(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. September 1, 2015. Jan. 1, 1974. been previously stolen from another if the actor pays for or loans against the property (B) fails to file with the county tax assessor-collector of the county in which the actor received the motor vehicle, not later than the 20th day after the date the actor received the motor vehicle, the registration license receipt and certificate of title or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 520, Transportation Code, at the time the motor vehicle was delivered; (8) an actor who purchases or receives from any source other than a licensed retailer or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide or a compound, mixture, or preparation containing a restricted-use or state-limited-use pesticide is presumed to know on receipt by the actor of the pesticide or compound, mixture, or preparation that the pesticide or compound, mixture, or preparation has 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 compound, mixture, or preparation purchased or received; and, (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property; and. (7)a felony of the first degree if the value of the property stolen is $300,000 or to deprive the owner of property. (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. 2, eff. Sec. 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. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. (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. (7) a felony of the first degree if the value of the property stolen is $300,000 or more. 1, eff. 548), Sec. The Texas Penal Study Guide and Workbook : An Officer's guide to understanding and working with the Texas Penal Code represents the primary source of penal offenses utilized by peace officers to report prohibited conduct as violations of law. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the a certificate of title showing that the motor vehicle is not subject to a lien or 724, Sec. by deception if the actor fails to make full payment in accordance with Section 409, OBJECTIVES OF CODE Sec. Chapter 31 of the Texas Penal Code governs the crime of THEFT in Texas. a pharmacy, clinic, hospital, nursing facility, or warehouse; or. (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. 1, eff. 2, eff. 11, eff. 1, eff. (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. 21, eff. In this chapter: (1)AA"Deception" means: (A)AAcreating 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; Sept. 1, 2003. A shipment is considered to be moving in commerce if the shipment is located at any point between the point of origin and the final point of destination regardless of any temporary stop that is made for the purpose of transshipment or otherwise. Section 32.51 Texas Penal Code Sec. V.T.C.A., Transportation Code 520.031 et seq. (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. Sec. - Regular Session . 399, Sec. (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 (e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. (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. 31.20. 295 (H.B. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. the property believing it was stolen by another. Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. (g)For the purposes of Subsection (a), a person is the owner of exotic livestock 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 (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). Acts 2013, 83rd Leg., R.S., Ch. The term includes an automated banking machine. (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. (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. 1.06. (B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. 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 (3) pledgor has the right to possess the property. WebRead Section 32. 2, eff. 1, eff. 70 (H.B. Amended by Acts 1983, 68th Leg., p. 2920, ch. 399, Sec. 12.22). (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. pledgor has the right to possess the property; and. 2, 3, eff. Read the full Texas Code for more information. Section 228b). THEFT OF SERVICE. September 1, 2007. 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. Sept. 1, 1985; Acts 1985, 69th Leg., ch. The statute defines theft as unlawfully appropriating property with the intent to deprive the owner of the property. Sec. 31.11. Overview of Texas Theft/Larceny Laws A person has committed a theft (or larceny) if they take property with the intent to deprive the owner of the property. general has concurrent jurisdiction with that consenting local prosecutor to prosecute 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. 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, (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. THEFT OF SERVICE. 429, Sec. GENERAL PROVISIONS Sec. (2) payment was refused by the bank or other drawee for lack of funds or insufficient funds, on presentation within 30 days after issue, and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal. Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Under Texas Penal Code 22.04 (a), a person commits the offense of injury to a child, elderly individual, or disabled individual if they cause a serious bodily injury, serious mental deficiency, impairment, or injury, or bodily injury to a child, elderly individual, or disabled individual. 1251 (H.B. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. Acts 2011, 82nd Leg., R.S., Ch. rebuilding, demolition, or other form of salvage is presumed to know on receipt by Amended by Acts 1999, 76th Leg., ch. 191, Sec. 31.04. 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. 976 (S.B. Sept. 1, 1999; Acts 2001, 77th Leg., ch. property, or lending money on the security of personal property deposited with the 2022 California Code Penal Code - PEN PART 1 - OF CRIMES AND PUNISHMENTS TITLE 9 - OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS CHAPTER 13 . September 1, 2011. 