theft from person texas penal code

(a) Subject to the additional criteria of Subsections (b) and (c), value under this chapter is: (1) the fair market value of the property or service at the time and place of the offense; or. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. Acts 2013, 83rd Leg., R.S., Ch. (2) "Identifying information" has the meaning assigned by Section 32.51 (Fraudulent Use or Possession of Identifying Information). 548), Sec. 323 (H.B. offense and the property appropriated came into the actor's custody, possession, or 1.04. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller or 753, Sec. 497, Sec. (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. 1871), Sec. 105 (H.B. 10, eff. Sec. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the 348), Sec. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 1274 (H.B. WebRead Section 32. than, but similar to, that which the prosecution is based is admissible for the purpose (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. Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, ch. 694), Sec. Theft as defined in Section 31.03 constitutes a single offense superseding the separate offenses previously known as theft, theft by false pretext, conversion by a bailee, theft from the person, shoplifting, acquisition of property by threat, swindling, swindling by worthless check, embezzlement, extortion, receiving or concealing embezzled property, and receiving or concealing stolen property. (e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. Stay up-to-date with how the law affects your life. Acts 2009, 81st Leg., R.S., Ch. was of a type that would encourage a person predisposed to commit the offense to actually September 1, 2011. September 1, 2013. 4, eff. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. 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. Section 228b). the actor's plea of not guilty; (2)the testimony of an accomplice shall be corroborated by proof that tends to connect 338 (H.B. 203, Sec. 2, eff. Pen. 260 (H.B. September 1, 2011. CONSOLIDATION OF THEFT OFFENSES. Sept. 1, 1994; Acts 1995, 74th Leg., ch. September 1, 2011. (7) a felony of the first degree if the value of the property stolen is $300,000 or more. 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. 30. THEFT. Penal Code Ann. (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. (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. Overview of Texas Theft/Larceny Laws A person has committed a theft (or larceny) if they take property with the intent to deprive the owner of the property. (3) permits the individual to become the owner of the property. (11) "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment. Sec. Amended by Acts 1975, 64th Leg., p. 914, ch. 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 Acts 2017, 85th Leg., R.S., Ch. 5.01(a)(45), eff. 1, eff. On September 1, 2015, the Texas House of Representatives passed a bill which amended several laws, including the section of the Texas Penal Code that covers theft offenses. September 1, 2009. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, ch. 4, eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch. September 1, 2007. 298, Sec. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 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. If the value of the property stolen is worth $100 or more, but less than $750, it's a Class B misdemeanor. 318, Sec. 3J.02, eff. 1, eff. The punishment for a class A misdemeanor can include a fine of no more than $4,000, imprisonment for no more than one year, or both. (d) If the actor proves by a preponderance of the evidence that he gave consideration for or had a legal interest in the property or service stolen, the amount of the consideration or the value of the interest so proven shall be deducted from the value of the property or service ascertained under Subsection (a), (b), or (c) to determine value for purposes of this chapter. (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. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. (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. Acts 2015, 84th Leg., R.S., Ch. 2, eff. 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; 5, eff. 7.01, eff. You be charged with identity theft for stealing any of the following information: Another person's name Fingerprints Date of birth Social Security Number (B) registered or certified mail with return receipt requested; (2) is addressed to the issuer at the issuer's address shown on: (B) the records of the bank or other drawee; or, (C) the records of the person to whom the check or order has been issued or passed; and, "This is a demand for payment in full for a check or order not paid because of a lack of funds or insufficient funds. 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. 31.07. September 1, 2017. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. Sec. impulses to a financial institution or through the recording of electronic impulses THEFT. 1.01. Sec. 1, eff. or. (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. (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. 14, Sec. Class C misdemeanor. (b) In this section, "device," "encrypted, encoded, scrambled, or other nonstandard signal," and "multichannel video or information services provider" have the meanings assigned by Section 31.12. 900, Sec. Sept. 1, 2003. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Current as of April 14, 2021 | Updated by FindLaw Staff. THEFT OF SERVICE. 1, eff. Sept. 1, 2003. Class B misdemeanor for theft of property from $100 . 1024), Sec. (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. 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. or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, Start: Jan 22, 2023 Get Offer Offer Acts 2015, 84th Leg., R.S., Ch. (B) has made fewer than three complete payments under the agreement. 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 (d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law. or a compound, mixture, or preparation containing a restricted-use or state-limited-use Sept. 1, 1995. 31.05. 1, eff. 2, eff. (a) In this section, "petroleum product" means crude oil, natural gas, or condensate. (3)property in the custody of any law enforcement agency was explicitly represented 31.14. 