1276, Sec. 318, Sec. 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 Title 7 - OFFENSES AGAINST PROPERTY. if the actor knowingly or recklessly: (A)fails to maintain an accurate and legible inventory of each motor vehicle component September 1, 2011. (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. (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 1.02. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1, eff. Acts 2007, 80th Leg., R.S., Ch. is an automated teller machine or the contents or components of an automated teller September 1, 2011. Sept. 1, 2003. 113, Sec. (b) A person commits an offense if the person intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, or disposes of: (2) merchandise explicitly represented to the person as being stolen retail merchandise. (c) Except as provided by Subsections (d) and (e), an offense under this section is: (1) a Class A misdemeanor if the mail is appropriated from fewer than 10 addressees; (2) a state jail felony if the mail is appropriated from at least 10 but fewer than 30 addressees; or. Sept. 1, 1995; Acts 1995, 74th Leg., ch. PENAL CODE TITLE 7. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. 3, 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. 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 1, eff. who sold or delivered the motor vehicle to the actor to deliver to the actor a properly 1, eff. was of a type that would encourage a person predisposed to commit the offense to actually Acts 2007, 80th Leg., R.S., Ch. 399, Sec. (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 Added by Acts 1999, 76th Leg., 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 a pharmacy, clinic, hospital, nursing facility, or warehouse; or. 1, eff. Amended by Acts 1991, 72nd Leg., ch. Added by Acts 2021, Texas Acts of the 87th Leg. 20, eff. (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. Cite this article: FindLaw.com - Texas Penal Code - PENAL 31.03. (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. 821), Sec. Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. Sept. 1, 1983; Acts 1985, 69th Leg., 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. 432, Sec. delivered, a complete description of the part, and the vehicle identification number U.S. v.Vargas . 31.18. | https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/. (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. (4)Automated teller machine means an unstaffed electronic information processing device that, at the request 105 (H.B. 46 (S.B. (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. September 1, 2017. Added by Acts 2011, 82nd Leg., R.S., Ch. (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; (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 1, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. 31.04. 671), Sec. 4, eff. Jan. 1, 1974. machine; or. 284(80), eff. 70 (H.B. Jan. 1, 1974. 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. 2, eff. 1, eff. (A) to withhold property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the property is lost to the owner; (B) to restore property only upon payment of reward or other compensation; or. Section 501(a), Internal Revenue Code of 1986, https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/, Read this complete Texas Penal Code - PENAL 31.03. (F) the value of the property stolen is less than $20,000 and the property stolen is: (5) a felony of the third degree if the value of the property stolen is $30,000 or 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 having an aggregate value of less than $150,000; or. 1, eff. 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 . (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. 543, Sec. (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, or false token; 257, Sec. an offense under this section that involves the state Medicaid program. pledgor has the right to possess the property. Sept. 1, 1995. 1251 (H.B. (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. Failure to prove the element of value will make it impossible for the prosecutor to convict you of a felony theft charge. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 734, Sec. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. Acts 2015, 84th Leg., R.S., Ch. 15, eff. (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, or false token; (2) having control over the disposition of services of another to which the actor is not entitled, the actor intentionally or knowingly diverts the other's services to the actor's own benefit or to the benefit of another not entitled to the services; (3) having control of personal property under a written rental agreement, the actor holds the property beyond the expiration of the rental period without the effective consent of the owner of the property, thereby depriving the owner of the property of its use in further rentals; or. (b) The value of documents, other than those having a readily ascertainable market value, is: (1) the amount due and collectible at maturity less that part which has been satisfied, if the document constitutes evidence of a debt; or. 1.01, eff. 10, eff. V.T.C.A., Transportation Code 520.031 et seq. (2) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code. MAIL THEFT. 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. 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. (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. Read the full Texas Code for more information. 1, eff. September 1, 2009. (c) This section does not prohibit the manufacture, distribution, sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law. Acts 1973, 63rd Leg., p. 883, ch. 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 900, Sec. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 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. (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. It is no defense to prosecution under this chapter that the actor has an interest in the property or service stolen if another person has the right of exclusive possession of the property. In Texas, theft can be charged as a misdemeanor or a felony depending on the value of the property stolen. (4) a felony of the first degree if the total value of the cargo involved in the activity is $200,000 or more. 2482), Sec. or other official number capable of identifying an individual; (5)stolen property does not lose its character as stolen when recovered by any law 323, Sec. Section 228b). 