(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. OFFENSES AGAINST PROPERTY CHAPTER 31. THEFT. September 1, 2019. (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. commit the offense, but would not encourage a person not predisposed to commit the 1.05. Packers and Stockyards Act (7 U.S.C. Sec. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. 1251 (H.B. Contact Our Texas Theft Defense Attorneys! 3, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. Sec. Theft is a Class C misdemeanor if the property stolen is worth less than $100. offense to actually commit the offense. 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. $100-$750: Class B misdemeanor punishable by 180 days in jail and a fine up to $2,000. Acts 2015, 84th Leg., R.S., Ch. 2.136, eff. (e) An offense described for purposes of punishment by Subsections (c)(1)-(3) is increased to the next higher category of offense if it is shown on the trial of the offense that the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b). an offense under this section that involves the state Medicaid program. (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 been convicted of any grade of theft; or. Sept. 1, 1979. 349, Sec. 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. (2) "Identifying information" has the meaning assigned by Section 32.51. 2482), Sec. Sept. 1, 1995. This misdemeanor charge is the lowest misdemeanor classification level. (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. 4, eff. 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. (2) "State-limited-use pesticide" means a pesticide classified as a state-limited-use pesticide by the Department of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient listed in the rules adopted under that section (4 TAC Section 7.24) as that section existed on that date. September 1, 2011. (7) "Steal" means to acquire property or service by theft. EFFECT OF CODE Sec. A class B misdemeanor is punishable by a maximum 180-day county jail term, $2,000 fine, or both (Texas Penal Code Ann. Acts 2009, 81st Leg., R.S., Ch. (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 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 or evidence of title delivered to the actor in accordance with Subchapter D, Chapter Absent these criteria, the offense is charged as a misdemeanor. (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. 900, Sec. Amended by Acts 1993, 73rd Leg., ch. CONSOLIDATION OF THEFT OFFENSES. 10, eff. 1, eff. 1828), Sec. Added by Acts 2007, 80th Leg., R.S., Ch. 105 (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. (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 person commits an offense if the person intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, or disposes of: (2) merchandise explicitly represented to the person as being stolen retail merchandise. or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, Acts 2017, 85th Leg., R.S., Ch. 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. May 23, 2009. public servant; (2)the actor was in a contractual relationship with government at the time of the Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, 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. (4) "Automated teller machine" means an unstaffed electronic information processing device that, at the request of a user, performs a financial transaction through the direct transmission of electronic impulses to a financial institution or through the recording of electronic impulses or other indicia of a transaction for delayed transmission to a financial institution. 858, Sec. Added by Acts 2015, 84th 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. the actor of stolen property that the property has been previously stolen from another 245, Sec. 1274 (H.B. Cite this article: FindLaw.com - Texas Penal Code - PENAL 31.03. U.S. v.Vargas . (B) has made fewer than three complete payments under the agreement. or exotic fowl as defined by Section 142.001, Agriculture Code, only if the person qualifies to claim the animal under Section 142.0021, Agriculture Code, if the animal is an estray. Sec. 1.01, eff. 1, eff. 1282), Sec. Jan. 1, 1974. Acts 2009, 81st Leg., R.S., Ch. 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 received the motor vehicle, the registration license receipt and certificate of title if reasonably available, or other identifying characteristics; or. Jan. 1, 1974. 900, Sec. (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. 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 . Sept. 1, 1995; Acts 1995, 74th Leg., ch. 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. 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 1219 (S.B. (3) "Mail" means a letter, postal card, package, bag, or other sealed article that: (A) is delivered by a common carrier or delivery service and not yet received by the addressee; or. What is THEFT? or other official number capable of identifying an individual; (5)stolen property does not lose its character as stolen when recovered by any law 1, eff. September 1, 2017. 1163), Sec. 31.10. Amended by Acts 1983, 68th Leg., p. 4525, ch. delivered; or. September 1, 2015. Acts 2007, 80th Leg., R.S., Ch. 1, 2, eff. inventory, fails to record the name and certificate of inventory number of the person September 1, 2011. 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. September 1, 2019. (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) 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. Tex. 1, eff. (B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. 2482), Sec. Acts 2013, 83rd Leg., R.S., Ch. 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