1, eff. (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04. (C)fails to obtain a signed warranty from the seller or pledgor that the seller or (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 is an automated teller machine or the contents or components of an automated teller machine; or. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. having an aggregate value of less than $150,000; or. 1251 (H.B. 3, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. 393, Sec. that all recorded liens on the motor vehicle have been released; or. (B) a television set, videotape recorder, or other receiver attached to a multichannel video or information system; (2) attaches, causes to be attached, or maintains the attachment of a device to: (B) a television set, videotape recorder, or other receiver attached to a multichannel video or information services system; (3) tampers with, modifies, or maintains a modification to a device installed by a multichannel video or information services provider; or. 741, Sec. Jan. 1, 1974. (c) If written notice is given in accordance with Subsection (b), it is presumed that the notice was received no later than five days after it was sent. 1, eff. 1.01, eff. September 1, 2011. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. actor, is presumed to know upon receipt by the actor of stolen property (other than This means that a person charged with theft may face a less severe punishment when compared to the . Texas theft charges and penalties are as follows: $100 or less: Class C misdemeanor punishable by a $500 fine and no jail time. or other official number capable of identifying an individual; (5)stolen property does not lose its character as stolen when recovered by any law 55, see flags on bad law, and search Casetext's comprehensive legal database PENAL CODE. (1) a Class C misdemeanor if the total value of the merchandise involved in the activity is less than $100; (2) a Class B misdemeanor if the total value of the merchandise involved in the activity is $100 or more but less than $750; (3) a Class A misdemeanor if the total value of the merchandise involved in the activity is $750 or more but less than $2,500; (4) a state jail felony if the total value of the merchandise involved in the activity is $2,500 or more but less than $30,000; (5) a felony of the third degree if the total value of the merchandise involved in the activity is $30,000 or more but less than $150,000; (6) a felony of the second degree if the total value of the merchandise involved in the activity is $150,000 or more but less than $300,000; or. 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. $100-$750: Class B misdemeanor punishable by 180 days in jail and a fine up to $2,000. 134.001). (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. THEFT. part purchased by or delivered to the actor, including the date of purchase or delivery, 858, Sec. (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. 1488), Sec. MANUFACTURE, DISTRIBUTION, OR ADVERTISEMENT OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. 31.12. (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. The term includes an automated banking machine. 128 (S.B. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. received the motor vehicle, the registration license receipt and certificate of title (11) "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment. Acts 2011, 82nd Leg., R.S., Ch. 497, Sec. (2) "Credit card" and "debit card" have the meanings assigned by Section 32.31. (B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo. 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. 15, eff. Amended by Acts 1983, 68th Leg., p. 4525, ch. 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). September 1, 2013. (1) "Restricted-use pesticide" means a pesticide classified as a restricted-use pesticide by the administrator of the Environmental Protection Agency under 7 U.S.C. 821), Sec. Sec. (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. (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. (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. 31.15. 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. Acts 1973, 63rd Leg., p. 883, ch. 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 (d) For purposes of Subsection (c), the total value of the cargo involved in the activity includes the value of any vehicle stolen or damaged in the course of the same criminal episode as the conduct that is the subject of the prosecution. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. been convicted of any grade of theft; or. 349, Sec. 2482), Sec. A class B misdemeanor is punishable by a maximum 180-day county jail term, $2,000 fine, or both (Texas Penal Code Ann. 14, Sec. 1.08. a human corpse or grave, including property that is a military grave marker; (C)the property stolen is a firearm, as defined by Section 46.01; (D)the value of the property stolen is less than $2,500 and the defendant has been 5, eff. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. Acts 2015, 84th Leg., R.S., Ch. (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. 1828), Sec. (c) An offense under Subsection (b)(1) is a Class B misdemeanor. 1, 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 245, Sec. at 32.53 (b). (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. public servant; (2)the actor was in a contractual relationship with government at the time of the Theft does not only have to be direct taking of another's property. 565, Sec. 900, Sec. (12) "Retail theft detector" means an electrical, mechanical, electronic, or magnetic device used to prevent or detect shoplifting and includes any article or component part essential to the proper operation of the device. 30.238, 31.01(69), eff. listed in the rules adopted under that section (4 TAC Section 7.24) as that section existed on that date. Sept. 1, 1979. 13, eff. (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. 5, eff. or. 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 . 1766), Sec. Current as of April 14, 2021 | Updated by FindLaw Staff. 1274 (H.B. 1871), Sec. 109, Sec. 31.06. (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. 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