(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. 31.09. Sept. 1, 1994. Acts 1973, 63rd Leg., p. 883, ch. (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 348), Sec. 167, Sec. (b) A person commits an offense if the person: (1) knowingly or intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, abandons, or disposes of: (B) cargo explicitly represented to the person as being stolen cargo; or. If you have been charged with felony theft, the State of Texas must prove beyond a reasonable doubt that the item that was allegedly stolen was worth at least $2,500. actor's custody, possession, or control by virtue of the contractual relationship; Acts 2009, 81st Leg., R.S., Ch. (c) An offense under this section is a Class A misdemeanor. Tex. (3)property in the custody of any law enforcement agency was explicitly represented 31.20 Texas Penal Code - PENAL 31.20. of the Environmental Protection Agency under 7 U.S.C. Aug. 28, 1995; Acts 1999, 76th Leg., ch. 30.237, eff. Sec. 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. Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, ch. 342, 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. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Contact us. Theft does not only have to be direct taking of another's property. THEFT. Amended by Acts 1999, 76th Leg., ch. (C) a document, including money, that represents or embodies anything of value. Acts 1973, 63rd Leg., p. 883, ch. Acts 2015, 84th Leg., R.S., Ch. - Regular Session . Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 2, 3, eff. 903 (H.B. the actor of stolen property that the property has been previously stolen from another Acts 1973, 63rd Leg., p. 883, ch. (2) making or causing a connection to be made with, or drilling or tapping or causing a hole to be drilled or tapped in, a pipe, pipeline, or tank used to store or transport a petroleum product. Amended by Acts 1983, 68th Leg., p. 4525, ch. 31.20. 31.05. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise. 1178), Sec. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. ACTOR'S INTEREST IN PROPERTY. (4) "Trade secret" means the whole or any part of any scientific or technical information, design, process, procedure, formula, or improvement that has value and that the owner has taken measures to prevent from becoming available to persons other than those selected by the owner to have access for limited purposes. 1, eff. 858, Sec. by deception if the actor fails to make full payment in accordance with Section 409, 1.09. September 1, 2017. (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. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 4, eff. Sec. September 1, 2009. property is less than 10 head of sheep, swine, or goats or any part thereof under 1251 (H.B. 1871), Sec. by any law enforcement agent to the actor as being stolen and the actor appropriates 2, eff. 323 (H.B. 1, eff. (B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo. 1, eff. 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. Pen. Stay up-to-date with how the law affects your life. 1488), Sec. (4)Automated teller machine means an unstaffed electronic information processing device that, at the request September 1, 2011. 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 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. 338 (H.B. Acts 1973, 63rd Leg., p. 883, ch. Added by Acts 1999, 76th Leg., ch. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 565, Sec. Acts 2015, 84th Leg., R.S., Ch. (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; (4) a state jail felony if the value of the service stolen is $2,500 or more but less than $30,000; (5) a felony of the third degree if the value of the service stolen is $30,000 or more but less than $150,000; (6) a felony of the second degree if the value of the service stolen is $150,000 or more but less than $300,000; or. Theft in Texas is defined as an individual unlawfully taking property with the intent of depriving the owner of the property permanently. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. (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. The current Texas law defines the offense of Theft of Service in Penal Code Section 31.04 as follows: [1] (a) A person commits theft of service if, with intent to avoid payment for service that the actor knows is provided only for compensation: (1) the actor intentionally or knowingly secures performance of the service by deception, threat . (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. of the motor vehicle from which the part was removed, or in lieu of maintaining an (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. The statute defines theft as unlawfully appropriating property with the intent to deprive the owner of the property. in the federal regulations adopted under that law (40 C.F.R. September 1, 2009. than, but similar to, that which the prosecution is based is admissible for the purpose (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 What is THEFT? Sec. The Texas Penal Code defines theft as taking someone else's property without consent, either by deception or by physically stealing it. Acts 2007, 80th Leg., R.S., 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. 1, eff. 11, eff. commit the offense, but would not encourage a person not predisposed to commit the Copyright 2023, Thomson Reuters. 318, Sec. Acts 2011, 82nd Leg., R.S., Ch. 31.03. of a user, performs a financial transaction through the direct transmission of electronic the property believing it was stolen by another. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1, eff. (9) "Used or secondhand motor vehicle" means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code. 599, Sec. (3) "Mail" means a letter, postal card, package, bag, or other sealed article that: (A) is delivered by a common carrier or delivery service and not yet received by the addressee; or. September 1, 2011. 3097), Sec. DEFINITIONS. (b) A person commits an offense if the person, knowing that the person is not entitled to obtain or possess that financial information: (1) obtains the financial sight order or payment card information of another by use of an electronic, photographic, visual imaging, recording, or other device capable of accessing, reading, recording, capturing, copying, imaging, scanning, reproducing, or storing in any manner the financial sight order or payment card information; or. 9, eff. $100-$750: Class B misdemeanor punishable by 180 days in jail and a fine up to $2,000. September 1, 2007. Sept. 1, 1991; Acts 1993, 73rd Leg., 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. Sept. 1, 1995. 342, Sec. (B) tangible or intangible personal property including anything severed from land; or. came into the actor's custody, possession, or control by virtue of his status as a 31.12. 1.05. delivered; or. Texas Statutes Penal Code Title 7 Chapter 30 Section 30.02 Texas Penal Code Sec. 1, eff. 31.17. been convicted of any grade of theft; or. 1 (b) It is an affirmative defense to prosecution under this section that the person was: (1) the owner or acting with the effective consent of the owner of the property involved; (2) a peace officer acting in the actual discharge of official duties; or. UNAUTHORIZED USE OF A VEHICLE. 1, eff. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. (2) A peace officer may have their certification suspended or revoked if the person has been terminated for cause from employment as a . 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