245, Sec. 933 (H.B. 2.136, eff. September 1, 2007. public servant; (2)the actor was in a contractual relationship with government at the time of the (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. (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 Texas Statutes Penal Code Title 7 Chapter 30 Section 30.02 Texas Penal Code Sec. 318, 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. Theft of a vehicle worth less than $2,500 is a misdemeanor and any theft above that amount constitutes a felony. the value of $30,000; (B)regardless of value, the property is stolen from the person of another or from Acts 2007, 80th Leg., R.S., Ch. 1466), Sec. been convicted of any grade of theft; or. Added by Acts 1979, 66th Leg., p. 417, ch. 31.14. An offense under Subsection (b)(2) is a Class A misdemeanor. 858, 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. (c) This section does not prohibit the manufacture, distribution, sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law. Packers and Stockyards Act (7 U.S.C. Class B misdemeanor for theft of property from $100 . of showing knowledge or intent and the issues of knowledge or intent are raised by 1274 (H.B. 565, Sec. 4, eff. Acts 1973, 63rd Leg., p. 883, ch. (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 Sept. 1, 1995. (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 (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. Acts 2009, 81st Leg., R.S., Ch. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the a pharmacy, clinic, hospital, nursing facility, or warehouse; or. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. 901, Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (i)For purposes of Subsection (c)(9), livestock and commission merchant have the meanings assigned by Section 147.001, Agriculture Code. (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. 31.02. Class C misdemeanor. 1, eff. ACTOR'S INTEREST IN PROPERTY. 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 Acts 2007, 80th Leg., R.S., Ch. 1, eff. 323 (H.B. been previously stolen from another if the actor pays for or loans against the property 2482), Sec. THEFT. September 1, 2011. Sec. 46 (S.B. 12, eff. Sec. A person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section . September 1, 2015. (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. (d) Except as otherwise provided by this subsection, if written notice is given in accordance with Subsection (c), it is presumed that the notice was received not later than two days after the notice was sent. (d) An offense under this section is a Class A misdemeanor. 203, Sec. 120 (S.B. September 1, 2007. 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. 15, eff. 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. (a) A person commits an offense if the person: (1) knowingly or intentionally removes, alters, or obliterates the serial number or other permanent identification marking on tangible personal property; or. (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. 141 (S.B. (B) has made fewer than three complete payments under the agreement. 393, Sec. by deception if the actor fails to make full payment in accordance with Section 409, 338 (H.B. Jan. 1, 1974. Sept. 1, 1983; Acts 1985, 69th Leg., ch. (9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. (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. 753, Sec. (f) An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that: (1) the actor was a public servant at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of his status as a public servant; (2) the actor was in a contractual relationship with government at the time of the offense and the property appropriated came into the actor's custody, possession, or 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 government at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of the contractual relationship; or. 342, Sec. Tex. 298, Sec. 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 2, eff. 1, eff. 1.01, eff. (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. CONSOLIDATION OF THEFT OFFENSES. 324 (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. 31.11. Acts 2011, 82nd Leg., R.S., Ch. 323 (H.B. (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. 4, eff. May 23, 2009. 1.01, eff. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 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. Sept. 1, 1997; Acts 2003, 78th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. 900, Sec. THEFT. (2) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code. (3) "Effective consent" includes consent by a person legally authorized to act for the owner. government at the time of the offense and the property appropriated came into the Section 152.175) and in effect on that date. (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. 37), Sec. 900, Sec. (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 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. Acts 2015, 84th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. 349, Sec. (c) For purposes of Subsections (a)(4), (b)(2), (b)(4), and (b)(5), notice must be: (A) registered or certified mail with return receipt requested; or. September 1, 2017. 694), Sec. Today, most theft crimes in Texas are consolidated under Texas Penal Code 31.03, including theft by conversion. (d) An offense under this section is a Class C misdemeanor unless it is shown on the trial of the offense that the actor: (1) has been previously convicted one time of an offense under this section, in which event the offense is a Class B misdemeanor, or convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor; or. Pen. general has concurrent jurisdiction with that consenting local prosecutor to prosecute You be charged with identity theft for stealing any of the following information: Another person's name Fingerprints Date of birth Social Security Number A person is reckless when he is aware of but consciously disregards a substantial and unjustifiable risk that the result will occur. 399, Sec. (e) For the purposes of this section, each connection, attachment, modification, or act of tampering is a separate offense. September 1, 2011. 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. 165, Sec. 479, Sec. Acts 1973, 63rd Leg., p. 883, ch. (1)Restricted-use pesticide means a pesticide classified as a restricted-use pesticide by the administrator 1, eff. 1, eff. Acts 2009, 81st Leg., R.S., Ch. Acts 2015, 84th 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 399, Sec. 497, Sec. 3J.02, eff. (d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. DEFINITIONS. (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. TERRITORIAL JURISDICTION Sec. 4, 5, eff. 843, Sec. 113, Sec. 900, Sec. 1, eff. $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 receipt, or transfer document as required by Chapter 683, Transportation Code, or Under Section 31.03, THEFT is defined as follows: THEFT occurs when a person takes control of another's property and intends to deprive the owner of their property without the owners consent. While legislators continue to fight for felony charges for dog thefts, as of 2020, dogs were not a special class of property in Texas. 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. Acts 2019, 86th 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. Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, ch. 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) 3, eff. (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 Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (j) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the state Medicaid program. 734, Sec. Code 32.55 - Casetext. Stay up-to-date with how the law affects your life. September 1, 2009. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. Absent these criteria, the offense is charged as a misdemeanor. (1) a Class C misdemeanor if the total value of the merchandise involved in the activity is less than $100; (2) a Class B misdemeanor if the total value of the merchandise involved in the activity is $100 or more but less than $750; (3) a Class A misdemeanor if the total value of the merchandise involved in the activity is $750 or more but less than $2,500; (4) a state jail felony if the total value of the merchandise involved in the activity is $2,500 or more but less than $30,000; (5) a felony of the third degree if the total value of the merchandise involved in the activity is $30,000 or more but less than $150,000; (6) a felony of the second degree if the total value of the merchandise involved in the activity is $150,000 or more but less than $300,000; or. 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 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. 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