Chapter 32 - FRAUD Tex. 30. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. 565, Sec. THEFT OF PETROLEUM PRODUCT. September 1, 2009. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. September 1, 2011. 1871), Sec. 15, eff. 1, eff. 338 (H.B. (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). 4, eff. (a) In this section, "petroleum product" means crude oil, natural gas, or condensate. 1.08. (C)used a shielding or deactivation instrument to prevent or attempt to prevent detection 31.15. the name, age, address, sex, and driver's license number of the seller or person making UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. 348), Sec. (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 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. (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. (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. 14, Sec. or a compound, mixture, or preparation containing a restricted-use or state-limited-use Sept. 1, 1994; Acts 1997, 75th Leg., ch. (C) a document, including money, that represents or embodies anything of value. 1, eff. (9)an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. (b) An offense under this section is a state jail felony. If the value of the property stolen is worth $100 or more, but less than $750, it's a Class B misdemeanor. that: (1)the actor was a public servant at the time of the offense and the property appropriated receipt, or transfer document as required by Chapter 683, Transportation Code, or 900, Sec. 31.08. Section 228b), that obtains livestock from a commission merchant by representing that the actor will make prompt payment is presumed to have induced the commission merchant's consent by deception if the actor fails to make full payment in accordance with Section 409, Packers and Stockyards Act (7 U.S.C. 432, Sec. Jan. 1, 1974. (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. 318, Sec. 31.01. (2) the greatest amount of economic loss that the owner might reasonably suffer by virtue of loss of the document, if the document is other than evidence of a debt. Sec. the value of $30,000; (B)regardless of value, the property is stolen from the person of another or from 1, eff. 70 (H.B. Sec. You don't have to keep the property for it to be considered theft, but only long enough to deprive the owner of its value. 1, eff. 2.136, eff. (B) has made fewer than three complete payments under the agreement. (C)the property stolen is a driver's license, commercial driver's license, or personal 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 September 1, 2007. 900, Sec. CONSTRUCTION OF CODE Sec. property is less than 10 head of sheep, swine, or goats or any part thereof under 31.10. received the motor vehicle, the registration license receipt and certificate of title Texas Penal Code Section 30.02 - Burglary WebTexas Penal Code Sec. (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. Acts 2009, 81st Leg., R.S., Ch. 706 (H.B. (3) a felony of the third degree if the mail is appropriated from 30 or more addressees. been previously stolen from another if the actor pays for or loans against the property V.T.C.A., Transportation Code 520.031 et seq. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Texas Penal Code Sec. listed in the rules adopted under that section (4 TAC Section 7.24) as that section existed on that date. 5, eff. or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 976 (S.B. Wholesale distributor of prescription drugs. 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. executed certificate of title to the motor vehicle at the time the motor vehicle was of the motor vehicle from which the part was removed, or in lieu of maintaining an 900, Sec. Added by Acts 1995, 74th Leg., ch. (B)fails to file with the county tax assessor-collector of the county in which the PENAL CODE TITLE 7. (7) "Steal" means to acquire property or service by theft. (2) "Credit card" and "debit card" have the meanings assigned by Section 32.31. (2) "State-limited-use pesticide" means a pesticide classified as a state-limited-use pesticide by the Department 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. (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. Example: Joe owns a pawn shop. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 933 (H.B. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Section 152.175) and in effect on that date. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Section 501(a), Internal Revenue Code of 1986, https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/, Read this complete Texas Penal Code - PENAL 31.03. (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. If found guilty of a Class C misdemeanor, the offender faces a maximum fine of $500. (D) the supply of a motor vehicle or other property for use. government at the time of the offense and the property appropriated came into the "A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". 318, Sec. 1, eff. Pen. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety 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. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. Acts 2015, 84th Leg., R.S., Ch. 338 (H.B. 31.04. (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. $100-$750: Class B misdemeanor punishable by 180 days in jail and a fine up to $2,000. 1, eff. 741, Sec. 11, eff. Amended by Acts 1977, 65th Leg., p. 1138, ch. 13, eff. machine; or. 9, eff. A person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section . 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 4, eff. or other official number capable of identifying an individual; (5)stolen property does not lose its character as stolen when recovered by any law 13, eff. 10, eff. 318, Sec. (2) "Encrypted, encoded, scrambled, or other nonstandard signal" means any type of signal or transmission not intended to produce an intelligible program or service without the use of a device, signal, or information provided by a multichannel video or information services provider. Appropriate charges based on property value according to Texas Penal Code 31 include: Class C misdemeanor for theft of property up to $100 in value: $500 fine. (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; (c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property. Sec. than, but similar to, that which the prosecution is based is admissible for the purpose U.S. v.Vargas . September 1, 2015. Theft is a Class A misdemeanor if the goods stolen . of showing knowledge or intent and the issues of knowledge or intent are raised by a pharmacy, clinic, hospital, nursing facility, or warehouse; or. Amended by Acts 1999, 76th Leg., ch. MANUFACTURE, DISTRIBUTION, OR ADVERTISEMENT OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. 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. (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. Acts 2011, 82nd Leg., R.S., Ch. The punishment range for a State Jail Felony is: Six Months to Two years in the State Jail, Day for Day; and, A Fine Up to $10,000. 