(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. (9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. (d)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 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 Jan. 1, 1974. 901, Sec. (1)evidence that the actor has previously participated in recent transactions other Acts 2011, 82nd Leg., R.S., Ch. 887), Sec. 4, eff. U.S. v.Vargas . September 1, 2011. (d) 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 an undercover operative or peace officer; (2) the actor was provided by a law enforcement agency with a facility in which to commit the offense or an opportunity to engage in conduct constituting the offense; or. Acts 2009, 81st Leg., R.S., Ch. 1, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. Class B misdemeanor for theft of property from $100 . Acts 2007, 80th Leg., R.S., Ch. pesticide is presumed to know on receipt by the actor of the pesticide or compound, 900, Sec. 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. 1, eff. 31.19. September 1, 2011. Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. 1, eff. In Texas, theft can be charged as a misdemeanor or a felony depending on the value of the property stolen. of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient 32.31 Credit Card or Debit Card Abuse (a) For purposes of this section: (1) "Cardholder" means the person named on the face of a credit card or debit card to whom or for whose benefit the card is issued. 32.53. (B)fails to file with the county tax assessor-collector of the county in which the 1274 (H.B. (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. Sept. 1, 1975; Acts 1985, 69th Leg., ch. The Texas Penal Code defines theft as taking someone else's property without consent, either by deception or by physically stealing it. (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. (F)the value of the property stolen is less than $20,000 and the property stolen (4) a felony of the first degree if the total value of the petroleum product appropriated is $300,000 or more. 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. a pharmacy, clinic, hospital, nursing facility, or warehouse; or. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 543, Sec. 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 Added by Acts 1999, 76th Leg., ch. 12, eff. or evidence of title delivered to the actor in accordance with Subchapter D, Chapter Added by Acts 1995, 74th Leg., ch. enforcement agency, including the use of an undercover operative or peace officer; (2)the actor was provided by a law enforcement agency with a facility in which to 1, eff. Section 228b). (TX Penal Code Ann 6.03(c)) Matter of Franklin , 20 I&N Dec. 867(BIA1994) No. (a) A person commits an offense if the person: (1) knowingly or intentionally removes, alters, or obliterates the serial number or other permanent identification marking on tangible personal property; or. (3)the actor was solicited to commit the offense by a peace officer, and the solicitation of showing knowledge or intent and the issues of knowledge or intent are raised by 284(80), eff. V.T.C.A., Transportation Code 520.031 et seq. 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). Acts 2009, 81st Leg., R.S., Ch. 1.01, eff. 1, eff. 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 September 1, 2011. Sec. actor, is presumed to know upon receipt by the actor of stolen property (other than Sept. 1, 1999. Section 152.175) and in effect on that date. 858, Sec. THEFT. 1215), Sec. Sept. 1, 2001. Acts 2009, 81st Leg., R.S., Ch. 903 (H.B. What Qualifies as Identifying Information? 976 (S.B. the actor's plea of not guilty; (2)the testimony of an accomplice shall be corroborated by proof that tends to connect 128 (S.B. (3) "Effective consent" includes consent by a person legally authorized to act for the owner. CARGO THEFT. (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. 1178), Sec. 31.05. (d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. Acts 2015, 84th Leg., R.S., Ch. 318, Sec. 1, eff. Sept. 1, 2003. 671), Sec. 1, eff. 497, Sec. (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. (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. 1396), Sec. (3)property in the custody of any law enforcement agency was explicitly represented 1.02. 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. 128 (S.B. Theft is a class A misdemeanor if the value of the stolen property or services is $750 or more but less than $2,500. The term includes an automated banking machine. or a compound, mixture, or preparation containing a restricted-use or state-limited-use September 1, 2011. (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. (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. (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. (B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo. offense to actually commit the offense. been previously stolen from another if the actor pays for or loans against the property 900, Sec. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Acts 2017, 85th Leg., R.S., Ch. 2, eff. Next . September 1, 2011. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. (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. or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch. 31.07. 1251 (H.B. of license plates kept under this paragraph, including for each plate or set of plates 1, eff. (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. Amended by Acts 1993, 73rd Leg., ch. 1, eff. UNAUTHORIZED USE OF A VEHICLE. 70 (H.B. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. (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. offense and the property appropriated came into the actor's custody, possession, or (a) A person commits an offense if he intentionally or knowingly operates another's boat, airplane, or motor-propelled vehicle without the effective consent of the owner. Acts 1973, 63rd Leg., p. 883, ch. the uncorroborated testimony of the accomplice; (3)an actor engaged in the business of buying and selling used or secondhand personal Sept. 1, 1985; Acts 1987, 70th Leg., ch. 399, Sec. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed in the federal regulations adopted under that law (40 C.F.R. was of a type that would encourage a person predisposed to commit the offense to actually (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). Sec. part purchased by or delivered to the actor, including the date of purchase or delivery, (C)fails on receipt of a motor vehicle to immediately remove an unexpired license (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. (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. (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 from sounding; or. Cite this article: FindLaw.com - Texas Penal Code - PENAL 31.03. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. 30.237, eff. 55 - Financial Abuse of Elderly Individual, Tex. (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. (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; For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. Current as of April 14, 2021 | Updated by FindLaw Staff. 2022 California Code Penal Code - PEN PART 1 - OF CRIMES AND PUNISHMENTS TITLE 9 - OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS CHAPTER 13 . 31.15. Sept. 1, 1989; Acts 1989, 71st Leg., ch. (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. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. delivered; or. been convicted of any grade of theft; or. 1, eff. 4, eff. 1, eff. 3, eff. public servant; (2)the actor was in a contractual relationship with government at the time of the 9, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. commit the offense, but would not encourage a person not predisposed to commit the Tex. September 1, 2009. (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. 2, eff. the value of $30,000; (B)regardless of value, the property is stolen from the person of another or from Acts 2009, 81st Leg., R.S., Ch. (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. 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). Additionally, theft is automatically a State Jail felony if the stolen property is a firearm or certain types of livestock valued at under $20,000. Start: Jan 22, 2023 Get Offer Offer 3J.01, eff. Section 152.175) and in effect on that date. GENERAL PROVISIONS 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. (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. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. Sept. 1, 1985; Acts 1985, 69th Leg., ch. 295 (H.B. 900, Sec. 338 (H.B. 2.136, eff. 15, eff. 11, eff. Contact us. (B) to acquire or otherwise exercise control over property other than real property. Theft does not only have to be direct taking of another's property. (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. 338 (H.B. Acts 2015, 84th Leg., R.S., Ch. Added by Acts 2007, 80th Leg., R.S., Ch. September 1, 2013. It is no defense to prosecution under this chapter that the actor has an interest in the property or service stolen if another person has the right of exclusive possession of the property. 399, Sec. (e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. Acts 2017, 85th Leg., R.S., Ch. (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. Sec. 565, Sec. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 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. 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. 399, Sec. impulses to a financial institution or through the recording of electronic impulses is an automated teller machine or the contents or components of an automated teller 1 (d-3) For purposes of Subsection (a)(4): (1) if the compensation is or was to be paid on a periodic basis, the intent to avoid payment for a service may be formed at any time during or before a pay period; (2) the partial payment of wages alone is not sufficient evidence to negate the actor's intent to avoid payment for a service; and. 2, eff. 900, Sec. (2) "Identifying information" has the meaning assigned by Section 32.51 (Fraudulent Use or Possession of Identifying Information). 1, eff. (a) A person commits an offense if the person for remuneration intentionally or knowingly manufactures, assembles, modifies, imports into the state, exports out of the state, distributes, advertises, or offers for sale, 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. (c) Except as provided by Subsections (d) and (e), an offense under this section is: (1) a Class A misdemeanor if the mail is appropriated from fewer than 10 addressees; (2) a state jail felony if the mail is appropriated from at least 10 but fewer than 30 addressees; or. Section 228b). (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; (1)Restricted-use pesticide means a pesticide classified as a restricted-use pesticide by the administrator EFFECT OF CODE Sec. 1.08. (i)For purposes of Subsection (c)(9), livestock and commission merchant have the meanings assigned by Section 147.001, Agriculture Code. 1276, Sec. If the value of the property stolen is worth $100 or more, but less than $750, it's a Class B misdemeanor. (1) evidence that the actor has previously participated in recent transactions other than, but similar to, that which the prosecution is based is admissible for the purpose of showing knowledge or intent and the issues of knowledge or intent are raised by the actor's plea of not guilty; (2) the testimony of an accomplice shall be corroborated by proof that tends to connect the actor to the crime, but the actor's knowledge or intent may be established by the uncorroborated testimony of the accomplice; (3) an actor engaged in the business of buying and selling used or secondhand personal property, or lending money on the security of personal property deposited with the actor, is presumed to know upon receipt by the actor of stolen property (other than a motor vehicle subject to Chapter 501, Transportation Code) that the property has been previously stolen from another if the actor pays for or loans against the property $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 number of the seller or pledgor; (B) fails to record a complete description of the property, including the serial number, if reasonably available, or other identifying characteristics; or. 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