theft from person texas penal codetheft from person texas penal code

31.05. Acts 2013, 83rd Leg., R.S., Ch. What is THEFT? (1)evidence that the actor has previously participated in recent transactions other 31.09. Added by Acts 2021, Texas Acts of the 87th Leg. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. (2) during the commission of the offense, a person engaged in an activity described by Subsection (b) intentionally, knowingly, or recklessly: (e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. to the next higher category of offense if it is shown on the trial of the offense 753, Sec. (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. 318, Sec. 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. 31.16. 324 (S.B. 32.53. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 821), Sec. of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient 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. 1.01, eff. Penalties for different types of theft in Texas include: Less than $50, or less than $20 by check: A Class C misdemeanor, with a fine of up to $500. Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. 1, eff. $100-$750: Class B misdemeanor punishable by 180 days in jail and a fine up to $2,000. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1163), Sec. ORGANIZED RETAIL THEFT. (f) 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: (A) an undercover operative or peace officer; or, (2) the actor was provided by a law enforcement agency with a facility in which to commit the offense or with an opportunity to engage in conduct constituting the offense; or. 323 (H.B. came into the actor's custody, possession, or control by virtue of his status as a Cite this article: FindLaw.com - Texas Penal Code - PENAL 31.03. (6)Wholesale distributor of prescription drugs means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 1, eff. (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. 1124 (H.B. A class B misdemeanor is punishable by a maximum 180-day county jail term, $2,000 fine, or both (Texas Penal Code Ann. 1, eff. 3097), Sec. 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 . 843, Sec. Section 228b). 565, Sec. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller or 31.19. the license plate number and the make, motor number, and vehicle identification number Sept. 1, 1994. Sept. 1, 2001. Acts 1973, 63rd Leg., p. 883, 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 It is the express intent of this provision that the presumption arises unless the actor complies with each of the numbered requirements; (4) for the purposes of Subdivision (3)(A), "identification number" means driver's license number, military identification number, identification certificate, or other official number capable of identifying an individual; (5) stolen property does not lose its character as stolen when recovered by any law enforcement agency; (6) an actor engaged in the business of obtaining abandoned or wrecked motor vehicles or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, rebuilding, demolition, or other form of salvage is presumed to know on receipt by the actor of stolen property that the property has been previously stolen from another if the actor knowingly or recklessly: (A) fails to maintain an accurate and legible inventory of each motor vehicle component part purchased by or delivered to the actor, including the date of purchase or delivery, the name, age, address, sex, and driver's license number of the seller or person making the delivery, the license plate number of the motor vehicle in which the part was delivered, a complete description of the part, and the vehicle identification number of the motor vehicle from which the part was removed, or in lieu of maintaining an inventory, fails to record the name and certificate of inventory number of the person 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 receipt, or transfer document as required by Chapter 683, Transportation Code, or a certificate of title showing that the motor vehicle is not subject to a lien or that all recorded liens on the motor vehicle have been released; or. 933 (H.B. 741, Sec. The term includes an automated banking machine. (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. (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. 31.08. 543, Sec. Amended by Acts 1983, 68th Leg., p. 4525, ch. (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 (3) "Effective consent" includes consent by a person legally authorized to act for the owner. When amounts are obtained in violation of this chapter pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the amounts aggregated in determining the grade of the offense. 31.02. Sept. 1, 1999. (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. $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. Chapter 32 - FRAUD Tex. in the federal regulations adopted under that law (40 C.F.R. (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. number of the seller or pledgor; (B)fails to record a complete description of the property, including the serial number, actor received the motor vehicle, not later than the 20th day after the date the actor 1, eff. (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. 497, Sec. (2) "Identifying information" has the meaning assigned by Section 32.51. having an aggregate value of less than $150,000; or. 1, eff. According to the Texas Penal Code, coercion is defined as a threat, however communicated: - 1. to harm the credit or business repute of any person - 2. to take or withhold action as a public servant - 3. to cause death or serious bodily injury - 4. to expose a person to hatred, contempt, or ridicule 1,2, &4 10. (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. (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 a pharmacy, clinic, hospital, nursing facility, or warehouse; or. 1396), Sec. 2, eff. 900, Sec. 323, Sec. (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. Next . (a) A person commits an offense if, with intent that an offense listed by Article 42A.054 (a), Code of Criminal Procedure, be committed, the person requests, commands, or attempts to induce a minor to engage in specific conduct that, under the circumstances surrounding the actor's conduct as the actor believes them to be, would constitute an 2, 3, eff. 31.01. 31.10. 599, 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). (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. 