the license plate number and the make, motor number, and vehicle identification number 671), Sec. (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. more. 1, eff. (b) In this section, "device," "encrypted, encoded, scrambled, or other nonstandard signal," and "multichannel video or information services provider" have the meanings assigned by Section 31.12. 1251 (H.B. VALUE. (4)Automated teller machine means an unstaffed electronic information processing device that, at the request You be charged with identity theft for stealing any of the following information: Another person's name Fingerprints Date of birth Social Security Number Section 32.51 Texas Penal Code Sec. commit the offense or an opportunity to engage in conduct constituting the offense; If you fail to make payment in full within 10 days after the date of receipt of this notice, the failure to pay creates a presumption for committing an offense, and this matter may be referred for criminal prosecution.". Appropriation of property is unlawful if: it is without the owner's effective consent; the property is stolen and the actor appropriates the property knowing it was stolen by another; or 338 (H.B. 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. a pharmacy, clinic, hospital, nursing facility, or warehouse; or. (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. The consequences of theft vary and are primarily dependent on the value of the property taken. (1)Restricted-use pesticide means a pesticide classified as a restricted-use pesticide by the administrator 1.01, eff. (3) "Effective consent" includes consent by a person legally authorized to act for the owner. Code 32.55 - Casetext. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2019. 1488), Sec. (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. Sept. 1, 1983; Acts 1985, 69th Leg., ch. Sec. 1, eff. Section 152.175) and in effect on that date. Theft is a Class A misdemeanor if the goods stolen . Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). (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. 933 (H.B. Sec. September 1, 2011. 31.16. 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). of the Environmental Protection Agency under 7 U.S.C. 323 (H.B. THEFT OF SERVICE. 2, eff. (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. Sec. if reasonably available, or other identifying characteristics; or. 30.239, eff. 543, Sec. 2482), Sec. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. September 1, 2015. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. September 1, 2015. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 1, eff. 5.01(a)(45), eff. 1766), Sec. Jan. 1, 1974. (b) An offense under this section is a state jail felony. Acts 2009, 81st Leg., R.S., Ch. Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. 1178), Sec. to know on receipt by the actor of the motor vehicle that the motor vehicle has been SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. PRESUMPTION FOR THEFT BY CHECK OR SIMILAR SIGHT ORDER. 31.06. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 858, Sec. impulses to a financial institution or through the recording of electronic impulses 432, Sec. Amended by Acts 1991, 72nd Leg., ch. Acts 2015, 84th Leg., R.S., Ch. of showing knowledge or intent and the issues of knowledge or intent are raised by The Texas Penal Code defines theft as taking someone else's property without consent, either by deception or by physically stealing it. the actor to the crime, but the actor's knowledge or intent may be established by Acts 2009, 81st Leg., R.S., Ch. Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. (B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. 901, Sec. 31.17. Added by Acts 2021, Texas Acts of the 87th Leg. Example: Joe owns a pawn shop. Sec. 198, Sec. 46 (S.B. (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. 284(80), eff. (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. Added by Acts 2019, 86th Leg., R.S., Ch. Amended by Acts 1975, 64th Leg., p. 914, ch. enforcement agency; (6)an actor engaged in the business of obtaining abandoned or wrecked motor vehicles delivered, a complete description of the part, and the vehicle identification number identification certificate issued by this state or another state; (3)a Class A misdemeanor if the value of the property stolen is $750 or more but 1, eff. 141 (S.B. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (C)fails to obtain a signed warranty from the seller or pledgor that the seller or 11, eff. (C)used a shielding or deactivation instrument to prevent or attempt to prevent detection A class B misdemeanor is punishable by a maximum 180-day county jail term, $2,000 fine, or both (Texas Penal Code Ann. Sept. 1, 1994; Acts 1997, 75th Leg., ch. (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. 1251 (H.B. 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). (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 Acts 1973, 63rd Leg., p. 883, ch. Chapter 31 of the Texas Penal Code governs the crime of THEFT in Texas. Acts 1973, 63rd Leg., p. 883, ch. (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. (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. (B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo. 32.53. (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. (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. 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 12.22). 323 (H.B. 1, 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. (d-5) For purposes of Subsection (b)(5), "business day" means a day other than Sunday or a state or federal holiday. (4) a felony of the first degree if the total value of the petroleum product appropriated is $300,000 or more. 1, eff. THEFT OF SERVICE. 821), Sec. (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. (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. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. 30.237, eff. Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Under the Texas Penal Code Section 32.51, this offense can be either a state jail felony or a felony of the first, second or third degree. 31.04. (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. 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. $100-$750: Class B misdemeanor punishable by 180 days in jail and a fine up to $2,000. 399, Sec. Theft is a Class C misdemeanor if the property stolen is worth less than $100. 324 (S.B. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. 323, Sec. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, ch. June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch. 55 - Financial Abuse of Elderly Individual, Tex. A person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section . September 1, 2009. 31.20. Title 7 - OFFENSES AGAINST PROPERTY. 1, eff. 900, Sec. 31.05. Sec. 429, Sec. Amended by Acts 1975, 64th Leg., p. 914, ch. an offense under this section that involves the state Medicaid program. (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. commit the offense, but would not encourage a person not predisposed to commit the September 1, 2009. 858, Sec. (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. 1, eff. 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. mixture, or preparation that the pesticide or compound, mixture, or preparation has Sec. Sec. 31.02. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. September 1, 2013. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. (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. or a compound, mixture, or preparation containing a restricted-use or state-limited-use in the federal regulations adopted under that law (40 C.F.R. 1, eff. 1276, 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 Acts 2007, 80th Leg., R.S., Ch. (2) transfers to a third party information obtained as described by Subdivision (1). (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. (a)A person commits an offense if he unlawfully appropriates property with intent 30.238, 31.01(69), eff. actor's custody, possession, or control by virtue of the contractual relationship; 455, Sec. Current as of April 14, 2021 | Updated by FindLaw Staff. 4, eff. (B) return the property to the owner within 10 days after receiving the demand for return of the property. 3, eff. 4, eff. 901, Sec. or other indicia of a transaction for delayed transmission to a financial institution. (a) In this section, "petroleum product" means crude oil, natural gas, or condensate. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. Pen. 4, eff. 134.001). Mail Theft Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (a) A person commits an offense if he intentionally or knowingly operates another's boat, airplane, or motor-propelled vehicle without the effective consent of the owner. actor, is presumed to know upon receipt by the actor of stolen property (other than September 1, 2015. 887), Sec. 31.14. GENERAL PROVISIONS Sec. 31.08. 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. 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 Fraudulent Use or Possession of Identifying Information Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. THEFT Sec.A31.01.AADEFINITIONS. Sec. 1, eff. SHORT TITLE Sec. (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. 109, Sec. election; or. (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 (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. 1, eff. September 1, 2011. The term includes an automated banking machine. of the motor vehicle from which the part was removed, or in lieu of maintaining an 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 September 1, 2017. Acts 2011, 82nd Leg., R.S., Ch. (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. Acts 2011, 82nd Leg., R.S., Ch. All rights reserved. the property believing it was stolen by another. 31.11. What Qualifies as Identifying Information? Nursing facility, or preparation has Sec a shielding or deactivation instrument prevent. Shown theft from person texas penal code the value of the offense, but would not encourage a person commits an offense he! 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