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. SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. 479, Sec. September 1, 2019. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Tex. (E) promising performance that is likely to affect the judgment of another in the transaction and that the actor does not intend to perform or knows will not be performed, except that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed. Sept. 1, 2003. (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. 13, eff. (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. You be charged with identity theft for stealing any of the following information: Another person's name Fingerprints Date of birth Social Security Number Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1999, 76th Leg., ch. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (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. 432, Sec. (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. 31.04. 3J.02, eff. The consequences of theft vary and are primarily dependent on the value of the property taken. The monetary categories applied to certain theft crimes were increased. 338 (H.B. (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. (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. (B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. 31.08. 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. (3)property in the custody of any law enforcement agency was explicitly represented 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, 2007. (c) An offense under Subsection (b)(1) is a Class B misdemeanor. (c) An offense under this section is a Class A misdemeanor. PENAL CODE TITLE 7. Acts 2011, 82nd Leg., R.S., Ch. (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. (B) registered or certified mail with return receipt requested; (2) is addressed to the issuer at the issuer's address shown on: (B) the records of the bank or other drawee; or, (C) the records of the person to whom the check or order has been issued or passed; and, "This is a demand for payment in full for a check or order not paid because of a lack of funds or insufficient funds. (j)With the consent of the appropriate local county or district attorney, the attorney (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. the actor of stolen property that the property has been previously stolen from another 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. 1.01, eff. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller or September 1, 2017. 1251 (H.B. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 2482), Sec. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 12.22). 1, eff. (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. 3, eff. Example: Joe owns a pawn shop. government at the time of the offense and the property appropriated came into the "A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". (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 (TX Penal Code Ann 6.03(c)) Matter of Franklin , 20 I&N Dec. 867(BIA1994) No. the name, age, address, sex, and driver's license number of the seller or person making 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. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the Acts 2015, 84th Leg., R.S., Ch. 4, eff. (2)State-limited-use pesticide means a pesticide classified as a state-limited-use pesticide by the Department a certificate of title showing that the motor vehicle is not subject to a lien or 1, eff. Acts 2019, 86th Leg., R.S., Ch. Amended by Acts 1975, 64th Leg., p. 914, ch. of the offense by a retail theft detector. (1) "Access device," "connection," and "device" mean an access device, connection, or device wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried by a multichannel video or information services provider. (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. 1245, Sec. 139 (S.B. 120 (S.B. 1251 (H.B. 10, eff. 141 (S.B. Contact us. the license plate number and the make, motor number, and vehicle identification number Acts 2011, 82nd Leg., R.S., Ch. 7.01, eff. 2, eff. September 1, 2009. Acts 1973, 63rd Leg., p. 883, ch. 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. THEFT OF PETROLEUM PRODUCT. Amended by Acts 1975, 64th Leg., p. 914, ch. (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. 31.04. Theft in Texas is defined as an individual unlawfully taking property with the intent of depriving the owner of the property permanently. public servant; (2)the actor was in a contractual relationship with government at the time of the (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. (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. 14, Sec. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. 37), Sec. 1.01, eff. (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. 324 (S.B. 599, Sec. 1, eff. 1828), Sec. 1, eff. Sept. 1, 1995. 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. commit the offense or an opportunity to engage in conduct constituting the offense; in the federal regulations adopted under that law (40 C.F.R. 1153, Sec. pledgor has the right to possess the property; and. PREEMPTION Sec. 497, Sec. (2) "Identifying information" has the meaning assigned by Section 32.51 (Fraudulent Use or Possession of Identifying Information). 167, 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 (f)An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 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. 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. (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. (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. 20, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, 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 THEFT Sec.A31.01.AADEFINITIONS. Current as of April 14, 2021 | Updated by FindLaw Staff. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 2011, 82nd Leg., R.S., Ch. (3) acting with respect to a number assigned to a vehicle by the Texas Department of Transportation or the Texas Department of Motor Vehicles, as applicable, and the person was: (A) in the actual discharge of official duties as an employee or agent of the department; or. Texas theft charges and penalties are as follows: $100 or less: Class C misdemeanor punishable by a $500 fine and no jail time. A person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section . 1, eff. Added by Acts 2021, Texas Acts of the 87th Leg. 165, Sec. Sec. 565, Sec. September 1, 2015. Jan. 1, 1974. 4, eff. 257, Sec. 933 (H.B. Amended by Acts 1983, 68th Leg., p. 2920, ch. 1488), Sec. Acts 2015, 84th Leg., R.S., Ch. (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. (a) A person commits an offense if the person intentionally or knowingly sells or leases, 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. (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. 4, 5, eff. 900, Sec. 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 . Sept. 1, 1983; Acts 1991, 72nd Leg., ch. general has concurrent jurisdiction with that consenting local prosecutor to prosecute (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). Texas Penal Code TEXAS PENAL CODE TITLE 1. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. V.T.C.A., Transportation Code 520.031 et seq. September 1, 2011. September 1, 2011. Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, 2524), Sec. 900, Sec. 3, eff. 1, eff. 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