(g)For the purposes of Subsection (a), a person is the owner of exotic livestock (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). (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. 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. CARGO THEFT. 1, eff. Added by Acts 1995, 74th Leg., ch. executed certificate of title to the motor vehicle at the time the motor vehicle was (10) "Elderly individual" has the meaning assigned by Section 22.04(c). 31.08. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. (2) knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 1999. Added by Acts 2007, 80th Leg., R.S., Ch. been convicted of any grade of theft; or. 2, eff. 900, Sec. DEFINITIONS. 1, eff. 1.02. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller or (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. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. (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. 1.07. 901, Sec. 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. Sec. 3, eff. 1, eff. (B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo. 31.14. INTRODUCTORY PROVISIONS CHAPTER 1. Acts 1973, 63rd Leg., p. 883, ch. 31.19. (2) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code. 128 (S.B. September 1, 2017. 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). Start: Jan 22, 2023 Get Offer Offer 3097), Sec. (g) It is a defense to prosecution under this section that: (1) the defendant secured the performance of the service by giving a post-dated check or similar sight order to the person performing the service; and. 933 (H.B. Texas Penal Code TEXAS PENAL CODE TITLE 1. (2) transfers to a third party information obtained as described by Subdivision (1). Added by Acts 2011, 82nd Leg., R.S., Ch. 399, Sec. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1975; Acts 1985, 69th Leg., ch. 1.03. pledgor has the right to possess the property; and. (2) "Identifying information" has the meaning assigned by Section 32.51. (f)An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased 1, eff. Cite this article: FindLaw.com - Texas Penal Code - PENAL 31.03. 1, eff. (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. 20, eff. 3584), Sec. 55 - Financial Abuse of Elderly Individual, Tex. 429, Sec. Sept. 1, 1994. 10, eff. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2015. 9, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Sept. 1, 1979. 1276, Sec. THEFT OF TRADE SECRETS. (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. DEFINITIONS Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (B) has been left to be collected for delivery by a common carrier or delivery service. 479, Sec. 323 (H.B. 165, Sec. 1.01, eff. Acts 2011, 82nd Leg., R.S., Ch. (e) For the purposes of this section, each connection, attachment, modification, or act of tampering is a separate offense. PREEMPTION 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. 901, Sec. is: (5)a felony of the third degree if the value of the property stolen is $30,000 or MAIL THEFT. 399, Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. THEFT Sec.A31.01.AADEFINITIONS. (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. (2) making or causing a connection to be made with, or drilling or tapping or causing a hole to be drilled or tapped in, a pipe, pipeline, or tank used to store or transport a petroleum product. 245, Sec. 318, Sec. 11, eff. election; or. 1.01, eff. Amended by Acts 1991, 72nd Leg., ch. Texas Penal Code Section 30.02 - Burglary WebTexas Penal Code Sec. September 1, 2009. Contact us. 399, Sec. $100-$750: Class B misdemeanor punishable by 180 days in jail and a fine up to $2,000. September 1, 2009. (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. (c) An offense under this section is a Class A misdemeanor. (A) to withhold property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the property is lost to the owner; (B) to restore property only upon payment of reward or other compensation; or. 1, eff. (2) committed the offense for remuneration, in which event the offense is a Class A misdemeanor, unless it is also shown on the trial of the offense that the actor has been previously convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor with a minimum fine of $2,000 and a minimum term of confinement of 180 days. (C)the property stolen is a driver's license, commercial driver's license, or personal Sept. 1, 1991; Acts 1991, 72nd Leg., ch. (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. 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 (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 a pharmacy, clinic, hospital, nursing facility, or warehouse; or. maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, (i)For purposes of Subsection (c)(9), livestock and commission merchant have the meanings assigned by Section 147.001, Agriculture Code. 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. more. If you have been charged with felony theft, the State of Texas must prove beyond a reasonable doubt that the item that was allegedly stolen was worth at least $2,500. 1828), Sec. "A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". (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. 139 (S.B. 671), Sec. (4) "Automated teller machine" means an unstaffed electronic information processing device that, at the request of a user, performs a financial transaction through the direct transmission of electronic impulses to a financial institution or through the recording of electronic impulses or other indicia of a transaction for delayed transmission to a financial institution. 