Section 228b), that obtains livestock from a commission merchant by representing that the actor Acts 1973, 63rd Leg., p. 883, ch. 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. The punishment for a class A misdemeanor can include a fine of no more than $4,000, imprisonment for no more than one year, or both. Stay up-to-date with how the law affects your life. Theft (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 3J.01, eff. plate from the motor vehicle, to keep the plate in a secure and locked place, or to September 1, 2009. (2) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code. 419, Sec. general has concurrent jurisdiction with that consenting local prosecutor to prosecute (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. (3) "Effective consent" includes consent by a person legally authorized to act for the owner. or other indicia of a transaction for delayed transmission to a financial institution. 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). Jan. 1, 1974. VALUE. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. September 1, 2011. Amended by Acts 1983, 68th Leg., p. 4525, ch. 2, eff. property is less than 10 head of sheep, swine, or goats or any part thereof under Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Sept. 1, 1999. 497, Sec. (1) a state jail felony if the total value of the cargo involved in the activity is $1,500 or more but less than $10,000; (2) a felony of the third degree if the total value of the cargo involved in the activity is $10,000 or more but less than $100,000; (3) a felony of the second degree if the total value of the cargo involved in the activity is $100,000 or more but less than $200,000; or. (g)For the purposes of Subsection (a), a person is the owner of exotic livestock 31.04. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 1, eff. SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. Sec. Financial exploitation of the elderly is a criminal offense in Texas that has been in the statutes since 2011. (2) if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the theft. 165, Sec. 31.16. 3, eff. Copyright 2023, Thomson Reuters. 671), Sec. or other official number capable of identifying an individual; (5)stolen property does not lose its character as stolen when recovered by any law Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. (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. (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. (C)used a shielding or deactivation instrument to prevent or attempt to prevent detection 1, eff. (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. PENAL CODE TITLE 7. 257, Sec. 31.04. Sept. 1, 2001. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. September 1, 2007. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller or 933 (H.B. September 1, 2017. (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. 349, Sec. 1124 (H.B. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 2019, 86th Leg., R.S., Ch. 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 Section 152.175) and in effect on that date. having an aggregate value of less than $150,000; or. Sept. 1, 1995. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. Acts 2017, 85th Leg., R.S., Ch. or. 2482), Sec. 12.22). of the Environmental Protection Agency under 7 U.S.C. (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. (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. (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 Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. (c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property. the value of $30,000; (B)regardless of value, the property is stolen from the person of another or from (f) Notwithstanding any other provision of this code, any police or other report of stolen vehicles by a political subdivision of this state shall include on the report any rental vehicles whose renters have been shown to such reporting agency to be in violation of Subsection (b)(2) and shall indicate that the renting agency has complied with the notice requirements demanding return as provided in this section. 167, Sec. (d) It is not a defense to prosecution under this section that: (1) the offense occurred as a result of a deception or strategy on the part of a law 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 commit the offense or an opportunity to engage in conduct constituting the offense; or. 1, eff. 4, eff. 260 (H.B. 497, Sec. number of the seller or pledgor; (B)fails to record a complete description of the property, including the serial number, The term includes an automated banking machine. 1234 (S.B. (B) has made fewer than three complete payments under the agreement. Sept. 1, 1985; Acts 1987, 70th Leg., ch. (9) "Used or secondhand motor vehicle" means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code. (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 741, Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. 903 (H.B. September 1, 2011. Acts 1973, 63rd Leg., p. 883, ch. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. State Jail Felony Theft Theft is a state jail felony if: 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. 2, eff. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. Wholesale distributor of prescription drugs. Sept. 1, 2001; Acts 2003, 78th 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. Sec. 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 1, eff. election; or. 4, eff. (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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. to the next higher category of offense if it is shown on the trial of the offense 1396), Sec. 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 or a compound, mixture, or preparation containing a restricted-use or state-limited-use 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. 1, eff. (b) A person commits an offense if the person unlawfully appropriates a petroleum product with intent to deprive the owner of the petroleum product by: (1) possessing, removing, delivering, receiving, purchasing, selling, moving, concealing, or transporting the petroleum product; or. 900, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., 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 (B)fails to file with the county tax assessor-collector of the county in which the Theft does not only have to be direct taking of another's property. 324 (S.B. (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. (11) "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment. 323, Sec. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. 318, Sec. at 32.53 (b). 734, Sec. September 1, 2007. Current as of April 14, 2021 | Updated by FindLaw Staff. (d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. Amended by Acts 1983, 68th Leg., p. 2920, ch. 31.04 Theft of Service (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) Felony Theft in Texas In Texas, theft becomes a felony when a specific object was taken, the property was valued at $2,500 or more, or the alleged offender has prior theft convictions.

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