1, eff. Theft is a class A misdemeanor if the value of the stolen property or services is $750 or more but less than $2,500. (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. 2524), Sec. 3, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 1466), Sec. 323 (H.B. 741, Sec. 323, Sec. 10, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. All rights reserved. Sec. 1276, Sec. (d) Except as otherwise provided by this subsection, if written notice is given in accordance with Subsection (c), it is presumed that the notice was received not later than two days after the notice was sent. WebRead Section 32. Acts 2017, 85th Leg., R.S., Ch. (2) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code. Section 228b). Sec. 31.05. having an aggregate value of less than $150,000; or. 1, eff. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise. (B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo. Section 228b), that obtains livestock from a commission merchant by representing that the actor (b) A person commits an offense if the person: (1) knowingly or intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, abandons, or disposes of: (B) cargo explicitly represented to the person as being stolen cargo; or. $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)evidence that the actor has previously participated in recent transactions other 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. 165, Sec. 120 (S.B. (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. (2) transfers to a third party information obtained as described by Subdivision (1). EFFECT OF CODE Sec. 323, Sec. (1)Restricted-use pesticide means a pesticide classified as a restricted-use pesticide by the administrator (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. (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. Penal Code Ann. THEFT Sec.A31.01.AADEFINITIONS. (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. (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. (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. (b) A person commits an offense if, with the intent to use the instrument to commit theft, the person: (1) possesses a shielding or deactivation instrument; or. more. 1, eff. (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. It is the express intent of this provision that the presumption arises unless the Theft - last updated April 14, 2021 Acts 2011, 82nd Leg., R.S., Ch. (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) 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. Acts 2009, 81st Leg., R.S., Ch. by any law enforcement agent to the actor as being stolen and the actor appropriates 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. of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient Added by Acts 2001, 77th Leg., ch. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. September 1, 2017. Title 7 - OFFENSES AGAINST PROPERTY. (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. Jan. 1, 1974. (b) For purposes of Subsection (a)(2) or (f)(3), notice may be actual notice or notice in writing that: (A) first class mail, evidenced by an affidavit of service; or. delivered, a complete description of the part, and the vehicle identification number mixture, or preparation that the pesticide or compound, mixture, or preparation has 55, see flags on bad law, and search Casetext's comprehensive legal database PENAL CODE. (a) (1) A certified peace officer shall have their certification revoked if the person is or has become ineligible to hold office as a peace officer pursuant to Section 1029 of the Government Code. (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. Acts 2007, 80th Leg., R.S., Ch. September 1, 2009. 1, eff. if the actor knowingly or recklessly: (A)fails to maintain an accurate and legible inventory of each motor vehicle component Acts 2017, 85th Leg., R.S., Ch. 1, eff. "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. Theft does not only have to be direct taking of another's property. September 1, 2009. is: (5)a felony of the third degree if the value of the property stolen is $30,000 or (B) tangible or intangible personal property including anything severed from land; or. (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. rebuilding, demolition, or other form of salvage is presumed to know on receipt by 31.09. 105 (H.B. Texas theft charges and penalties are as follows: $100 or less: Class C misdemeanor punishable by a $500 fine and no jail time. 1, eff. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. 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. 1, eff. (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. Stay up-to-date with how the law affects your life. Acts 1973, 63rd Leg., p. 883, ch. (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. 1, eff. Class C misdemeanor. (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. (3)the actor was solicited to commit the offense by a peace officer, and the solicitation (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. 12.22). September 1, 2017. (6)Wholesale distributor of prescription drugs means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. 15.001, eff. (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. Sept. 1, 1999. 933 (H.B. 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 3, eff. 10, eff. | https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/. 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. Class B misdemeanor for theft of property from $100 . September 1, 2011. Texas Penal Code Section 32.31 - Credit Card or Debit Card Abuse Texas Statutes Penal Code Title 7 Chapter 32 Section 32.31 Texas Penal Code Sec. In Texas, theft can be charged as a misdemeanor or a felony depending on the value of the property stolen. (d-3) For purposes of Subsection (a)(4): (1) if the compensation is or was to be paid on a periodic basis, the intent to avoid payment for a service may be formed at any time during or before a pay period; (2) the partial payment of wages alone is not sufficient evidence to negate the actor's intent to avoid payment for a service; and. 724, Sec. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. September 1, 2015. 1488), Sec. 1.01, eff. Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1991, 72nd Leg., ch. 167, Sec. Theft in Texas is defined as an individual unlawfully taking property with the intent of depriving the owner of the property permanently. 1245, Sec. 323 (H.B. Sept. 1, 2003. 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; (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. (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. THEFT OF SERVICE. (C)fails on receipt of a motor vehicle to immediately remove an unexpired license Packers and Stockyards Act (7 U.S.C. 12, eff. 1.01, eff. election; or. Theft of a vehicle worth less than $2,500 is a misdemeanor and any theft above that amount constitutes a felony. Added by Acts 2015, 84th Leg., R.S., Ch. 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