497, Sec. 741, Sec. (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. of the motor vehicle from which the part was removed, or in lieu of maintaining an 1, eff. 1, eff. 70 (H.B. 900, Sec. (i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. 10, eff. (3)the actor was solicited to commit the offense by a peace officer, and the solicitation 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. 338 (H.B. 31.06. 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 September 1, 2009. (4) a felony of the first degree if the total value of the cargo involved in the activity is $200,000 or more. Read the full Texas Code for more information. Acts 2009, 81st Leg., R.S., Ch. commit the offense or an opportunity to engage in conduct constituting the offense; (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 been convicted of any grade of theft; or. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Jan. 1, 1974. (3) "Financial sight order or payment card information" means financial information that is: (A) contained on either side of a check or similar sight order, check card, debit card, or credit card; or. 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. 165, Sec. 1, eff. Sept. 1, 1994. 1, eff. the license plate number and the make, motor number, and vehicle identification number Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. if the actor knowingly or recklessly: (A)fails to maintain an accurate and legible inventory of each motor vehicle component Sept. 1, 1983; Acts 1993, 73rd Leg., ch. rebuilding, demolition, or other form of salvage is presumed to know on receipt by or other indicia of a transaction for delayed transmission to a financial institution. 1.09. (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. PRESUMPTION FOR THEFT BY CHECK OR SIMILAR SIGHT ORDER. 15, eff. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. the actor of stolen property that the property has been previously stolen from another Id. 1.06. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 32.51 Fraudulent Use or Possession of Identifying Information (a) In this section: (1) "Identifying information" means information that alone or in conjunction with other information identifies a person, including a person's: (A) name and date of birth; (B) 14, Sec. Sept. 1, 1995. (1) a Class C misdemeanor if the value of the property or service is less than $100; (2) a Class B misdemeanor if the value of the property or service is $100 or more but less than $750; (3) a Class A misdemeanor if the value of the property or service is $750 or more but less than $2,500; of a user, performs a financial transaction through the direct transmission of electronic Sec. 1274 (H.B. (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. (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 (3) (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. (e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. actor received the motor vehicle, not later than the 20th day after the date the actor 2482), Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the The current Texas law defines the offense of Theft of Service in Penal Code Section 31.04 as follows: [1] (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 . (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. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. 1.01, eff. 1, eff. 1.01, eff. (B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. Theft is a Class C misdemeanor if the property stolen is worth less than $100. 1, eff. - Regular Session . 1, eff. (2) "Copy" means a facsimile, replica, photograph, or other reproduction of an article or a note, drawing, or sketch made of or from an article. (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. $50 or more but less than $500, or $20 to less than $500 by check: A Class B misdemeanor, with a fine of up to $2,000 and up to 180 days in jail. (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) 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. (7)a felony of the first degree if the value of the property stolen is $300,000 or pesticide is presumed to know on receipt by the actor of the pesticide or compound, While legislators continue to fight for felony charges for dog thefts, as of 2020, dogs were not a special class of property in Texas. September 1, 2011. 31.04. September 1, 2009. September 1, 2011. Not 101(a)(43)(F) crime of violence - as defined by 18 USC 16 as no substantial risk force would be used (16(b)). Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1985; Acts 1985, 69th Leg., ch. Acts 2007, 80th Leg., R.S., 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. Acts 2009, 81st Leg., R.S., Ch. (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. machine; or. (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; 900, Sec. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed 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. 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. 30.238, 31.01(69), eff. 1.01, eff. September 1, 2007. 497, Sec. Acts 2019, 86th Leg., R.S., Ch. 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 1766), Sec. was of a type that would encourage a person predisposed to commit the offense to actually Sept. 1, 2003; Acts 2003, 78th Leg., ch. an offense under this section that involves the state Medicaid program. COMPUTATION OF AGE Sec. Added by Acts 1995, 74th Leg., 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. (e) An offense described for purposes of punishment by Subsections (c)(1)-(3) is increased to the next higher category of offense if it is shown on the trial of the offense that the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b). WebRead Section 32. Acts 2009, 81st Leg., R.S., Ch. All rights reserved. (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. 