theft from person texas penal code

inventory, fails to record the name and certificate of inventory number of the person September 1, 2011. This means that a person charged with theft may face a less severe punishment when compared to the . 338 (H.B. Amended by Acts 1983, 68th Leg., p. 4525, ch. September 1, 2011. (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. 903 (H.B. 4, eff. to the next higher category of offense if it is shown on the trial of the offense less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the V.T.C.A., Transportation Code 520.031 et seq. 31.20. GENERAL PROVISIONS Sec. (j)With the consent of the appropriate local county or district attorney, the attorney Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1.01, eff. "A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". AGGREGATION OF AMOUNTS INVOLVED IN THEFT. 734, Sec. (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; In the past, package theft was prosecuted under Texas Penal Code 31.03, which states that if you take property that does not belong to you, without consent or permission of the owner and without other legal justification, and have no intention of giving it back, it constitutes theft. Sept. 1, 1979. 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. (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. 399, Sec. 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 actor, is presumed to know upon receipt by the actor of stolen property (other than 31.08. if reasonably available, or other identifying characteristics; or. 1276, Sec. 900, Sec. 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 1, eff. (b) A person commits an offense if the person intentionally appropriates mail from another person's mailbox or premises without the effective consent of the addressee and with the intent to deprive that addressee of the mail. if the actor knowingly or recklessly: (A)fails to maintain an accurate and legible inventory of each motor vehicle component 432, Sec. (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. 318, Sec. more. Acts 2009, 81st Leg., R.S., Ch. 1251 (H.B. (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 from sounding; or. 3584), Sec. 2, eff. (2) "Identifying information" has the meaning assigned by Section 32.51. the license plate number and the make, motor number, and vehicle identification number (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. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. 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 September 1, 2015. Sept. 1, 1987; Acts 1989, 71st Leg., ch. (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. (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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Contact us. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (B) has been left to be collected for delivery by a common carrier or delivery service. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. an offense under this section that involves the state Medicaid program. Acts 2011, 82nd Leg., R.S., Ch. 497, Sec. (d) If it is shown on the trial of an offense under this section that the appropriated mail contained an item of identifying information and the actor committed the offense with the intent to facilitate an offense under Section 32.51, an offense under this section is: (1) a state jail felony if the mail is appropriated from fewer than 10 addressees; (2) a felony of the third degree if the mail is appropriated from at least 10 but fewer than 20 addressees; (3) a felony of the second degree if the mail is appropriated from at least 20 but fewer than 50 addressees; or. 4, eff. 1, eff. You don't have to keep the property for it to be considered theft, but only long enough to deprive the owner of its value. 2, eff. Added by Acts 1995, 74th Leg., ch. September 1, 2013. (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. receipt, or transfer document as required by Chapter 683, Transportation Code, or 31.20 Texas Penal Code - PENAL 31.20. TERRITORIAL JURISDICTION Sec. 455, 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. enforcement agency; (6)an actor engaged in the business of obtaining abandoned or wrecked motor vehicles 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. 165, Sec. 1, eff. 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. (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. 900, Sec. received the motor vehicle, the registration license receipt and certificate of title 31.01. September 1, 2019. 497, Sec. Added by Acts 2001, 77th Leg., ch. 1466), Sec. 2482), Sec. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1, eff. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise. 419, 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. 1871), Sec. or. Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, 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 (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: 1, eff. (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. (2) knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 323 (H.B. (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. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 128 (S.B. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (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. (4) tampers with, modifies, or maintains a modification to an access device or uses that access device or any unauthorized access device to obtain services from a multichannel video or information services provider. Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. September 1, 2009. pledgor has the right to possess the property; and. June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch. (3)property in the custody of any law enforcement agency was explicitly represented September 1, 2019. (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. 1766), Sec. (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. 9, eff. 2, 3, eff. 1251 (H.B. - Regular Session . (d-4) A presumption established under Subsection (b) involving a defendant's failure to return property held under an agreement described by Subsections (d-2)(1)-(3) may be refuted if the defendant shows that the defendant: (1) intended to return the property; and. 324 (S.B. (d) An offense under this section is a Class A misdemeanor. Amended by Acts 1993, 73rd Leg., ch. The term includes an automated banking machine. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller or (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. Cite this article: FindLaw.com - Texas Penal Code - PENAL 31.03. Acts 2017, 85th Leg., R.S., Ch. 1, eff. 1, eff. 323, Sec. 1, eff. Sec. 1, eff. 9, eff. (12) "Retail theft detector" means an electrical, mechanical, electronic, or magnetic device used to prevent or detect shoplifting and includes any article or component part essential to the proper operation of the device. Sept. 1, 2001. 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 31.17. Sept. 1, 1995. (g)For the purposes of Subsection (a), a person is the owner of exotic livestock Texas Penal Code Sec. impulses to a financial institution or through the recording of electronic impulses 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 . (9) "Used or secondhand motor vehicle" means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code. 887), Sec. (7) a felony of the first degree if the value of the property stolen is $300,000 or more. 348), Sec. Failure to prove the element of value will make it impossible for the prosecutor to convict you of a felony theft charge. Theft is a class A misdemeanor if the value of the stolen property or services is $750 or more but less than $2,500. Acts 2009, 81st Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. September 1, 2009. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. DEFINITIONS Sec. 37), Sec. 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. OFFENSES AGAINST PROPERTY CHAPTER 31. (B) tangible or intangible personal property including anything severed from land; or. commit the offense or an opportunity to engage in conduct constituting the offense; 1396), 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. 900, Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 349, Sec. 31.14. Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. (7) a felony of the first degree if the value of the service stolen is $300,000 or more. 843, 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). 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