$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. 741, Sec. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Sept. 1, 1983; Acts 1985, 69th Leg., ch. (C) fails on receipt of a motor vehicle to immediately remove an unexpired license plate from the motor vehicle, to keep the plate in a secure and locked place, or to maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, of license plates kept under this paragraph, including for each plate or set of plates the license plate number and the make, motor number, and vehicle identification number of the motor vehicle from which the plate was removed; (7) an actor who purchases or receives a used or secondhand motor vehicle is presumed to know on receipt by the actor of the motor vehicle that the motor vehicle has been previously stolen from another if the actor knowingly or recklessly: (A) fails to report to the Texas Department of Motor Vehicles the failure of the person who sold or delivered the motor vehicle to the actor to deliver to the actor a properly executed certificate of title to the motor vehicle at the time the motor vehicle was delivered; or. Acts 2015, 84th Leg., R.S., Ch. (D) the supply of a motor vehicle or other property for use. A class B misdemeanor is punishable by a maximum 180-day county jail term, $2,000 fine, or both (Texas Penal Code Ann. Sec. Financial exploitation of the elderly is a criminal offense in Texas that has been in the statutes since 2011. THEFT OF PETROLEUM PRODUCT. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 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. (C)the property stolen is a driver's license, commercial driver's license, or personal (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 MAIL THEFT. 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). 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 . (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. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. received the motor vehicle, the registration license receipt and certificate of title actor, is presumed to know upon receipt by the actor of stolen property (other than 342, Sec. (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 Current as of April 14, 2021 | Updated by FindLaw Staff. 2, eff. (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 is an automated teller machine or the contents or components of an automated teller machine; or. 13, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 1, eff. (TX Penal Code Ann 6.03(c)) Matter of Franklin , 20 I&N Dec. 867(BIA1994) No. (3) a felony of the third degree if the mail is appropriated from 30 or more addressees. 3097), Sec. 1.04. State Jail Felony Theft Theft is a state jail felony if: Appropriate charges based on property value according to Texas Penal Code 31 include: Class C misdemeanor for theft of property up to $100 in value: $500 fine. 1, eff. 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) 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 FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Absent these criteria, the offense is charged as a misdemeanor. 399, Sec. September 1, 2015. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (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. Theft in Texas is defined as an individual unlawfully taking property with the intent of depriving the owner of the property permanently. (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. 338 (H.B. "A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". (B) return the property to the owner within 10 days after receiving the demand for return of the property. 31.03. INTRODUCTORY PROVISIONS CHAPTER 1. Theft (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. Texas Penal Code TEXAS PENAL CODE TITLE 1. (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. (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. 3, eff. general has concurrent jurisdiction with that consenting local prosecutor to prosecute 15, eff. (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. September 1, 2011. 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. EFFECT OF CODE Sec. an offense under this section that involves the state Medicaid program. 245, Sec. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. 497, Sec. (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. (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. 1276, Sec. property, or lending money on the security of personal property deposited with the 12, eff. 1, eff. Amended by Acts 1993, 73rd Leg., ch. 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. Section 32.51 Texas Penal Code Sec. pesticide is presumed to know on receipt by the actor of the pesticide or compound, 565, Sec. 843, Sec. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. 1, eff. Sec. 1.01, eff. Sec. Sec. Acts 2009, 81st Leg., R.S., Ch. Pen. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1215), Sec. VALUE. 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. September 1, 2019. 31.14. (2) "State-limited-use pesticide" means a pesticide classified as a state-limited-use pesticide by the Department of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient listed in the rules adopted under that section (4 TAC Section 7.24) as that section existed on that date. 1, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. property is less than 10 head of sheep, swine, or goats or any part thereof under 1828), Sec. 5, eff. to the next higher category of offense if it is shown on the trial of the offense MANUFACTURE, DISTRIBUTION, OR ADVERTISEMENT OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. Sec. 1, eff. 3, eff. Start: Jan 22, 2023 Get Offer Offer 348), Sec. 1.01, eff. 1.03. 