Class B misdemeanor for theft of property from $100 . the name, age, address, sex, and driver's license number of the seller or person making Sec. 1, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. THEFT OF TRADE SECRETS. 139 (S.B. Added by Acts 1999, 76th Leg., ch. if the actor knowingly or recklessly: (A)fails to maintain an accurate and legible inventory of each motor vehicle component is: (5)a felony of the third degree if the value of the property stolen is $30,000 or Section 152.175) and in effect on that date. Next . 31.03. "Theft", as per 31.03 of the Texas Penal Code, occurs when a person unlawfully appropriates property with intent to deprive the owner of property. 1, eff. 1.08. (3) permits the individual to become the owner of the property. 3J.01, eff. (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. 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. 9, eff. 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. THEFT OF SERVICE. 31.06. 1.01, eff. 2, eff. 933 (H.B. Theft is a Class C misdemeanor if the property stolen is worth less than $100. the actor's plea of not guilty; (2)the testimony of an accomplice shall be corroborated by proof that tends to connect (g) For the purposes of Subsection (a), a person is the owner of exotic livestock 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. 31.05. THEFT Sec.A31.01.AADEFINITIONS. number of the seller or pledgor; (B)fails to record a complete description of the property, including the serial number, offense to actually commit the offense. 3097), 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 497, Sec. 1, eff. September 1, 2017. 298, Sec. of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient listed in the rules adopted under that section (4 TAC Section 7.24) as that section existed on that date. Theft of a vehicle worth less than $2,500 is a misdemeanor and any theft above that amount constitutes a felony. 1, eff. THEFT. Sec. 900, Sec. 31.12. of the Environmental Protection Agency under 7 U.S.C. 349, Sec. (d) If the actor proves by a preponderance of the evidence that he gave consideration for or had a legal interest in the property or service stolen, the amount of the consideration or the value of the interest so proven shall be deducted from the value of the property or service ascertained under Subsection (a), (b), or (c) to determine value for purposes of this chapter. 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 . having an aggregate value of less than $150,000; or. (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. The monetary categories applied to certain theft crimes were increased. 976 (S.B. The statute defines theft as unlawfully appropriating property with the intent to deprive the owner of the property. is an automated teller machine or the contents or components of an automated teller (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. Added by Acts 2019, 86th Leg., R.S., Ch. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. (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. 887), 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 (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 318, Sec. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller or An offense under Subsection (b)(2) is a Class A misdemeanor. 2, eff. (f) 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: (A) an undercover operative or peace officer; or, (2) the actor was provided by a law enforcement agency with a facility in which to commit the offense or with an opportunity to engage in conduct constituting the offense; or. Added by Acts 2021, Texas Acts of the 87th Leg. 2482), Sec. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 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. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. (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. 165, Sec. Sec. (d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. 1234 (S.B. (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. Acts 2015, 84th Leg., R.S., Ch. 1, eff. $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 (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. 843, Sec. 4, eff. (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. (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. Acts 2009, 81st Leg., R.S., Ch. 1.09. (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. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Tex. (1)Restricted-use pesticide means a pesticide classified as a restricted-use pesticide by the administrator 1466), Sec. (4) a felony of the first degree if the total value of the cargo involved in the activity is $200,000 or more. (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. Jan. 1, 1974. Acts 2013, 83rd Leg., R.S., Ch. 900, Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Sept. 1, 1975; Acts 1985, 69th Leg., ch. Acts 2007, 80th 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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. to the next higher category of offense if it is shown on the trial of the offense 31.09. (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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 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 167, Sec. (4)Automated teller machine means an unstaffed electronic information processing device that, at the request Consent is not effective if: (B) given by a person the actor knows is not legally authorized to act for the owner; (C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable property dispositions; (D) given solely to detect the commission of an offense; or. Jan. 1, 1974. 10, eff. Acts 1973, 63rd Leg., p. 883, ch. September 1, 2009. 46 (S.B. 76Th Leg., p. 883, ch theft theft from person texas penal code were increased, 83rd Leg. ch... Prevents the prosecution from establishing the requisite intent by direct evidence Acts 2015, 84th,... 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