1, eff. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 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 1396), Sec. offense to actually commit the offense. (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. 2, eff. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. 4, eff. (g) For the purposes of Subsection (a), a person is the owner of exotic livestock 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. Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. will make prompt payment is presumed to have induced the commission merchant's consent 1, eff. Acts 2013, 83rd Leg., R.S., Ch. offense and the property appropriated came into the actor's custody, possession, or of a user, performs a financial transaction through the direct transmission of electronic Example: Joe owns a pawn shop. (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. (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. (2) payment was refused by the bank or other drawee for lack of funds or insufficient funds, on presentation within 30 days after issue, and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal. 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 1, eff. (9) "Used or secondhand motor vehicle" means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. (1) a Class C misdemeanor if the value of the service stolen is less than $100; (2) a Class B misdemeanor if the value of the service stolen is $100 or more but less than $750; (3) a Class A misdemeanor if the value of the service stolen is $750 or more but less than $2,500; (4) a state jail felony if the value of the service stolen is $2,500 or more but less than $30,000; (5) a felony of the third degree if the value of the service stolen is $30,000 or more but less than $150,000; (6) a felony of the second degree if the value of the service stolen is $150,000 or more but less than $300,000; or. (j)With the consent of the appropriate local county or district attorney, the attorney 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. September 1, 2007. (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 (3) 46 (S.B. the license plate number and the make, motor number, and vehicle identification number 821), Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 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. (b) An offense under this section is a state jail felony. the actor of stolen property that the property has been previously stolen from another 2524), Sec. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. (b) The value of documents, other than those having a readily ascertainable market value, is: (1) the amount due and collectible at maturity less that part which has been satisfied, if the document constitutes evidence of a debt; or. 1, eff. 304 (H.B. September 1, 2009. 1153, Sec. 15, eff. 1, eff. The statute defines theft as unlawfully appropriating property with the intent to deprive the owner of the property. number of the seller or pledgor; (B)fails to record a complete description of the property, including the serial number, the actor's plea of not guilty; (2)the testimony of an accomplice shall be corroborated by proof that tends to connect According to the Texas Penal Code, coercion is defined as a threat, however communicated: - 1. to harm the credit or business repute of any person - 2. to take or withhold action as a public servant - 3. to cause death or serious bodily injury - 4. to expose a person to hatred, contempt, or ridicule 1,2, &4 10. been convicted of any grade of theft; or. or other indicia of a transaction for delayed transmission to a financial institution. Theft - last updated April 14, 2021 Sec. Added by Acts 2015, 84th Leg., R.S., Ch. September 1, 2015. Theft on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 2, 3, eff. Next . While legislators continue to fight for felony charges for dog thefts, as of 2020, dogs were not a special class of property in Texas. who sold or delivered the motor vehicle to the actor to deliver to the actor a properly (b) A person commits an offense if, with the intent to use the instrument to commit theft, the person: (1) possesses a shielding or deactivation instrument; or. 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.". 1.01, eff. Amended by Acts 1975, 64th Leg., p. 914, 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) an offense under this section that involves the state Medicaid program. Section 228b), that obtains livestock from a commission merchant by representing that the actor Sec. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. OFFENSES AGAINST PROPERTY CHAPTER 31. (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. (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. Theft is a class A misdemeanor if the value of the stolen property or services is $750 or more but less than $2,500. $50 or more but less than $500, or $20 to less than $500 by check: A Class B misdemeanor, with a fine of up to $2,000 and up to 180 days in jail. ACTOR'S INTEREST IN PROPERTY. 113, Sec. 295 (H.B. (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 September 1, 2011. 1, eff. 399, Sec. THEFT OF SERVICE. 1.07. by deception if the actor fails to make full payment in accordance with Section 409, (2) transfers to a third party information obtained as described by Subdivision (1). 55 - Financial Abuse of Elderly Individual, Tex. 724, Sec. 31.17. ORGANIZED RETAIL THEFT. September 1, 2011. (1)evidence that the actor has previously participated in recent transactions other 432, Sec. Added by Acts 2001, 77th Leg., ch. rebuilding, demolition, or other form of salvage is presumed to know on receipt by (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. (e) For the purposes of this section, each connection, attachment, modification, or act of tampering is a separate offense. Sec. What is THEFT? Amended by Acts 1999, 76th Leg., ch. 1178), Sec. 565, Sec. 10, eff. Tex. (i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. (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. (3) communicates or transmits a trade secret. 599, Sec. (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. Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. (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. Pen. (C)fails on receipt of a motor vehicle to immediately remove an unexpired license 3, eff. THEFT Sec.A31.01.AADEFINITIONS. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. Acts 2009, 81st Leg., R.S., Ch. 318, Sec. What Qualifies as Identifying Information? 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. (d) An offense described for purposes of punishment by Subsections (c)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that: (1) the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b); or. 399, Sec. 1488), Sec. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (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. (C)fails to obtain a signed warranty from the seller or pledgor that the seller or 3097), Sec. 31.07. 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. Sept. 1, 2001. 4, eff. commit the offense or an opportunity to engage in conduct constituting the offense; Section 152.175) and in effect on that date. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 4, eff. Theft (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. If you have been charged with felony theft, the State of Texas must prove beyond a reasonable doubt that the item that was allegedly stolen was worth at least $2,500. (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 THEFT OF TRADE SECRETS. (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. (B) tangible or intangible personal property including anything severed from land; or. $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 (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. 9, eff. (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. (3) "Multichannel video or information services provider" means a licensed cable television system, video dialtone system, multichannel multipoint distribution services system, direct broadcast satellite system, or other system providing video or information services that are distributed by cable, wire, radio frequency, or other media. 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 (B) telecommunication, public utility, or transportation service; (C) lodging, restaurant service, and entertainment; and. 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