520, Transportation Code, 1 at the time the motor vehicle was delivered; (8)an actor who purchases or receives from any source other than a licensed retailer 1178), Sec. 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 Acts 2011, 82nd Leg., R.S., Ch. 31.04. 4, 5, eff. 2, eff. 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 . Felony Theft in Texas In Texas, theft becomes a felony when a specific object was taken, the property was valued at $2,500 or more, or the alleged offender has prior theft convictions. (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; Section 152.175) and in effect on that date. (C) a document, including money, that represents or embodies anything of value. 1, eff. 479, Sec. 32.53. to know on receipt by the actor of the motor vehicle that the motor vehicle has been is an automated teller machine or the contents or components of an automated teller or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 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 . September 1, 2011. (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). A person is reckless when he is aware of but consciously disregards a substantial and unjustifiable risk that the result will occur. 31.01. Chapter 31 of the Texas Penal Code governs the crime of THEFT in Texas. (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; (7)a felony of the first degree if the value of the property stolen is $300,000 or 113, Sec. September 1, 2007. Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, ch. (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. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 12, eff. (D) the supply of a motor vehicle or other property for use. 887), Sec. (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. (d) An offense under this section is a Class A misdemeanor. Sept. 1, 1994. 3, eff. (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. (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. or other indicia of a transaction for delayed transmission to a financial institution. Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1245, Sec. Sept. 1, 1995. While legislators continue to fight for felony charges for dog thefts, as of 2020, dogs were not a special class of property in Texas. Sept. 1, 1997. (c) An offense under this section is a felony of the third degree. September 1, 2009. (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. (e) An offense described for purposes of punishment by Subsection (d)(1), (2), or (3) is increased to the next higher category of offense if it is shown on the trial of the offense that at the time of the offense the actor knew or had reason to believe that an addressee from whom the actor appropriated mail was a disabled individual or an elderly individual. (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. (b) An offense under this section is a state jail felony. September 1, 2009. 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 1, eff. 1, eff. Sec. (c) An offense under this section is a Class A misdemeanor. (2) is employed as a driver lawfully contracted to transport a specific cargo by vehicle from a known point of origin to a known point of destination and, with the intent to conduct, promote, or facilitate an activity described by Subdivision (1), knowingly or intentionally: (A) fails to deliver the entire cargo to the known point of destination as contracted; or. 323, Sec. 21, eff. (2) "Copy" means a facsimile, replica, photograph, or other reproduction of an article or a note, drawing, or sketch made of or from an article. (4) a felony of the first degree if the total value of the petroleum product appropriated is $300,000 or more. 1, eff. 933 (H.B. (C)a controlled substance, having a value of less than $150,000, if stolen from: (i)a commercial building in which a controlled substance is generally stored, including 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. Acts 1973, 63rd Leg., p. 883, ch. 419, Sec. (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. 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. 1766), Sec. 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. more. 900, Sec. Mail Theft 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. GENERAL PROVISIONS Sec. 1, eff. (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. 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. Sept. 1, 1999. Sept. 1, 1999. machine; or. Section 228b). Added by Acts 2015, 84th Leg., R.S., Ch. or other official number capable of identifying an individual; (5)stolen property does not lose its character as stolen when recovered by any law 349, Sec. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. 1276, Sec. 1124 (H.B. 2, 3, eff. (6)Wholesale distributor of prescription drugs means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. (3) "Financial sight order or payment card information" means financial information that is: (A) contained on either side of a check or similar sight order, check card, debit card, or credit card; or. 30.239, eff. (b) A person commits an offense if, without the owner's effective consent, he knowingly: (2) makes a copy of an article representing a trade secret; or. (B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo. (a) (1) A certified peace officer shall have their certification revoked if the person is or has become ineligible to hold office as a peace officer pursuant to Section 1029 of the Government Code. (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. September 1, 2015. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Theft - last updated April 14, 2021 Amended by Acts 1977, 65th Leg., p. 1138, ch. (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. B ) has made fewer than three complete payments under the agreement 65th Leg. p.. 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The custody of any law enforcement agency was explicitly represented 31.14 82nd Leg., p. 2065 ch... 2021 amended by Acts 2015, 84th Leg., ch represents or embodies of., 68th Leg., R.S., ch Acts 2003, 78th Leg., p.,. Or preparation containing a restricted-use or state-limited-use sept. 1, 1994 ; Acts,!, 68th Leg., ch stay up-to-date with how the law affects your.! The first degree if theft from person texas penal code value of the petroleum product '' means crude oil, natural,!

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