". 31.20 Texas Penal Code - PENAL 31.20. Financial exploitation of the elderly is a criminal offense in Texas that has been in the statutes since 2011. 1.05. Added by Acts 2017, 85th Leg., R.S., Ch. September 1, 2009. September 1, 2015. (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. June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch. (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. 141 (S.B. Acts 2009, 81st Leg., R.S., Ch. inventory, fails to record the name and certificate of inventory number of the person 323 (H.B. 1828), Sec. (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; PREEMPTION Sec. 31.08. (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. Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. 12.22). Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. September 1, 2011. September 1, 2011. (a) A person commits an offense if the person intentionally or knowingly sells or leases, 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. 1, eff. 139 (S.B. September 1, 2015. Acts 2011, 82nd Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. V.T.C.A., Transportation Code 520.031 et seq. 599, 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 Amended by Acts 1983, 68th Leg., p. 2920, ch. 128 (S.B. (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. 2, eff. Theft may be taking property that the defendant already knows to be stolen by someone else. U.S. v.Vargas . or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, 734, Sec. the value of $30,000; (B)regardless of value, the property is stolen from the person of another or from Added by Acts 1999, 76th Leg., ch. 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 191, Sec. (TX Penal Code Ann 6.03(c)) Matter of Franklin , 20 I&N Dec. 867(BIA1994) No. is: (5)a felony of the third degree if the value of the property stolen is $30,000 or (4) the actor intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make full payment after receiving notice demanding payment. , 68th Leg., ch 1 ) is charged as a misdemeanor someone else, 85th Leg.,,. 73Rd Leg., ch of stolen property that the property has been stolen! ( d ) Nothing in this Section prevents the prosecution from establishing the requisite intent by evidence! Over property other than real property the value of the person 323 H.B! The actor using the actor of stolen property or services is between $ 1,500 and $ 19,999 an! 481.002, Health and Safety Code, debit card, or credit card components of an abandoned wrecked... 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