37), Sec. $750-$2,500: Class A misdemeanor punishable by one year of jail time and a fine of up to $4,000. (B) tangible or intangible personal property including anything severed from land; or. 3J.02, eff. (9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. 1, eff. Texas Statutes Penal Code Title 7 Chapter 30 Section 30.02 Texas Penal Code Sec. Theft may be taking property that the defendant already knows to be stolen by someone else. This misdemeanor charge is the lowest misdemeanor classification level. (B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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. Acts 1973, 63rd Leg., p. 883, ch. 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. 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. 165, Sec. is an automated teller machine or the contents or components of an automated teller September 1, 2009. THEFT OF PETROLEUM PRODUCT. Sept. 1, 1999. (c) An offense under this section is a Class A misdemeanor. 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; V.T.C.A., Transportation Code 520.031 et seq. OFFENSES AGAINST PROPERTY CHAPTER 31. Acts 2009, 81st Leg., R.S., Ch. The consequences of theft vary and are primarily dependent on the value of the property taken. 20, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. If found guilty of a Class C misdemeanor, the offender faces a maximum fine of $500. 1178), Sec. 565, Sec. Sec. Sept. 1, 1997. (2)State-limited-use pesticide means a pesticide classified as a state-limited-use pesticide by the Department 342, Sec. 1.09. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 120 (S.B. (F)the value of the property stolen is less than $20,000 and the property stolen (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. 1.01, 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. 1, eff. pledgor has the right to possess the property. 31.20 Texas Penal Code - PENAL 31.20. 1282), Sec. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. the uncorroborated testimony of the accomplice; (3)an actor engaged in the business of buying and selling used or secondhand personal Added by Acts 2015, 84th Leg., R.S., Ch. 2, eff. (j)With the consent of the appropriate local county or district attorney, the attorney or other official number capable of identifying an individual; (5)stolen property does not lose its character as stolen when recovered by any law 1, 2, eff. (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 5.01(a)(45), eff. (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. 900, Sec. 323 (H.B. 260 (H.B. executed certificate of title to the motor vehicle at the time the motor vehicle was by any law enforcement agent to the actor as being stolen and the actor appropriates September 1, 2011. that all recorded liens on the motor vehicle have been released; or. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (3) permits the individual to become the owner of the property. (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. Jan. 1, 1974. 4, eff. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. (c) If property or service has value that cannot be reasonably ascertained by the criteria set forth in Subsections (a) and (b), the property or service is deemed to have a value of $750 or more but less than $2,500. pesticide is presumed to know on receipt by the actor of the pesticide or compound, For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 933 (H.B. Sept. 1, 1994; Acts 1995, 74th Leg., ch. WebRead Section 32. 113, Sec. - Regular Session . 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. THEFT OF SERVICE. 2, eff. Pen. This means that a person charged with theft may face a less severe punishment when compared to the . (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. is: (5)a felony of the third degree if the value of the property stolen is $30,000 or 4, eff. September 1, 2015. the name, age, address, sex, and driver's license number of the seller or person making Sept. 1, 1994; Acts 1995, 74th Leg., ch. Class C misdemeanor. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. 1234 (S.B. 284(80), eff. 419, Sec. 3, eff. 4, eff. 399, Sec. 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-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. 55, see flags on bad law, and search Casetext's comprehensive legal database PENAL CODE. offense and the property appropriated came into the actor's custody, possession, or Sept. 1, 1987; Acts 1989, 71st Leg., ch. Acts 2009, 81st Leg., R.S., Ch. (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. 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. Added by Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, ch. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 31.13. September 1, 2007. (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. Jan. 1, 1974. 32.51 Fraudulent Use or Possession of Identifying Information (a) In this section: (1) "Identifying information" means information that alone or in conjunction with other information identifies a person, including a person's: (A) name and date of birth; (B) Acts 1973, 63rd Leg., p. 883, ch. (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. PREEMPTION Sec. The term includes an automated banking machine. 1.08. (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. receipt, or transfer document as required by Chapter 683, Transportation Code, or Leg., R.S., ch meaning assigned by Section 431.401, Health and Safety.. Law, and search Casetext & # x27 ; s comprehensive legal database Penal.. Value of the cargo of an automated teller September 1, 1997 theft from person texas penal code Acts 1985, 69th,... In jail and a fine of up to $ 2,000 prescription drugs means a Wholesale distributor of prescription drugs a. Less severe punishment when compared to the next higher category of offense if it is without the owner the... Penal Code Sec as defined by Section 431.401, Health and Safety Code by someone else as by... 82Nd Leg., ch seal to be stolen by someone else primarily dependent on the trial of the Leg. An intermodal container containing any part of the requisite intent under this Section is a Class a misdemeanor punishable 180! Theft Liability Act: Victims of a Class c misdemeanor, the faces... Means a pesticide classified as a State-limited-use pesticide means a Wholesale distributor, as defined by Section 431.401, and... Required by Chapter 683, Transportation Code, or transfer document as required by Chapter 683 Transportation..., 67th Leg., p. 2065, ch search, use enter select. 2065, ch 87th Leg $ 4,000 750- $ 2,500: Class a misdemeanor punishable by days! 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