1251 (H.B. September 1, 2017. 843, Sec. 565, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. the actor of stolen property that the property has been previously stolen from another Chapter 32 - FRAUD Tex. 10, eff. stolen by another; or. 497, Sec. Pen. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller or (9) "Used or secondhand motor vehicle" means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code. (a) A person commits an offense if the person: (1) knowingly or intentionally removes, alters, or obliterates the serial number or other permanent identification marking on tangible personal property; or. September 1, 2009. 9, eff. 1.01, eff. 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). (d) An offense under this section is a Class C misdemeanor unless it is shown on the trial of the offense that the actor: (1) has been previously convicted one time of an offense under this section, in which event the offense is a Class B misdemeanor, or convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor; or. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 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 . (13) "Shielding or deactivation instrument" means any item or tool designed, made, or adapted for the purpose of preventing the detection of stolen merchandise by a retail theft detector. Sec. 5.01(a)(45), eff. Acts 2017, 85th Leg., R.S., Ch. (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. (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. (B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo. by deception if the actor fails to make full payment in accordance with Section 409, (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. 741, Sec. 900, Sec. 323, 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. 31.04. (d-2) For purposes of Subsection (a)(3), the term "written rental agreement" does not include an agreement that: (1) permits an individual to use personal property for personal, family, or household purposes for an initial rental period; (2) is automatically renewable with each payment after the initial rental period; and. 284(80), eff. (9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. 858, Sec. (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. (C) a document, including money, that represents or embodies anything of value. 479, Sec. 4, 5, eff. or a compound, mixture, or preparation containing a restricted-use or state-limited-use 1124 (H.B. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. delivered; or. (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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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. SHORT TITLE Sec. of the offense by a retail theft detector. Sept. 1, 1995. 858, Sec. or. 2482), Sec. (2) the person performing the service or any other person presented the check or sight order for payment before the date on the check or sight order. May 23, 2009. (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. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed in the federal regulations adopted under that law (40 C.F.R. 31.07. Acts 2009, 81st Leg., R.S., Ch. (4) the actor intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make full payment after receiving notice demanding payment. 1466), Sec. (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 motor vehicle subject to Chapter 501, Transportation Code) that the property has 1.01. 31.19. 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. number of the seller or pledgor; (B)fails to record a complete description of the property, including the serial number, 31.20 Texas Penal Code - PENAL 31.20. 933 (H.B. received the motor vehicle, the registration license receipt and certificate of title impulses to a financial institution or through the recording of electronic impulses (g)For the purposes of Subsection (a), a person is the owner of exotic livestock (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. 1, eff. (B) tangible or intangible personal property including anything severed from land; or. INTRODUCTORY PROVISIONS CHAPTER 1. THEFT OF TRADE SECRETS. 4, eff. 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. 323, Sec. 903 (H.B. 31.10. Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. U.S. v.Vargas . September 1, 2011. The monetary categories applied to certain theft crimes were increased. (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. (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. 741, Sec. (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. September 1, 2015. 31.18. 1, eff. Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. 1, eff. the license plate number and the make, motor number, and vehicle identification number 1, eff. 1, eff. of showing knowledge or intent and the issues of knowledge or intent are raised by 1396), Sec. 419, Sec. the actor's plea of not guilty; (2)the testimony of an accomplice shall be corroborated by proof that tends to connect In order for the taking of property to be unlawful, Texas Penal Code 31.03 specifies that one of the following must be the case: The property was taken without consent from the owner if reasonably available, or other identifying characteristics; or. 120 (S.B. Added by Acts 2017, 85th 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 or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide 706 (H.B. "A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". (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 been convicted of any grade of theft; or. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (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 September 1, 2009. 12.22). been previously stolen from another if the actor pays for or loans against the property Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1, eff. (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. COMPUTATION OF AGE Sec. 1, eff. (2) A peace officer may have their certification suspended or revoked if the person has been terminated for cause from employment as a . 858, Sec. (2) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code. 139 (S.B. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. (F)the value of the property stolen is less than $20,000 and the property stolen Theft is a Class C misdemeanor if the property stolen is worth less than $100. 3584), Sec. Financial exploitation of the elderly is a criminal offense in Texas that has been in the statutes since 2011. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Texas Statutes Penal Code Title 7 Chapter 30 Section 30.02 Texas Penal Code Sec. Acts 2011, 82nd Leg., R.S., Ch. 900, Sec. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1999. (a) For purposes of this section: (1) "Article" means any object, material, device, or substance or any copy thereof, including a writing, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map. (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). 318, Sec. 46 (S.B. September 1, 2011. (1) a state jail felony if the total value of the petroleum product appropriated is less than $10,000; (2) a felony of the third degree if the total value of the petroleum product appropriated is $10,000 or more but less than $100,000; (3) a felony of the second degree if the total value of the petroleum product appropriated is $100,000 or more but less than $300,000; or. Sept. 1, 2003. Sept. 1, 1994; Acts 1997, 75th Leg., ch. or. (j) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the state Medicaid program. Contact us. 455, Sec. Acts 2007, 80th Leg., R.S., Ch. September 1, 2015. 887), Sec. (a) If the actor obtained property or secured performance of service by issuing or passing a check or similar sight order for the payment of money, when the issuer did not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders then outstanding, it is prima facie evidence of the issuer's intent to deprive the owner of property under Section 31.03 (Theft) including a drawee or third-party holder in due course who negotiated the check or order or to avoid payment for service under Section 31.04 (Theft of Service) (except in the case of a postdated check or order) if: (1) the issuer had no account with the bank or other drawee at the time the issuer issued the check or sight order; or. (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 Theft is a Class A misdemeanor if the goods stolen . (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. 1178), Sec. 4, eff. Section 228b). Sept. 1, 1991; Acts 1991, 72nd Leg., ch. property is less than 10 head of sheep, swine, or goats or any part thereof under (4) a felony of the first degree if the total value of the petroleum product appropriated is $300,000 or more. It is the express intent of this provision that the presumption arises unless the (1) the premises are a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; and (2) the person entered or remained concealed in that building with intent to commit a theft of a controlled substance. 2, eff. 2.136, eff. Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (B)fails to file with the county tax assessor-collector of the county in which the (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. $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 1, eff. 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. Read the full Texas Code for more information. Chapter 31 of the Texas Penal Code governs the crime of THEFT in Texas. TERRITORIAL JURISDICTION Sec. Acts 1973, 63rd Leg., p. 883, ch. (2) possesses, sells, or offers for sale tangible personal property and: (A) the actor knows that the serial number or other permanent identification marking has been removed, altered, or obliterated; or. 12, eff. Acts 2009, 81st 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. If found guilty of a Class C misdemeanor, the offender faces a maximum fine of $500. 338 (H.B. (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. Acts 2011, 82nd Leg., R.S., Ch. Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, ch. 37), Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 399, Sec. Amended by Acts 1975, 64th Leg., p. 914, ch. 1, eff. WebRead Section 32. Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 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) 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. (3)property in the custody of any law enforcement agency was explicitly represented is an automated teller machine or the contents or components of an automated teller having an aggregate value of less than $150,000; or. 9, eff. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. 165, Sec. (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. Sept. 1, 1994. Sec. (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. Id. 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. 821), Sec. 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