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, more but less than $150,000, or the property is: (A)cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $150,000; (B)10 or more head of sheep, swine, or goats stolen during a single transaction and The punishment for a class A misdemeanor can include a fine of no more than $4,000, imprisonment for no more than one year, or both. (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the offense, a person engaged in an activity described by Subsection (b) intentionally, knowingly, or recklessly: (e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1994; Acts 1997, 75th Leg., ch. In this chapter: (1)AA"Deception" means: (A)AAcreating 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; 46 (S.B. 1124 (H.B. been convicted of any grade of theft; or. 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 Sept. 1, 1993; Acts 1993, 73rd Leg., ch. a motor vehicle subject to Chapter 501, Transportation Code) that the property has It is the express intent of this provision that the presumption arises unless the (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. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. stolen by another; or. 565, Sec. 324 (S.B. (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. (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. May 23, 2009. (d-4) A presumption established under Subsection (b) involving a defendant's failure to return property held under an agreement described by Subsections (d-2)(1)-(3) may be refuted if the defendant shows that the defendant: (1) intended to return the property; and. Sec. You be charged with identity theft for stealing any of the following information: Another person's name Fingerprints Date of birth Social Security Number (9)an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. (3)the actor was solicited to commit the offense by a peace officer, and the solicitation (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. Mail Theft 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. Sec. 1, eff. (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. (f) Notwithstanding any other provision of this code, any police or other report of stolen vehicles by a political subdivision of this state shall include on the report any rental vehicles whose renters have been shown to such reporting agency to be in violation of Subsection (b)(2) and shall indicate that the renting agency has complied with the notice requirements demanding return as provided in this section. 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. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2007. September 1, 2009. V.T.C.A., Transportation Code 520.031 et seq. Acts 2011, 82nd Leg., R.S., Ch. 1871), Sec. 1, eff. Sec. SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. Acts 2011, 82nd 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. (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. 1.01, eff. Acts 2007, 80th Leg., R.S., Ch. of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient impulses to a financial institution or through the recording of electronic impulses 1, eff. from sounding; or. September 1, 2017. 1.01, eff. GENERAL PROVISIONS Sec. inventory, fails to record the name and certificate of inventory number of the person 1.01, eff. if reasonably available, or other identifying characteristics; or. 1, eff. or a compound, mixture, or preparation containing a restricted-use or state-limited-use 30. 724, Sec. (2) transfers to a third party information obtained as described by Subdivision (1). Sec. $750-$2,500: Class A misdemeanor punishable by one year of jail time and a fine of up to $4,000. Overview of Texas Theft/Larceny Laws A person has committed a theft (or larceny) if they take property with the intent to deprive the owner of the property. (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: 31.03. 821), Sec. Class C misdemeanor. 191, Sec. (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. Code 32.55. 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. 1276, Sec. Sec. (B) tangible or intangible personal property including anything severed from land; or. $100-$750: Class B misdemeanor punishable by 180 days in jail and a fine up to $2,000. 31.11. 399, Sec. Sept. 1, 1983; Acts 1985, 69th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1999. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 2, eff. Amended by Acts 1977, 65th Leg., p. 1138, ch. Acts 2011, 82nd Leg., R.S., Ch. Sec. maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, 1.02. 900, Sec. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. What Qualifies as Identifying Information? 858, Sec. machine; or. (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. THEFT. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. THEFT OF SERVICE. (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. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. or. 900, 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. Acts 2017, 85th Leg., R.S., Ch. 323, 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. (f)An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased 5, eff. (B)fails to file with the county tax assessor-collector of the county in which the is: (5)a felony of the third degree if the value of the property stolen is $30,000 or will make prompt payment is presumed to have induced the commission merchant's consent 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. (B) registered or certified mail with return receipt requested; (2) is addressed to the issuer at the issuer's address shown on: (B) the records of the bank or other drawee; or, (C) the records of the person to whom the check or order has been issued or passed; and, "This is a demand for payment in full for a check or order not paid because of a lack of funds or insufficient funds. Acts 2009, 81st Leg., R.S., Ch. (c) This section does not prohibit the manufacture, distribution, advertisement, offer for sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law. 497, Sec. 858, Sec. (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. (B) a reasonable person in the position of the actor would have known that the serial number or other permanent identification marking has been removed, altered, or obliterated. Sept. 1, 1994. public servant; (2)the actor was in a contractual relationship with government at the time of the executed certificate of title to the motor vehicle at the time the motor vehicle was 1828), Sec. Under Texas Penal Code 22.04 (a), a person commits the offense of injury to a child, elderly individual, or disabled individual if they cause a serious bodily injury, serious mental deficiency, impairment, or injury, or bodily injury to a child, elderly individual, or disabled individual. 