(B) tangible or intangible personal property including anything severed from land; or. (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. 120 (S.B. 2, eff. (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. Section 32.51 Texas Penal Code Sec. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. Section 152.175) and in effect on that date. (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. (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. 900, Sec. property is less than 10 head of sheep, swine, or goats or any part thereof under 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; 2482), Sec. 31.14. THEFT. 295 (H.B. 1, eff. Sept. 1, 1995. 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. 903 (H.B. delivered; or. Failure to prove the element of value will make it impossible for the prosecutor to convict you of a felony theft charge. Acts 2013, 83rd Leg., R.S., Ch. stolen by another; or. 1766), Sec. 318, Sec. (2) "Identifying information" has the meaning assigned by Section 32.51. (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. 31.19. THEFT. VALUE. that all recorded liens on the motor vehicle have been released; or. 5, eff. (E) promising performance that is likely to affect the judgment of another in the transaction and that the actor does not intend to perform or knows will not be performed, except that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed. Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. September 1, 2017. 1.01, eff. (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) In this section, "petroleum product" means crude oil, natural gas, or condensate. (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. (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. 497, Sec. Acts 2007, 80th Leg., R.S., Ch. by any law enforcement agent to the actor as being stolen and the actor appropriates 10, eff. 399, Sec. 1, eff. (C) the property stolen is a driver's license, commercial driver's license, or personal identification certificate issued by this state or another state; (3) a Class A misdemeanor if the value of the property stolen is $750 or more but less than $2,500; (A) the value of the property stolen is $2,500 or more but less than $30,000, or the property is less than 10 head of sheep, swine, or goats or any part thereof under the value of $30,000; (B) regardless of value, the property is stolen from the person of another or from 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 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 election; or. September 1, 2009. (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. 821), Sec. a pharmacy, clinic, hospital, nursing facility, or warehouse; or. 14, Sec. (1) "Restricted-use pesticide" means a pesticide classified as a restricted-use pesticide by the administrator of the Environmental Protection Agency under 7 U.S.C. 5, eff. 3J.02, eff. is: (5)a felony of the third degree if the value of the property stolen is $30,000 or Added by Acts 1979, 66th Leg., p. 417, ch. 694), Sec. Section 228b), that obtains livestock from a commission merchant by representing that the actor (4) a felony of the first degree if the total value of the petroleum product appropriated is $300,000 or more. (c) An offense under Subsection (b)(1) is a Class B misdemeanor. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. Sept. 1, 2003. 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. 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. general has concurrent jurisdiction with that consenting local prosecutor to prosecute 128 (S.B. Sec. of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient Acts 2011, 82nd Leg., R.S., Ch. A person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section . Acts 2011, 82nd Leg., R.S., Ch. (a) A person commits an offense if he commits robbery as defined in Section 29.02, and he: (1) causes serious bodily injury to another; (2) uses or exhibits a deadly weapon; or (3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is: the value of $30,000; (B)regardless of value, the property is stolen from the person of another or from (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. enforcement agency; (6)an actor engaged in the business of obtaining abandoned or wrecked motor vehicles 1.08. 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. offense to actually commit the offense. 3, eff. 105 (H.B. Acts 2009, 81st Leg., R.S., Ch. 30. Section 228b). Section 152.175) and in effect on that date. 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. Texas Penal Code TEXAS PENAL CODE TITLE 1. Acts 2015, 84th Leg., R.S., Ch. $100-$750: Class B misdemeanor punishable by 180 days in jail and a fine up to $2,000. (e) For the purposes of this section, each connection, attachment, modification, or act of tampering is a separate offense. THEFT OF PETROLEUM PRODUCT. 323, Sec. 671), Sec. (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 (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. (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 Acts 2011, 82nd Leg., R.S., Ch. PRESUMPTION FOR THEFT BY CHECK OR SIMILAR SIGHT ORDER. (a)A person commits an offense if he unlawfully appropriates property with intent (C) a document, including money, that represents or embodies anything of value. (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. (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 Jan. 1, 1974. a certificate of title showing that the motor vehicle is not subject to a lien or Under Texas Penal Code 22.04 (a), a person commits the offense of injury to a child, elderly individual, or disabled individual if they cause a serious bodily injury, serious mental deficiency, impairment, or injury, or bodily injury to a child, elderly individual, or disabled individual. Theft - last updated April 14, 2021 (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. 165, Sec. 399, Sec. 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). (3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another. ORGANIZED RETAIL THEFT. Sec. In Texas, prosecutors typically charge auto theft under Penal Code Section 31.07, Unauthorized Use of a Motor Vehicle, which is a State Jail Felony. The statute defines theft as unlawfully appropriating property with the intent to deprive the owner of the property. Acts 2009, 81st Leg., R.S., Ch. (2) knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument. OFFENSES AGAINST PROPERTY CHAPTER 31. Acts 2009, 81st Leg., R.S., Ch. September 1, 2015. 323 (H.B. Theft is a Class C misdemeanor if the property stolen is worth less than $100. SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. 1251 (H.B. 1.07. Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. Acts 2009, 81st Leg., R.S., Ch. 113, Sec. 1234 (S.B. (B) to acquire or otherwise exercise control over property other than real property. (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 565, Sec. received the motor vehicle, the registration license receipt and certificate of title the name, age, address, sex, and driver's license number of the seller or person making September 1, 2009. if reasonably available, or other identifying characteristics; or. (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. (c) An offense under this section is a Class A misdemeanor. commit the offense or an opportunity to engage in conduct constituting the offense; Acts 2011, 82nd Leg., R.S., Ch. (C)fails on receipt of a motor vehicle to immediately remove an unexpired license Texas theft Liability Act: Victims of a petroleum product '' means crude oil, natural gas, warehouse! 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