1234 (S.B. commit the offense or an opportunity to engage in conduct constituting the offense; Theft in Texas is defined as an individual unlawfully taking property with the intent of depriving the owner of the property permanently. (9)an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. Added by Acts 2017, 85th Leg., R.S., Ch. 12, eff. September 1, 2015. 858, Sec. 13, eff. (c) An offense under Subsection (b)(1) is a Class B misdemeanor. 1251 (H.B. Acts 2007, 80th Leg., R.S., Ch. 1.01, eff. (a)A person commits an offense if he unlawfully appropriates property with intent Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. Packers and Stockyards Act (7 U.S.C. 1766), Sec. | https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/. Jan. 1, 1974. A person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section . Sept. 1, 1995. 900, 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. (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. 4, eff. Class B misdemeanor for theft of property from $100 . (2)State-limited-use pesticide means a pesticide classified as a state-limited-use pesticide by the Department (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. 548), 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. September 1, 2013. (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. (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 1, eff. THEFT Sec.A31.01.AADEFINITIONS. Aug. 28, 1995; Acts 1999, 76th Leg., ch. (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 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, 2003; Acts 2003, 78th Leg., ch. or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, (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. 2, eff. 31.02. Section 228b), that obtains livestock from a commission merchant by representing that the actor will make prompt payment is presumed to have induced the commission merchant's consent by deception if the actor fails to make full payment in accordance with Section 409, Packers and Stockyards Act (7 U.S.C. 1, eff. 1, eff. 399, Sec. 900, Sec. 120 (S.B. 323 (H.B. September 1, 2007. In order for the taking of property to be unlawful, Texas Penal Code 31.03 specifies that one of the following must be the case: The property was taken without consent from the owner 1, eff. public servant; (2)the actor was in a contractual relationship with government at the time of the 1396), Sec. (3) the actor was solicited to commit the offense by a peace officer, and the solicitation was of a type that would encourage a person predisposed to commit the offense to actually commit the offense, but would not encourage a person not predisposed to commit the offense to actually commit the offense. Theft is a Class C misdemeanor if the property stolen is worth less than $100. 2, 3, eff. THEFT OF TRADE SECRETS. 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, SHORT TITLE Sec. (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. 1, eff. (B)fails to file with the county tax assessor-collector of the county in which the 1, 2, eff. (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. (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. 2482), Sec. 565, Sec. 1, eff. (C)used a shielding or deactivation instrument to prevent or attempt to prevent detection Title 7 - OFFENSES AGAINST PROPERTY. (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. Jan. 1, 1974. (f) 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 enforcement agency, including the use of: (A) an undercover operative or peace officer; or, (2) the actor was provided by a law enforcement agency with a facility in which to commit the offense or with an opportunity to engage in conduct constituting the offense; or. DEFINITIONS. Acts 1973, 63rd Leg., p. 883, ch. (c) An offense under this section is a felony of the third degree. Today, most theft crimes in Texas are consolidated under Texas Penal Code 31.03, including theft by conversion. Section 228b). 5, eff. Sept. 1, 1999. the license plate number and the make, motor number, and vehicle identification number (d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law. 497, Sec. been previously stolen from another if the actor pays for or loans against the property Sept. 1, 1994. 858, Sec. 1219 (S.B. (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. (B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. 1, 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. the delivery, the license plate number of the motor vehicle in which the part was Theft is a class A misdemeanor if the value of the stolen property or services is $750 or more but less than $2,500. Sept. 1, 1994; Acts 1995, 74th Leg., ch. (B) tangible or intangible personal property including anything severed from land; or. 260 (H.B. Jan. 1, 1974. (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. (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. Copyright 2023, Thomson Reuters. 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; September 1, 2011. 141 (S.B. 284(80), eff. Sec. 318, Sec. received the motor vehicle, the registration license receipt and certificate of title (g) It is a defense to prosecution under this section that: (1) the defendant secured the performance of the service by giving a post-dated check or similar sight order to the person performing the service; and. (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. 4, 5, eff. 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. 10, eff. 1.01, eff. ACTOR'S INTEREST IN PROPERTY. INTRODUCTORY PROVISIONS CHAPTER 1. 3, eff. number of the seller or pledgor; (B)fails to record a complete description of the property, including the serial number, The term includes an automated banking machine. offense to actually commit the offense. (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. stolen by another; or. (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. Added by Acts 2015, 84th Leg., R.S., Ch. THEFT OF SERVICE. (1)evidence that the actor has previously participated in recent transactions other September 1, 2009. 671), Sec. 31.20 Mail Theft (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Sept. 1, 1983; Acts 1985, 69th Leg., ch. (C) a document, including money, that represents or embodies anything of value. Texas Penal Code - PENAL 32.51. 1, eff. from sounding; or. 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