203, Sec. COMPUTATION OF AGE Sec. Acts 1973, 63rd Leg., p. 883, ch. actor, is presumed to know upon receipt by the actor of stolen property (other than Sept. 1, 1997; Acts 2003, 78th Leg., ch. (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. September 1, 2011. (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. 419, Sec. Acts 2011, 82nd Leg., R.S., Ch. On September 1, 2015, the Texas House of Representatives passed a bill which amended several laws, including the section of the Texas Penal Code that covers theft offenses. 2.136, eff. 31.10. 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. 1, eff. 31.05. (3) "Financial sight order or payment card information" means financial information that is: (A) contained on either side of a check or similar sight order, check card, debit card, or credit card; or. Pen. 1, eff. Acts 2009, 81st Leg., R.S., Ch. WebRead Section 32. Code 32.55 - Casetext. (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. Contact us. pledgor has the right to possess the property; and. 3097), Sec. September 1, 2007. Sec. "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. Sept. 1, 1999. (2) the greatest amount of economic loss that the owner might reasonably suffer by virtue of loss of the document, if the document is other than evidence of a debt. 671), Sec. 543, Sec. Acts 2009, 81st Leg., R.S., Ch. Amended by Acts 1975, 64th Leg., p. 914, ch. 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 . 31.13. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 30.237, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. Id. 105 (H.B. September 1, 2019. 128 (S.B. September 1, 2015. Acts 1973, 63rd Leg., p. 883, ch. (7) "Steal" means to acquire property or service by theft. 245, Sec. 2482), Sec. (j)With the consent of the appropriate local county or district attorney, the attorney (c) An offense under this section is a felony of the third degree. the actor to the crime, but the actor's knowledge or intent may be established by 741, Sec. (F) the value of the property stolen is less than $20,000 and the property stolen is: (5) a felony of the third degree if the value of the property stolen is $30,000 or more but less than $150,000, or the property is: (A) cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $150,000; (B) 10 or more head of sheep, swine, or goats stolen during a single transaction and having an aggregate value of less than $150,000; or. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. September 1, 2011. number of the seller or pledgor; (B)fails to record a complete description of the property, including the serial number, September 1, 2013. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Sept. 1, 1997. (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 the license plate number and the make, motor number, and vehicle identification number Section 32.51 Texas Penal Code Sec. (3) "Effective consent" includes consent by a person legally authorized to act for the owner. CONSTRUCTION OF CODE Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 134.001). (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. 3, eff. Tex. 1, eff. the name, age, address, sex, and driver's license number of the seller or person making Texas Penal Code TEXAS PENAL CODE TITLE 1. THEFT OF SERVICE. 1251 (H.B. (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. (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. 2022 California Code Penal Code - PEN PART 1 - OF CRIMES AND PUNISHMENTS TITLE 9 - OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS CHAPTER 13 . Theft of a vehicle worth less than $2,500 is a misdemeanor and any theft above that amount constitutes a felony. 1, eff. 558, 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. 10, eff. September 1, 2009. Sept. 1, 2003. 4, eff. 10, eff. Added by Acts 1979, 66th Leg., p. 417, ch. 4, eff. Acts 2017, 85th Leg., R.S., Ch. 1, eff. If found guilty of a Class C misdemeanor, the offender faces a maximum fine of $500. 455, Sec. (2) possesses, sells, or offers for sale tangible personal property and: (A) the actor knows that the serial number or other permanent identification marking has been removed, altered, or obliterated; or. (7) a felony of the first degree if the value of the service stolen is $300,000 or more. (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. Acts 2007, 80th Leg., R.S., Ch. 15, eff. 257, Sec. ORGANIZED RETAIL THEFT. (2) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code. Texas Penal Code Section 30.02 - Burglary WebTexas Penal Code Sec. ACTOR'S INTEREST IN PROPERTY. PRESUMPTION FOR THEFT BY CHECK OR SIMILAR SIGHT ORDER. 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. (9) "Used or secondhand motor vehicle" means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code. who sold or delivered the motor vehicle to the actor to deliver to the actor a properly 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) (1)evidence that the actor has previously participated in recent transactions other Sec. (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. Start: Jan 22, 2023 Get Offer Offer 31.06. Jan. 1, 1974. 1, eff. September 1, 2011. Contact Our Texas Theft Defense Attorneys! Section 228b), that obtains livestock from a commission merchant by representing that the actor 1, eff. (g)For the purposes of Subsection (a), a person is the owner of exotic livestock Section 501(a), Internal Revenue Code of 1986, https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/, Read this complete Texas Penal Code - PENAL 31.03. Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. Copyright 2023, Thomson Reuters. 1.01, eff. (a) For purposes of this section: (1) "Article" means any object, material, device, or substance or any copy thereof, including a writing, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map. to know on receipt by the actor of the motor vehicle that the motor vehicle has been Theft is a Class C misdemeanor if the property stolen is worth less than $100. 31.20. Chapter 31 of the Texas Penal Code governs the crime of THEFT in Texas. September 1, 2017. Sec. 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. 31.01. 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