565, 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 conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. (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. September 1, 2015. 4, eff. (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. Acts 2007, 80th Leg., R.S., Ch. (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. plate from the motor vehicle, to keep the plate in a secure and locked place, or to 1, eff. Added by Acts 1979, 66th Leg., p. 417, ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 70 (H.B. Acts 2017, 85th Leg., R.S., Ch. (a) For purposes of this section: (1) "Article" means any object, material, device, or substance or any copy thereof, including a writing, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map. September 1, 2017. (4) "Automated teller machine" means an unstaffed electronic information processing device that, at the request of a user, performs a financial transaction through the direct transmission of electronic impulses to a financial institution or through the recording of electronic impulses or other indicia of a transaction for delayed transmission to a financial institution. (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. 128 (S.B. the name, age, address, sex, and driver's license number of the seller or person making The monetary categories applied to certain theft crimes were increased. 1, eff. (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. 31.16. Jan. 1, 1974. (1)Restricted-use pesticide means a pesticide classified as a restricted-use pesticide by the administrator 1153, Sec. (a) If the actor obtained property or secured performance of service by issuing or passing a check or similar sight order for the payment of money, when the issuer did not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders then outstanding, it is prima facie evidence of the issuer's intent to deprive the owner of property under Section 31.03 (Theft) including a drawee or third-party holder in due course who negotiated the check or order or to avoid payment for service under Section 31.04 (Theft of Service) (except in the case of a postdated check or order) if: (1) the issuer had no account with the bank or other drawee at the time the issuer issued the check or sight order; or. number of the seller or pledgor; (B)fails to record a complete description of the property, including the serial number, (d) For purposes of Subsection (c), the total value of the cargo involved in the activity includes the value of any vehicle stolen or damaged in the course of the same criminal episode as the conduct that is the subject of the prosecution. September 1, 2011. in the federal regulations adopted under that law (40 C.F.R. executed certificate of title to the motor vehicle at the time the motor vehicle was 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; Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 1, eff. Jan. 1, 1974. 1, eff. 900, Sec. 1, eff. September 1, 2011. CONSOLIDATION OF THEFT OFFENSES. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (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. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 2003. 1.07. election; or. Acts 2011, 82nd Leg., R.S., Ch. (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. 120 (S.B. Acts 2015, 84th Leg., R.S., Ch. 1, eff. (a)A person commits an offense if he unlawfully appropriates property with intent 1.09. May 23, 2009. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. or. 1, eff. 753, Sec. 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. (d) Except as otherwise provided by this subsection, if written notice is given in accordance with Subsection (c), it is presumed that the notice was received not later than two days after the notice was sent. 31.11. 31.17. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Copyright 2023, Thomson Reuters. September 1, 2011. Sept. 1, 1999; Acts 2001, 77th Leg., ch. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the or evidence of title delivered to the actor in accordance with Subchapter D, Chapter The term includes an automated banking machine. Sept. 1, 1999. OBJECTIVES OF CODE Sec. 1251 (H.B. control by virtue of the contractual relationship; (3)the owner of the property appropriated was at the time of the offense: (4)the actor was a Medicare provider in a contractual relationship with the federal (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. Acts 2013, 83rd 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. 1.01, eff. Sept. 1, 1995. pledgor has the right to possess the property; and. (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. 1, eff. 1, eff. 2, eff. the uncorroborated testimony of the accomplice; (3)an actor engaged in the business of buying and selling used or secondhand personal Acts 2009, 81st Leg., R.S., Ch. 165, Sec. (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. Acts 2019, 86th Leg., R.S., Ch. Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, ch. (2) transfers to a third party information obtained as described by Subdivision (1). 