Added by Acts 2001, 77th Leg., ch. Sec. Theft is a Class A misdemeanor if the goods stolen . Read the full Texas Code for more information. 113, Sec. (c) An offense under Subsection (b)(1) is a Class B misdemeanor. 32.53. commit the offense or an opportunity to engage in conduct constituting the offense; Code 32.55 - Casetext. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. Acts 1973, 63rd Leg., p. 883, ch. THEFT OF SERVICE. 1, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Jan. 1, 1974. (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. 3097), Sec. 1153, Sec. (2)State-limited-use pesticide means a pesticide classified as a state-limited-use pesticide by the Department (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. Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. You be charged with identity theft for stealing any of the following information: Another person's name Fingerprints Date of birth Social Security Number (F)the value of the property stolen is less than $20,000 and the property stolen received the motor vehicle, the registration license receipt and certificate of title The statute defines theft as unlawfully appropriating property with the intent to deprive the owner of the property. Added by Acts 2007, 80th Leg., R.S., Ch. Pen. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. by any law enforcement agent to the actor as being stolen and the actor appropriates 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. Acts 2011, 82nd Leg., R.S., Ch. Id. 497, Sec. When amounts are obtained in violation of this chapter pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the amounts aggregated in determining the grade of the offense. 1, eff. 324 (S.B. PREEMPTION Sec. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. Next . (7)a felony of the first degree if the value of the property stolen is $300,000 or 165, Sec. 1219 (S.B. (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. A person is reckless when he is aware of but consciously disregards a substantial and unjustifiable risk that the result will occur. 976 (S.B. Sec. 284(80), eff. It is the express intent of this provision that the presumption arises unless the September 1, 2011. (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. 4, 5, eff. Sec. 1396), Sec. September 1, 2009. (d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law. (3) permits the individual to become the owner of the property. 318, Sec. 323 (H.B. 565, Sec. September 1, 2017. 399, Sec. Sec. 1, eff. 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 31.04. (c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property. 4, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Amended by Acts 1977, 65th Leg., p. 1138, ch. 31.06. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the 1, eff. 565, Sec. Aug. 28, 1995; Acts 1999, 76th Leg., ch. (g)For the purposes of Subsection (a), a person is the owner of exotic livestock Amended by Acts 1999, 76th Leg., ch. (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) "Effective consent" includes consent by a person legally authorized to act for the owner. Added by Acts 1979, 66th Leg., p. 417, ch. For purposes of Subsections (b)(4)(A) and (B) and (b)(5), if written notice is given in accordance with Subsection (c), it is presumed that the notice was received not later than five days after the notice was sent. September 1, 2011. (1) evidence that the actor has previously participated in recent transactions other than, but similar to, that which the prosecution is based is admissible for the purpose of showing knowledge or intent and the issues of knowledge or intent are raised by the actor's plea of not guilty; (2) the testimony of an accomplice shall be corroborated by proof that tends to connect the actor to the crime, but the actor's knowledge or intent may be established by the uncorroborated testimony of the accomplice; (3) an actor engaged in the business of buying and selling used or secondhand personal property, or lending money on the security of personal property deposited with the actor, is presumed to know upon receipt by the actor of stolen property (other than a motor vehicle subject to Chapter 501, Transportation Code) that the property has been previously stolen from another if the actor pays for or loans against the property $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 number of the seller or pledgor; (B) fails to record a complete description of the property, including the serial number, if reasonably available, or other identifying characteristics; or. (C) a document, including money, that represents or embodies anything of value. 1, eff. (B) has been left to be collected for delivery by a common carrier or delivery service. (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. 1, eff. (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. Jan. 1, 1974. came into the actor's custody, possession, or control by virtue of his status as a of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient Pen. THEFT. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. 342, Sec. 900, 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. 1.07. 109, Sec. at 32.53 (b). The Texas Penal Code defines theft as taking someone else's property without consent, either by deception or by physically stealing it. (B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, ch. 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. 520, Transportation Code, 1 at the time the motor vehicle was delivered; (8)an actor who purchases or receives from any source other than a licensed retailer Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. 1.01, eff. Sec. (7) a felony of the first degree if the value of the property stolen is $300,000 or more. (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. of the Environmental Protection Agency under 7 U.S.C. 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