1, eff. 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. 543, Sec. delivered, a complete description of the part, and the vehicle identification number Sept. 1, 1995. 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. of license plates kept under this paragraph, including for each plate or set of plates Wholesale distributor of prescription drugs. (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. September 1, 2015. 2, eff. 2, eff. - Regular Session . (2) committed the offense for remuneration, in which event the offense is a Class A misdemeanor, unless it is also shown on the trial of the offense that the actor has been previously convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor with a minimum fine of $2,000 and a minimum term of confinement of 180 days. (c) This section does not prohibit the manufacture, distribution, sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law. 31.15. Theft does not only have to be direct taking of another's property. Added by Acts 1979, 66th Leg., p. 417, ch. (7)a felony of the first degree if the value of the property stolen is $300,000 or 1, eff. (3) a felony of the third degree if the mail is appropriated from 30 or more addressees. Section 228b). (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. (2) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code. (a) A person commits an offense if the person intentionally or knowingly sells or leases, with an intent to aid in the commission of an offense under Section 31.12, a device, a kit or part for a device, or a plan for a system of components wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried or caused by a multichannel video or information services provider. Acts 2015, 84th Leg., R.S., Ch. 900, Sec. (d) If it is shown on the trial of an offense under this section that the appropriated mail contained an item of identifying information and the actor committed the offense with the intent to facilitate an offense under Section 32.51, an offense under this section is: (1) a state jail felony if the mail is appropriated from fewer than 10 addressees; (2) a felony of the third degree if the mail is appropriated from at least 10 but fewer than 20 addressees; (3) a felony of the second degree if the mail is appropriated from at least 20 but fewer than 50 addressees; or. 323 (H.B. 2, eff. pesticide is presumed to know on receipt by the actor of the pesticide or compound, (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, or false token; (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. 30.02 Burglary (a) A person commits an offense if, without the effective consent of the owner, the person: (1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or (2). It is the express intent of this provision that the presumption arises unless the (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. (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. 31.04. 31.10. 3097), Sec. (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04. Acts 2015, 84th Leg., R.S., Ch. 15.001, eff. 1, eff. May 23, 2009. 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. Failure to prove the element of value will make it impossible for the prosecutor to convict you of a felony theft charge. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. the actor's plea of not guilty; (2)the testimony of an accomplice shall be corroborated by proof that tends to connect 497, Sec. 105 (H.B. (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. (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. Jan. 1, 1974. (d) An offense under this section is a Class C misdemeanor unless it is shown on the trial of the offense that the actor: (1) has been previously convicted one time of an offense under this section, in which event the offense is a Class B misdemeanor, or convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor; or. 671), Sec. a certificate of title showing that the motor vehicle is not subject to a lien or (1)evidence that the actor has previously participated in recent transactions other Texas theft charges and penalties are as follows: $100 or less: Class C misdemeanor punishable by a $500 fine and no jail time. (2)State-limited-use pesticide means a pesticide classified as a state-limited-use pesticide by the Department 245, Sec. 298, Sec. (4) a felony of the first degree if the total value of the cargo involved in the activity is $200,000 or more. receipt, or transfer document as required by Chapter 683, Transportation Code, or Current as of April 14, 2021 | Updated by FindLaw Staff. machine; or. Sept. 1, 1999. an offense under this section that involves the state Medicaid program. $750-$2,500: Class A misdemeanor punishable by one year of jail time and a fine of up to $4,000. (2) during the commission of the offense, a person engaged in an activity described by Subsection (b) intentionally, knowingly, or recklessly: (e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (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. Sept. 1, 1999. 10, eff. Sec. 1.04. Sept. 1, 2003. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Read the full Texas Code for more information. While legislators continue to fight for felony charges for dog thefts, as of 2020, dogs were not a special class of property in Texas. election; or. (2) "Credit card" and "debit card" have the meanings assigned by Section 32.31. (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 399, Sec. Sept. 1, 1994; Acts 1995, 74th Leg., ch. THEFT. September 1, 2011. will make prompt payment is presumed to have induced the commission merchant's consent September 1, 2017. 31.09. 31.12. Theft - last updated April 14, 2021 (C)fails to obtain a signed warranty from the seller or pledgor that the seller or if reasonably available, or other identifying characteristics; or. (i)For purposes of Subsection (c)(9), livestock and commission merchant have the meanings assigned by Section 147.001, Agriculture Code. Acts 2011, 82nd Leg., R.S., Ch. (c) An offense under Subsection (b)(1) is a Class B misdemeanor. 1, eff. Acts 2009, 81st Leg., R.S., Ch. 821), Sec. | https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/. Sept. 1, 1999. 1, eff. Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. 113, Sec. Sec. Acts 2007, 80th Leg., R.S., Ch. September 1, 2011. 4, eff. (B) has been left to be collected for delivery by a common carrier or delivery service. Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. 2, eff. (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. September 1, 2011. (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. MAIL THEFT. (1) a state jail felony if the total value of the petroleum product appropriated is less than $10,000; (2) a felony of the third degree if the total value of the petroleum product appropriated is $10,000 or more but less than $100,000; (3) a felony of the second degree if the total value of the petroleum product appropriated is $100,000 or more but less than $300,000; or. (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. All rights reserved. 55 - Financial Abuse of Elderly Individual, Tex. maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, OFFENSES AGAINST PROPERTY CHAPTER 31. 11, eff. (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. 1, eff. of showing knowledge or intent and the issues of knowledge or intent are raised by Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. of the Environmental Protection Agency under 7 U.S.C. Texas Penal Code Section 32.31 - Credit Card or Debit Card Abuse Texas Statutes Penal Code Title 7 Chapter 32 Section 32.31 Texas Penal Code Sec. (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. 1, eff. the value of $30,000; (B)regardless of value, the property is stolen from the person of another or from (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. Sec. Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. (c) If property or service has value that cannot be reasonably ascertained by the criteria set forth in Subsections (a) and (b), the property or service is deemed to have a value of $750 or more but less than $2,500. 900, Sec. 1.01, eff. 900, Sec. the property believing it was stolen by another. 13, eff. Code 32.55. 599, Sec. Amended by Acts 1991, 72nd Leg., ch. 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