(10) "Elderly individual" has the meaning assigned by Section 22.04(c). | https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/. public servant; (2)the actor was in a contractual relationship with government at the time of the THEFT OF TRADE SECRETS. Tex. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the (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. Sept. 1, 2001. (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. September 1, 2011. 1, eff. Sec. 1178), Sec. 1.01, eff. 1.01, eff. Sept. 1, 1979. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 821), Sec. 1, eff. (C) a document, including money, that represents or embodies anything of value. the actor's plea of not guilty; (2)the testimony of an accomplice shall be corroborated by proof that tends to connect 5.01(a)(45), eff. The Texas Penal Code defines theft as taking someone else's property without consent, either by deception or by physically stealing it. 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. Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. (b) For purposes of Subsection (a)(2) or (f)(3), notice may be actual notice or notice in writing that: (A) first class mail, evidenced by an affidavit of service; or. (7) a felony of the first degree if the value of the service stolen is $300,000 or more. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 1, eff. 432, Sec. 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. Sec. Sec. State Jail Felony Theft Theft is a state jail felony if: 1, eff. (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. Acts 2009, 81st Leg., R.S., Ch. Sec. 203, Sec. 31.15. THEFT. from sounding; or. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. number of the seller or pledgor; (B)fails to record a complete description of the property, including the serial number, COMPUTATION OF AGE Sec. (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 Theft may be taking property that the defendant already knows to be stolen by someone else. 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 (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. 1.09. (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. Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, ch. the license plate number and the make, motor number, and vehicle identification number WebRead Section 32. 1.04. 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. Sec. 134.001). Sept. 1, 1999. (d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. 165, Sec. September 1, 2011. 1219 (S.B. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. (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. government at the time of the offense and the property appropriated came into the Acts 2009, 81st Leg., R.S., Ch. 1, eff. Acts 2009, 81st Leg., R.S., Ch. (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. Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code 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. 455, Sec. Acts 2009, 81st Leg., R.S., Ch. Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, ch. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 858, Sec. a certificate of title showing that the motor vehicle is not subject to a lien or 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). 1, eff. September 1, 2015. Texas Penal Code Section 30.02 - Burglary WebTexas Penal Code Sec. of license plates kept under this paragraph, including for each plate or set of plates (2) the greatest amount of economic loss that the owner might reasonably suffer by virtue of loss of the document, if the document is other than evidence of a debt. (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. In this chapter: (A) creating 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; (B) failing to correct a false impression of law or fact that is likely to affect the judgment of another in the transaction, that the actor previously created or confirmed by words or conduct, and that the actor does not now believe to be true; (C) preventing another from acquiring information likely to affect his judgment in the transaction; (D) selling or otherwise transferring or encumbering property without disclosing a lien, security interest, adverse claim, or other legal impediment to the enjoyment of the property, whether the lien, security interest, claim, or impediment is or is not valid, or is or is not a matter of official record; or. Chapter 32 - FRAUD Tex. 1, eff. 1, eff. CONSTRUCTION OF CODE Sec. 4, eff. 1396), Sec. inventory, fails to record the name and certificate of inventory number of the person 1282), Sec. Sept. 1, 1989; Acts 1989, 71st Leg., ch. (f)An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased 1, eff. 1.03. 399, Sec. 1, eff. 37), Sec. Acts 2011, 82nd Leg., R.S., Ch. Amended by Acts 1975, 64th Leg., p. 914, ch. $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. $100-$750: Class B misdemeanor punishable by 180 days in jail and a fine up to $2,000. general has concurrent jurisdiction with that consenting local prosecutor to prosecute 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 TAMPERING WITH IDENTIFICATION NUMBERS. Sept. 1, 1995. THEFT OF SERVICE. 191, Sec. 31.13. 1, eff. been convicted of any grade of theft; or. 1, eff. 497, Sec. Acts 2013, 83rd Leg., R.S., Ch. (d) An offense under this section is a Class A misdemeanor. 3, eff. (j)With the consent of the appropriate local county or district attorney, the attorney property, or lending money on the security of personal property deposited with the 976 (S.B. Section 228b), that obtains livestock from a commission merchant by representing that the actor June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch. 295 (H.B. 4, eff. (2) "Identifying information" has the meaning assigned by Section 32.51. (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: 128 (S.B. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 1, eff. Under the Texas Penal Code Section 32.51, this offense can be either a state jail felony or a felony of the first, second or third degree. Jan. 1, 1974. (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. 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 or. 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. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. 741, Sec. A shipment is considered to be moving in commerce if the shipment is located at any point between the point of origin and the final point of destination regardless of any temporary stop that is made for the purpose of transshipment or otherwise. Theft is a Class A misdemeanor if the goods stolen . (1)Restricted-use pesticide means a pesticide classified as a restricted-use pesticide by the administrator Title 7 - OFFENSES AGAINST PROPERTY. delivered, a complete description of the part, and the vehicle identification number (3) communicates or transmits a trade secret. (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). Sept. 1, 1997; Acts 2003, 78th Leg., ch. (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 (3) 1, eff. 4, eff. the value of $30,000; (B)regardless of value, the property is stolen from the person of another or from 2, 3, eff. Section 152.175) and in effect on that date. 900, Sec. pledgor has the right to possess the property. machine; or. 1, eff. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. (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 Acts 2009, 81st Leg., R.S., Ch. (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. (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 Sec. (1) "Access device," "connection," and "device" mean an access device, connection, or device wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried by a multichannel video or information services provider. 1396), Sec. commit the offense, but would not encourage a person not predisposed to commit the Amended by Acts 1993, 73rd Leg., ch. 901, Sec. Amended by Acts 1983, 68th Leg., p. 4525, ch. (j) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the state Medicaid program. mixture, or preparation that the pesticide or compound, mixture, or preparation has more. MAIL THEFT. The monetary categories applied to certain theft crimes were increased. All rights reserved. (1) a Class C misdemeanor if the value of the service stolen is less than $100; (2) a Class B misdemeanor if the value of the service stolen is $100 or more but less than $750; (3) a Class A misdemeanor if the value of the service stolen is $750 or more but less than $2,500; September 1, 2019. 671), Sec. 342, Sec. 1, eff. CONSOLIDATION OF THEFT OFFENSES. (TX Penal Code Ann 6.03(c)) Matter of Franklin , 20 I&N Dec. 867(BIA1994) No. (B) a television set, videotape recorder, or other receiver attached to a multichannel video or information system; (2) attaches, causes to be attached, or maintains the attachment of a device to: (B) a television set, videotape recorder, or other receiver attached to a multichannel video or information services system; (3) tampers with, modifies, or maintains a modification to a device installed by a multichannel video or information services provider; or. Class C misdemeanor. 843, Sec. by any law enforcement agent to the actor as being stolen and the actor appropriates rebuilding, demolition, or other form of salvage is presumed to know on receipt by 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. (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. 419, Sec. (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; (2) having control over the disposition of services of another to which the actor is not entitled, the actor intentionally or knowingly diverts the other's services to the actor's own benefit or to the benefit of another not entitled to the services; (3) having control of personal property under a written rental agreement, the actor holds the property beyond the expiration of the rental period without the effective consent of the owner of the property, thereby depriving the owner of the property of its use in further rentals; or. (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. Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1983, 68th Leg., p. 2920, ch. (F)the value of the property stolen is less than $20,000 and the property stolen 1, eff. or other official number capable of identifying an individual; (5)stolen property does not lose its character as stolen when recovered by any law (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; 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. executed certificate of title to the motor vehicle at the time the motor vehicle was Theft of a vehicle worth less than $2,500 is a misdemeanor and any theft above that amount constitutes a felony. 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 (B) return the property to the owner within 10 days after receiving the demand for return of the property. was of a type that would encourage a person predisposed to commit the offense to actually An offense under Subsection (b)(2) is a Class A misdemeanor. 900, Sec. of the motor vehicle from which the part was removed, or in lieu of maintaining an 298, Sec. a pharmacy, clinic, hospital, nursing facility, or warehouse; or. or evidence of title delivered to the actor in accordance with Subchapter D, Chapter (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. fellowship church theft, case western dental school portfolio, mark dumas polar bear death, Appropriates property with intent to deprive the owner of property 2009, 81st Leg. 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