theft from person texas penal code

Code 32.55. Section 32.51 Texas Penal Code Sec. Theft - last updated April 14, 2021 September 1, 2009. Tex. An offense under Subsection (b)(2) is a Class A misdemeanor. of showing knowledge or intent and the issues of knowledge or intent are raised by DEFINITIONS Sec. 128 (S.B. (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. 2482), Sec. 1, eff. The Texas Penal Study Guide and Workbook : An Officer's guide to understanding and working with the Texas Penal Code represents the primary source of penal offenses utilized by peace officers to report prohibited conduct as violations of law. 1.03. 1251 (H.B. 2.136, eff. 901, Sec. 900, Sec. (9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. 9, eff. September 1, 2015. SHORT TITLE Sec. 31.15. It is the express intent of this provision that the presumption arises unless the (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. You be charged with identity theft for stealing any of the following information: Another person's name Fingerprints Date of birth Social Security Number (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. (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. (2) "Encrypted, encoded, scrambled, or other nonstandard signal" means any type of signal or transmission not intended to produce an intelligible program or service without the use of a device, signal, or information provided by a multichannel video or information services provider. VALUE. (c) If written notice is given in accordance with Subsection (b), it is presumed that the notice was received no later than five days after it was sent. The victim can collect actual damages plus up to $1,000.00 against an individual, or up to $5,000.00 against the parents or guardians of a minor (Sec. Amended by Acts 1975, 64th Leg., p. 914, ch. 2482), Sec. 1, eff. 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 1396), Sec. Wholesale distributor of prescription drugs. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 342, Sec. to the next higher category of offense if it is shown on the trial of the offense (4) a felony of the first degree if the total value of the petroleum product appropriated is $300,000 or more. Sept. 1, 1975; Acts 1985, 69th Leg., ch. 1, eff. 2, eff. of the Environmental Protection Agency under 7 U.S.C. Acts 2011, 82nd Leg., R.S., Ch. THEFT Sec.A31.01.AADEFINITIONS. Acts 2017, 85th Leg., R.S., Ch. OBJECTIVES OF CODE Sec. (b) A person commits an offense if the person: (1) knowingly or intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, abandons, or disposes of: (B) cargo explicitly represented to the person as being stolen cargo; or. Sec. or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide 399, Sec. Texas Penal Code Section 30.02 - Burglary WebTexas Penal Code Sec. Sec. PRESUMPTION FOR THEFT BY CHECK OR SIMILAR SIGHT ORDER. (6)Wholesale distributor of prescription drugs means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. 2, eff. commit the offense or an opportunity to engage in conduct constituting the offense; 4, eff. 1.04. Appropriation of property is unlawful if: it is without the owner's effective consent; the property is stolen and the actor appropriates the property knowing it was stolen by another; or Tex. 1.06. 429, Sec. 1.01, eff. than, but similar to, that which the prosecution is based is admissible for the purpose (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 is an automated teller machine or the contents or components of an automated teller machine; or. 1153, Sec. 109, Sec. Sec. September 1, 2009. State Jail Felony Theft Theft is a state jail felony if: Sec. (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. (C)the property stolen is a driver's license, commercial driver's license, or personal (2) making or causing a connection to be made with, or drilling or tapping or causing a hole to be drilled or tapped in, a pipe, pipeline, or tank used to store or transport a petroleum product. Sept. 1, 2003. THEFT. 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 Sec. Acts 2017, 85th Leg., R.S., Ch. It is the express intent of this provision that the presumption arises unless the 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, or other official number capable of identifying an individual; (5) stolen property does not lose its character as stolen when recovered by any law enforcement agency; (6) an actor engaged in the business of obtaining abandoned or wrecked motor vehicles or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, rebuilding, demolition, or other form of salvage is presumed to know on receipt by the actor of stolen property that the property has been previously stolen from another if the actor knowingly or recklessly: (A) fails to maintain an accurate and legible inventory of each motor vehicle component part purchased by or delivered to the actor, including the date of purchase or delivery, the name, age, address, sex, and driver's license number of the seller or person making the delivery, the license plate number of the motor vehicle in which the part was delivered, a complete description of the part, and the vehicle identification number of the motor vehicle from which the part was removed, or in lieu of maintaining an inventory, fails to record the name and certificate of inventory number of the person 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 receipt, or transfer document as required by Chapter 683, Transportation Code, or a certificate of title showing that the motor vehicle is not subject to a lien or that all recorded liens on the motor vehicle have been released; or. 10, eff. 1.01, eff. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 203, Sec. Section 152.175) and in effect on that date. 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. 323 (H.B. 10, eff. (c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property. September 1, 2011. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. 338 (H.B. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. if the actor knowingly or recklessly: (A)fails to maintain an accurate and legible inventory of each motor vehicle component 165, Sec. 2, eff. 10, 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. 120 (S.B. Title 7 - OFFENSES AGAINST PROPERTY. 1245, Sec. For purposes of Subsections (b)(4)(A) and (B) and (b)(5), if written notice is given in accordance with Subsection (c), it is presumed that the notice was received not later than five days after the notice was sent. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 323 (H.B. (i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. (a)A person commits an offense if he unlawfully appropriates property with intent (3) communicates or transmits a trade secret. 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. Added by Acts 1999, 76th Leg., ch. 1488), Sec. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of 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 1.01, eff. (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. 741, Sec. 14, Sec. (13) "Shielding or deactivation instrument" means any item or tool designed, made, or adapted for the purpose of preventing the detection of stolen merchandise by a retail theft detector. 31.09. September 1, 2009. (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 1, eff. Texas Penal Code Sec. (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. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 323 (H.B. (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. Financial exploitation of the elderly is a criminal offense in Texas that has been in the statutes since 2011. (1)Restricted-use pesticide means a pesticide classified as a restricted-use pesticide by the administrator 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. (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. (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. came into the actor's custody, possession, or control by virtue of his status as a Read the full Texas Code for more information. Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, ch. 724, Sec. (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. government at the time of the offense and the property appropriated came into the $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. 12.22). actor's custody, possession, or control by virtue of the contractual relationship; 105 (H.B. (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 393, Sec. Class B misdemeanor for theft of property from $100 . stolen by another; or. 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. (g)For the purposes of Subsection (a), a person is the owner of exotic livestock (11) "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment. (2)State-limited-use pesticide means a pesticide classified as a state-limited-use pesticide by the Department Sec. (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. Jan. 1, 1974. Pen. September 1, 2009. Jan. 1, 1974. (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. 1, eff. 2, eff. (4) a felony of the first degree if the total value of the cargo involved in the activity is $200,000 or more. The term includes an automated banking machine. pesticide is presumed to know on receipt by the actor of the pesticide or compound, 15.001, eff. (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. 1024), Sec. September 1, 2011. (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. listed in the rules adopted under that section (4 TAC Section 7.24) as that section existed on that date. election; or. Sec. Texas Penal Code - PENAL 32.51. property is less than 10 head of sheep, swine, or goats or any part thereof under Acts 1973, 63rd Leg., p. 883, ch. (TX Penal Code Ann 6.03(c)) Matter of Franklin , 20 I&N Dec. 867(BIA1994) No. 432, Sec. (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. (3) permits the individual to become the owner of the property. been previously stolen from another if the actor pays for or loans against the property September 1, 2015. the delivery, the license plate number of the motor vehicle in which the part was Theft may be taking property that the defendant already knows to be stolen by someone else. 1, eff. 348), Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 2, eff. 284(80), eff. the property believing it was stolen by another. $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 Sept. 1, 1997. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, ch. GENERAL PROVISIONS Sec. the actor to the crime, but the actor's knowledge or intent may be established by 323, Sec. Acts 2015, 84th Leg., R.S., Ch. 1466), Sec. a pharmacy, clinic, hospital, nursing facility, or warehouse; or. Sec. (b) An offense under this section is a state jail felony. receipt, or transfer document as required by Chapter 683, Transportation Code, or Added by Acts 2001, 77th Leg., ch. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. A person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section . INTRODUCTORY PROVISIONS CHAPTER 1. 31.05. 318, Sec. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 399, Sec. MANUFACTURE, DISTRIBUTION, OR ADVERTISEMENT OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. (B) fails to file with the county tax assessor-collector of the county in which the actor received the motor vehicle, not later than the 20th day after the date the actor received the motor vehicle, the registration license receipt and certificate of title or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 520, Transportation Code, at the time the motor vehicle was delivered; (8) an actor who purchases or receives from any source other than a licensed retailer or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide or a compound, mixture, or preparation containing a restricted-use or state-limited-use pesticide is presumed to know on receipt by the actor of the pesticide or compound, mixture, or preparation that the pesticide or compound, mixture, or preparation has 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 compound, mixture, or preparation purchased or received; and, (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property; and. - Regular Session . (c) An offense under Subsection (b)(1) is a Class B misdemeanor. Theft in Texas is defined as an individual unlawfully taking property with the intent of depriving the owner of the property permanently. 1, eff. or. 694), Sec. (9) "Used or secondhand motor vehicle" means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code. 1871), Sec. (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. 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 Acts 1973, 63rd Leg., p. 883, ch. September 1, 2011. (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 of the motor vehicle from which the part was removed, or in lieu of maintaining an Theft (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 1, eff. (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. Section 228b). 399, Sec. 671), Sec. (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. 338 (H.B. (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. Amended by Acts 1991, 72nd Leg., ch. 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. 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. September 1, 2007. mixture, or preparation that the pesticide or compound, mixture, or preparation has Cite this article: FindLaw.com - Texas Penal Code - PENAL 31.03. 31.08. 165, Sec. (E) given by a person who by reason of advanced age is known by the actor to have a diminished capacity to make informed and rational decisions about the reasonable disposition of property. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. that all recorded liens on the motor vehicle have been released; or. Section 228b), that obtains livestock from a commission merchant by representing that the actor 455, Sec. 753, Sec. (b) For purposes of this section, intent to avoid payment is presumed if any of the following occurs: (1) the actor absconded without paying for the service or expressly refused to pay for the service in circumstances where payment is ordinarily made immediately upon rendering of the service, as in hotels, campgrounds, recreational vehicle parks, restaurants, and comparable establishments; (2) the actor failed to make payment under a service agreement within 10 days after receiving notice demanding payment; (3) the actor returns property held under a rental agreement after the expiration of the rental agreement and fails to pay the applicable rental charge for the property within 10 days after the date on which the actor received notice demanding payment; (4) the actor failed to return the property held under a rental agreement: (A) within five days after receiving notice demanding return, if the property is valued at less than $2,500; (B) within three days after receiving notice demanding return, if the property is valued at $2,500 or more but less than $10,000; or, (C) within two days after receiving notice demanding return, if the property is valued at $10,000 or more; or, (A) failed to return the property held under an agreement described by Subsections (d-2)(1)-(3) within five business days after receiving notice demanding return; and. 858, Sec. a motor vehicle subject to Chapter 501, Transportation Code) that the property has Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 2003. (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. Copyright 2023, Thomson Reuters. Sept. 1, 1999. EFFECT OF CODE Sec. (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 Sept. 1, 1991; Acts 1991, 72nd Leg., ch. (1) a Class C misdemeanor if the value of the property or service is less than $100; (2) a Class B misdemeanor if the value of the property or service is $100 or more but less than $750; (3) a Class A misdemeanor if the value of the property or service is $750 or more but less than $2,500; Acts 2011, 82nd Leg., R.S., Ch. the uncorroborated testimony of the accomplice; (3)an actor engaged in the business of buying and selling used or secondhand personal 31.20. Contact Our Texas Theft Defense Attorneys! 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, (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. 30.239, eff. (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. (7) a felony of the first degree if the value of the service stolen is $300,000 or more. 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. 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. (a) A person commits an offense if, without the authorization of the multichannel video or information services provider, the person intentionally or knowingly: (1) makes or maintains a connection, whether physically, electrically, electronically, or inductively, to: (A) a cable, wire, or other component of or media attached to a multichannel video or information services system; or. By representing that the actor 455, Sec 1989 ; Acts 1993, 73rd Leg. R.S.! An actor who is subject to Chapter 501, Transportation Code, or ADVERTISEMENT of MULTICHANNEL or. 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