1, eff. Pen. Tex. or other indicia of a transaction for delayed transmission to a financial institution. "A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". September 1, 2015. Wholesale distributor of prescription drugs. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1999. An offense under Subsection (b)(2) is a Class A misdemeanor. offense to actually commit the offense. Sept. 1, 1987; Acts 1989, 71st Leg., ch. (C) fails on receipt of a motor vehicle to immediately remove an unexpired license plate from the motor vehicle, to keep the plate in a secure and locked place, or to maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, of license plates kept under this paragraph, including for each plate or set of plates the license plate number and the make, motor number, and vehicle identification number of the motor vehicle from which the plate was removed; (7) an actor who purchases or receives a used or secondhand motor vehicle is presumed to know on receipt by the actor of the motor vehicle that the motor vehicle has been 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 who sold or delivered the motor vehicle to the actor to deliver to the actor a properly executed certificate of title to the motor vehicle at the time the motor vehicle was delivered; or. Financial exploitation of the elderly is a criminal offense in Texas that has been in the statutes since 2011. Example: Joe owns a pawn shop. 1, eff. (B) to acquire or otherwise exercise control over property other than real property. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. 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. 1234 (S.B. DEFINITIONS. in the federal regulations adopted under that law (40 C.F.R. (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. 128 (S.B. stolen by another; or. (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. You be charged with identity theft for stealing any of the following information: Another person's name Fingerprints Date of birth Social Security Number Absent these criteria, the offense is charged as a misdemeanor. 3584), Sec. 10, eff. (c) For purposes of Subsections (a)(4), (b)(2), (b)(4), and (b)(5), notice must be: (A) registered or certified mail with return receipt requested; or. (f) An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that: (1) the actor was a public servant at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of his status as a public servant; (2) the actor was in a contractual relationship with government at the time of the offense and the property appropriated came into the actor's custody, possession, or 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 government at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of the contractual relationship; or. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sec. (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; mixture, or preparation that the pesticide or compound, mixture, or preparation has 455, Sec. (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 32.31 Credit Card or Debit Card Abuse (a) For purposes of this section: (1) "Cardholder" means the person named on the face of a credit card or debit card to whom or for whose benefit the card is issued. (D) the supply of a motor vehicle or other property for use. (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. Section 228b). 30.237, eff. 32.53. commit the offense, but would not encourage a person not predisposed to commit the Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. (B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. 323, Sec. 1.06. that: (1)the actor was a public servant at the time of the offense and the property appropriated 323 (H.B. 1488), Sec. 900, Sec. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. (d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. 1, eff. 399, Sec. (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. September 1, 2009. or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, (c) This section does not prohibit the manufacture, distribution, advertisement, offer for sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law. Sec. 900, Sec. 741, Sec. Acts 2013, 83rd Leg., R.S., Ch. 1, 2, 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. (e) An offense described for purposes of punishment by Subsections (c)(1)-(3) is increased to the next higher category of offense if it is shown on the trial of the offense that the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b). 323 (H.B. (E) given by a person who by reason of advanced age is known by the actor to have a diminished capacity to make informed and rational decisions about the reasonable disposition of property. (ii)a vehicle owned or operated by a wholesale distributor of prescription drugs; (A)the value of the property stolen is $150,000 or more but less than $300,000; or, (B)the value of the property stolen is less than $300,000 and the property stolen (b) For purposes of this section, intent to avoid payment is presumed if any of the following occurs: (1) the actor absconded without paying for the service or expressly refused to pay for the service in circumstances where payment is ordinarily made immediately upon rendering of the service, as in hotels, campgrounds, recreational vehicle parks, restaurants, and comparable establishments; (2) the actor failed to make payment under a service agreement within 10 days after receiving notice demanding payment; (3) the actor returns property held under a rental agreement after the expiration of the rental agreement and fails to pay the applicable rental charge for the property within 10 days after the date on which the actor received notice demanding payment; (4) the actor failed to return the property held under a rental agreement: (A) within five days after receiving notice demanding return, if the property is valued at less than $2,500; (B) within three days after receiving notice demanding return, if the property is valued at $2,500 or more but less than $10,000; or, (C) within two days after receiving notice demanding return, if the property is valued at $10,000 or more; or, (A) failed to return the property held under an agreement described by Subsections (d-2)(1)-(3) within five business days after receiving notice demanding return; and. 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