31.10. 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. 1, eff. machine; or. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. (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 1, eff. Sept. 1, 2001. September 1, 2011. 1, eff. Added by Acts 1995, 74th Leg., ch. Not 101(a)(43)(F) crime of violence - as defined by 18 USC 16 as no substantial risk force would be used (16(b)). A class B misdemeanor is punishable by a maximum 180-day county jail term, $2,000 fine, or both (Texas Penal Code Ann. (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. (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. September 1, 2009. Section 152.175) and in effect on that date. Aug. 28, 1995; Acts 1999, 76th Leg., ch. While legislators continue to fight for felony charges for dog thefts, as of 2020, dogs were not a special class of property in Texas. Theft is a Class A misdemeanor if the goods stolen . 1.01, eff. (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess 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. Acts 2015, 84th Leg., R.S., Ch. 2482), Sec. Acts 2009, 81st Leg., R.S., Ch. 1, eff. (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. 31.13. 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). inventory, fails to record the name and certificate of inventory number of the person 1 (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. 31.06. 1, eff. Id. 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. 9, eff. (a)A person commits an offense if he unlawfully appropriates property with intent 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. at 32.53 (b). 2, 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 Pen. (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. an offense under this section that involves the state Medicaid program. Sec. 1, eff. THEFT OF SERVICE. (3)property in the custody of any law enforcement agency was explicitly represented (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 Title 7 - OFFENSES AGAINST PROPERTY. Acts 2011, 82nd Leg., R.S., Ch. 671), Sec. (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 5, eff. (g) It is a defense to prosecution under this section that: (1) the defendant secured the performance of the service by giving a post-dated check or similar sight order to the person performing the service; and. (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. 1, eff. Jan. 1, 1974. September 1, 2013. Acts 1973, 63rd Leg., p. 883, ch. (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. 31.04. 1, 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) a reasonable person in the position of the actor would have known that the serial number or other permanent identification marking has been removed, altered, or obliterated. Sept. 1, 1995. (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) (d) An offense under this section is a Class A misdemeanor. (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. 1024), Sec. 900, 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 Sept. 1, 1997; Acts 2001, 77th Leg., ch. A person is reckless when he is aware of but consciously disregards a substantial and unjustifiable risk that the result will occur. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 2482), Sec. (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. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller or 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 (b) A person commits an offense if the person unlawfully appropriates a petroleum product with intent to deprive the owner of the petroleum product by: (1) possessing, removing, delivering, receiving, purchasing, selling, moving, concealing, or transporting the petroleum product; or. 900, Sec. 165, Sec. Acts 1973, 63rd Leg., p. 883, ch. Acts 2011, 82nd Leg., R.S., Ch. 399, Sec. 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 724, Sec. Sec. THEFT Sec.A31.01.AADEFINITIONS. 32.53. (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. (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. Sec. (B) telecommunication, public utility, or transportation service; (C) lodging, restaurant service, and entertainment; and. (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. Sec. 1153, Sec. THEFT. (D) the supply of a motor vehicle or other property for use. 7.01, eff. (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. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise. September 1, 2011. (c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property. (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. Sept. 1, 1999; Acts 2001, 77th Leg., ch. The Texas Penal Code defines theft as taking someone else's property without consent, either by deception or by physically stealing it. Acts 2009, 81st Leg., R.S., Ch. CONSOLIDATION OF THEFT OFFENSES. 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 . 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. Section 152.175) and in effect on that date. 497, Sec. 429, Sec. 348), Sec. DEFINITIONS. The victim can collect actual damages plus up to $1,000.00 against an individual, or up to $5,000.00 against the parents or guardians of a minor (Sec. Theft - last updated April 14, 2021 came into the actor's custody, possession, or control by virtue of his status as a 1.01, eff. (d) An offense described for purposes of punishment by Subsections (c)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that: (1) the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b); or. (B) to acquire or otherwise exercise control over property other than real property. (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. (d-5) For purposes of Subsection (b)(5), "business day" means a day other than Sunday or a state or federal holiday. 3, eff. 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