(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. V.T.C.A., Transportation Code 520.031 et seq. Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, ch. 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, (C) a document, including money, that represents or embodies anything of value. Added by Acts 1995, 74th Leg., ch. 821), Sec. Added by Acts 2021, Texas Acts of the 87th Leg. 4, eff. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. (d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. if reasonably available, or other identifying characteristics; or. receipt, or transfer document as required by Chapter 683, Transportation Code, or 1, eff. (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. part purchased by or delivered to the actor, including the date of purchase or delivery, (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. 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 257, Sec. (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. 903 (H.B. 1, eff. been previously stolen from another if the actor pays for or loans against the property 31.11. Sept. 1, 2001; Acts 2003, 78th Leg., ch. WebRead Section 32. 419, Sec. Sept. 1, 2001. Additionally, theft is automatically a State Jail felony if the stolen property is a firearm or certain types of livestock valued at under $20,000. September 1, 2015. Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. government at the time of the offense and the property appropriated came into the (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. (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. TERRITORIAL JURISDICTION Sec. rebuilding, demolition, or other form of salvage is presumed to know on receipt by (3)the actor was solicited to commit the offense by a peace officer, and the solicitation Penal Code Ann. 1, eff. PRESUMPTION FOR THEFT BY CHECK OR SIMILAR SIGHT ORDER. 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). (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 4, 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. 203, Sec. 1.04. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Pen. 724, Sec. 821), Sec. the delivery, the license plate number of the motor vehicle in which the part was 900, Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Read the full Texas Code for more information. 198, Sec. 2482), Sec. 31.20 Mail Theft (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). (g)For the purposes of Subsection (a), a person is the owner of exotic livestock (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. 31.16. 399, Sec. (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. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise. 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. Sec. Under Section 31.03, THEFT is defined as follows: THEFT occurs when a person takes control of another's property and intends to deprive the owner of their property without the owners consent. September 1, 2017. 20, eff. September 1, 2011. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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. 1396), Sec. executed certificate of title to the motor vehicle at the time the motor vehicle was 2.136, eff. 9, eff. Acts 2011, 82nd Leg., R.S., Ch. (1)evidence that the actor has previously participated in recent transactions other 260 (H.B. 12, eff. June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch. PENAL CODE TITLE 7. 1178), Sec. Sept. 1, 1989; Acts 1989, 71st Leg., ch. (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. 497, Sec. (A) to bring about a transfer or purported transfer of title to or other nonpossessory interest in property, whether to the actor or another; or. actor's custody, possession, or control by virtue of the contractual relationship; Sept. 1, 1985; Acts 1985, 69th Leg., ch. Added by Acts 2019, 86th Leg., R.S., 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 31.10. 455, Sec. Amended by Acts 1977, 65th Leg., p. 1138, ch. 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. that all recorded liens on the motor vehicle have been released; or. Theft of a vehicle worth less than $2,500 is a misdemeanor and any theft above that amount constitutes a felony. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo. (e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. (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)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) 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. Sec. SHORT TITLE Sec. Sept. 1, 1979. 1828), Sec. Acts 2017, 85th Leg., R.S., Ch. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. Theft - last updated April 14, 2021 (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. (C)fails to obtain a signed warranty from the seller or pledgor that the seller or Sept. 1, 1994; Acts 1995, 74th Leg., ch. 31.19. Acts 2011, 82nd Leg., R.S., Ch. or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide Sec. or evidence of title delivered to the actor in accordance with Subchapter D, Chapter (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. 432, Sec. (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. 900, Sec. (D) the supply of a motor vehicle or other property for use. a pharmacy, clinic, hospital, nursing facility, or warehouse; 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. offense to actually commit the offense. 32.53. (10) "Elderly individual" has the meaning assigned by Section 22.04(c). UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. If the value of the property stolen is worth $100 or more, but less than $750, it's a Class B misdemeanor. (j)With the consent of the appropriate local county or district attorney, the attorney (9)an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. (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. (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. (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. The victim can collect actual damages plus up to $1,000.00 against an individual, or up to $5,000.00 against the parents or guardians of a minor (Sec. Appropriate charges based on property value according to Texas Penal Code 31 include: Class C misdemeanor for theft of property up to $100 in value: $500 fine. (C)fails on receipt of a motor vehicle to immediately remove an unexpired license (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) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). Sept. 1, 2003. 1, eff. September 1, 2015. 1.01, 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. Sept. 1, 1999. VALUE. 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