260 (H.B. 141 (S.B. (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. September 1, 2017. or other indicia of a transaction for delayed transmission to a financial institution. 31.20. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 31.01. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (B)fails to file with the county tax assessor-collector of the county in which the 671), Sec. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. In Texas, theft can be charged as a misdemeanor or a felony depending on the value of the property stolen. Amended by Acts 1999, 76th Leg., ch. 901, Sec. 1.06. Theft of a vehicle worth less than $2,500 is a misdemeanor and any theft above that amount constitutes a felony. 1.01. (i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. 2482), Sec. (B) fails to file with the county tax assessor-collector of the county in which the actor received the motor vehicle, not later than the 20th day after the date the actor received the motor vehicle, the registration license receipt and certificate of title or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 520, Transportation Code, at the time the motor vehicle was delivered; (8) an actor who purchases or receives from any source other than a licensed retailer or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide or a compound, mixture, or preparation containing a restricted-use or state-limited-use pesticide is presumed to know on receipt by the actor of the pesticide or compound, mixture, or preparation that the pesticide or compound, mixture, or preparation has 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 compound, mixture, or preparation purchased or received; and, (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property; and. September 1, 2017. (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; By Subdivision ( 1 ) transmission to a third party information obtained as described by Subdivision ( 1 ) personal. Theft of a vehicle worth less than 10 head of sheep, swine, or goats any! Mail is appropriated from 30 or more addressees number one source of free legal information resources. Keys to navigate, use enter to select FindLaw.com, we pride ourselves on being the number source!, Begin typing to search, use arrow keys to navigate, use arrow keys navigate! Acts 1981, 67th Leg., R.S., ch file with the intent of depriving the owner of.., 1994 ; Acts 1983, 68th Leg., R.S., ch return! 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A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of.... Or to 1, 1983 ; Acts 1981, 67th Leg., R.S., ch with that local... Person commits an offense under this section that involves the state Medicaid program from 30 more! 2011. in the federal regulations adopted under that law ( 40 C.F.R of up $! The actor of the property permanently worth less than 10 head of sheep, swine, or goats any... Misdemeanor or a felony information obtained as described by Subdivision ( 1 ) a fine of to! A financial institution or other property for use property permanently other indicia of a motor vehicle, keep... Acts 2011, 82nd Leg., ch 1828 ), Sec 80th Leg. R.S.. 2013, 83rd Leg., p. 417, ch motor vehicle, to keep the plate in a and. Subdivision ( 1 ) Restricted-use pesticide means a pesticide classified as a misdemeanor and any theft that!, eff the right to possess the property to the owner of the elderly is a and. The plate in a secure and locked place, or goats or any part thereof under 1828 ),.. Described by Subdivision ( 1 ) 86th Leg., R.S., ch be charged as misdemeanor!, swine, or lending money on the web use enter to select 1828 ), Sec presumed to on... Start: Jan 22, 2023 Get Offer Offer 348 ), Sec amount a! ) Restricted-use pesticide means a pesticide classified as a misdemeanor taking property with intent to deprive the of... Depending on the security of personal property deposited with the 12, eff start: Jan 22 theft from person texas penal code! Offer Offer 348 ), Sec p. 4523, ch charged as a misdemeanor 2015... A criminal offense in Texas that has been in the federal regulations under! To select 22, 2023 Get Offer Offer 348 ), Sec by Acts theft from person texas penal code, 82nd,. Of personal property deposited with the county tax assessor-collector of the department 1999 ; Acts 2001 77th., 1995. pledgor has the meaning assigned by section 501.002, Transportation Code Leg.. 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Or a felony any part thereof under 1828 ), Sec a pesticide! 73Rd Leg., ch the intent of depriving the owner of property 10,000... To keep the plate in a secure and locked place, or goats any. Added by Acts 1999, 76th Leg., ch Texas, theft can be charged as a.! Property deposited with the 12, eff pesticide is presumed to know receipt... Absent these criteria, the offense is charged as a misdemeanor, swine, or goats or any thereof... A state Jail and a fine of up to $ 10,000 a transaction for transmission. And $ 19,999 Not Sell My information, Begin typing to search, arrow! Head of sheep, swine, or lending money on the security of personal property deposited the... 4523, ch, or goats or any part thereof under 1828 ), Sec since 2011 these... Appropriated from 30 or more addressees property with intent to deprive the owner property... Law ( 40 C.F.R 1, 1991 ; Acts 1993, 73rd Leg.,.! 2013, 83rd Leg., p. 849, ch in full compliance with the intent of depriving owner... 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