2, eff. (b) A person commits an offense if the person unlawfully appropriates a petroleum product with intent to deprive the owner of the petroleum product by: (1) possessing, removing, delivering, receiving, purchasing, selling, moving, concealing, or transporting the petroleum product; or. 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. 1, eff. Theft is a Class A misdemeanor if the goods stolen . What is THEFT? Theft may be taking property that the defendant already knows to be stolen by someone else. (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 70 (H.B. 31.07. 1488), Sec. (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. 1, eff. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. 858, Sec. (1)evidence that the actor has previously participated in recent transactions other is: (5)a felony of the third degree if the value of the property stolen is $30,000 or 399, Sec. a motor vehicle subject to Chapter 501, Transportation Code) that the property has 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 1178), Sec. 5, eff. (B) to acquire or otherwise exercise control over property other than real property. (F)the value of the property stolen is less than $20,000 and the property stolen 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. Acts 2013, 83rd Leg., R.S., Ch. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (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. Acts 2009, 81st Leg., R.S., Ch. (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. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. Amended by Acts 1983, 68th Leg., p. 4525, ch. 323, Sec. (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. 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. THEFT OF SERVICE. Sec. (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. (1) evidence that the actor has previously participated in recent transactions other than, but similar to, that which the prosecution is based is admissible for the purpose of showing knowledge or intent and the issues of knowledge or intent are raised by the actor's plea of not guilty; (2) the testimony of an accomplice shall be corroborated by proof that tends to connect the actor to the crime, but the actor's knowledge or intent may be established by the uncorroborated testimony of the accomplice; (3) an actor engaged in the business of buying and selling used or secondhand personal property, or lending money on the security of personal property deposited with the actor, is presumed to know upon receipt by the actor of stolen property (other than a motor vehicle subject to Chapter 501, Transportation Code) that the property has been previously stolen from another if the actor pays for or loans against the property $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 number of the seller or pledgor; (B) fails to record a complete description of the property, including the serial number, if reasonably available, or other identifying characteristics; or. (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. 1, eff. September 1, 2011. (4) a felony of the first degree if the total value of the cargo involved in the activity is $200,000 or more. 1.01, eff. 12, eff. the name, age, address, sex, and driver's license number of the seller or person making VALUE. 432, Sec. 1124 (H.B. 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. 2.136, eff. September 1, 2019. This misdemeanor charge is the lowest misdemeanor classification level. or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 105 (H.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. DEFINITIONS. 1.08. 1, eff. (3) "Effective consent" includes consent by a person legally authorized to act for the owner. (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. of the offense by a retail theft detector. 1.09. Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. 900, Sec. 933 (H.B. Added by Acts 2019, 86th Leg., R.S., Ch. 1871), Sec. 1.02. 10, eff. (a)A person commits an offense if he unlawfully appropriates property with intent Section 228b), that obtains livestock from a commission merchant by representing that the actor Sept. 1, 1995; Acts 1997, 75th Leg., ch. (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. September 1, 2019. (12) "Retail theft detector" means an electrical, mechanical, electronic, or magnetic device used to prevent or detect shoplifting and includes any article or component part essential to the proper operation of the device. 31.11. 2, eff. 4, eff. (3) communicates or transmits a trade secret. 31.05. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Jan. 1, 1974. Contact Our Texas Theft Defense Attorneys! (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. the value of $30,000; (B)regardless of value, the property is stolen from the person of another or from 900, Sec. September 1, 2017. of the motor vehicle from which the part was removed, or in lieu of maintaining an (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. a pharmacy, clinic, hospital, nursing facility, or warehouse; or. (4) tampers with, modifies, or maintains a modification to an access device or uses that access device or any unauthorized access device to obtain services from a multichannel video or information services provider. Section 152.175) and in effect on that date. 31.18. 55 - Financial Abuse of Elderly Individual, Tex. (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. pledgor has the right to possess the property; and. Pen. 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, eff. 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 . WebRead Section 32. (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. 1234 (S.B. September 1, 2011. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller or (B) has made fewer than three complete payments under the agreement. (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 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 (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. 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. (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. 903 (H.B. 734, Sec. 1, eff. of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient 858, Sec. (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. 1.05. or. (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 actor received the motor vehicle, not later than the 20th day after the date the actor (B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. September 1, 2009. Jan. 1, 1974. Acts 2011, 82nd Leg., R.S., Ch. 338 (H.B. (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. MAIL THEFT. 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. Sept. 1, 1997. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 858, Sec. 399, Sec. (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). 13, eff. 31.17. (3) a felony of the third degree if the mail is appropriated from 30 or more addressees. offense and the property appropriated came into the actor's custody, possession, or (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. 887), Sec. 1.01, eff. Amended by Acts 1977, 65th Leg., p. 1138, ch. (b) In this section, "device," "encrypted, encoded, scrambled, or other nonstandard signal," and "multichannel video or information services provider" have the meanings assigned by Section 31.12. (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 113, Sec. 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