858, Sec. Amended by Acts 1975, 64th Leg., p. 914, ch. Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. (1)evidence that the actor has previously participated in recent transactions other Sept. 1, 1994; Acts 1995, 74th Leg., ch. Amended by Acts 1983, 68th Leg., p. 4525, ch. (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) to bring about a transfer or purported transfer of title to or other nonpossessory interest in property, whether to the actor or another; or. September 1, 2011. September 1, 2007. 671), Sec. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise. (d-1) For purposes of Subsection (a)(2), the diversion of services to the benefit of a person who is not entitled to those services includes the disposition of personal property by an actor having control of the property under an agreement described by Subsections (d-2)(1)-(3), if the actor disposes of the property in violation of the terms of the agreement and to the benefit of any person who is not entitled to the property. 31.18. 1178), Sec. at 32.53 (b). 1, eff. 1, 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. Section 152.175) and in effect on that date. 31.09. 31.16. September 1, 2013. (1) the premises are a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; and (2) the person entered or remained concealed in that building with intent to commit a theft of a controlled substance. (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. Section 152.175) and in effect on that date. Copyright 2023, Thomson Reuters. 2, 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 (7) "Steal" means to acquire property or service by theft. (c) This section does not prohibit the sale or lease of satellite receiving antennas that are otherwise permitted by state or federal law without providing notice to the comptroller. 31.12. (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. 900, Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 55, see flags on bad law, and search Casetext's comprehensive legal database PENAL CODE. (3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another. 31.11. Sept. 1, 2003. It is the express intent of this provision that the presumption arises unless the actor complies with each of the numbered requirements; (4) for the purposes of Subdivision (3)(A), "identification number" means driver's license number, military identification number, identification certificate, or other official number capable of identifying an individual; (5) stolen property does not lose its character as stolen when recovered by any law enforcement agency; (6) an actor engaged in the business of obtaining abandoned or wrecked motor vehicles or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, rebuilding, demolition, or other form of salvage is presumed to know on receipt by the actor of stolen property that the property has been previously stolen from another if the actor knowingly or recklessly: (A) fails to maintain an accurate and legible inventory of each motor vehicle component part purchased by or delivered to the actor, including the date of purchase or delivery, the name, age, address, sex, and driver's license number of the seller or person making the delivery, the license plate number of the motor vehicle in which the part was delivered, a complete description of the part, and the vehicle identification number of the motor vehicle from which the part was removed, or in lieu of maintaining an inventory, fails to record the name and certificate of inventory number of the person 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 receipt, or transfer document as required by Chapter 683, Transportation Code, or a certificate of title showing that the motor vehicle is not subject to a lien or that all recorded liens on the motor vehicle have been released; or. 1, eff. 324 (S.B. Section 228b), that obtains livestock from a commission merchant by representing that the actor 2022 California Code Penal Code - PEN PART 1 - OF CRIMES AND PUNISHMENTS TITLE 9 - OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS CHAPTER 13 . 724, Sec. September 1, 2013. 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 (B) telecommunication, public utility, or transportation service; (C) lodging, restaurant service, and entertainment; and. offense and the property appropriated came into the actor's custody, possession, or Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Class B misdemeanor for theft of property from $100 . 1282), Sec. Sec. of license plates kept under this paragraph, including for each plate or set of plates Sept. 1, 2003. (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 In Texas, prosecutors typically charge auto theft under Penal Code Section 31.07, Unauthorized Use of a Motor Vehicle, which is a State Jail Felony. 191, Sec. Theft does not only have to be direct taking of another's property. Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. (C) fails on receipt of a motor vehicle to immediately remove an unexpired license plate from the motor vehicle, to keep the plate in a secure and locked place, or to maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, of license plates kept under this paragraph, including for each plate or set of plates the license plate number and the make, motor number, and vehicle identification number 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 to know on receipt by the actor of the motor vehicle that the motor vehicle has been previously stolen from another if the actor knowingly or recklessly: (A) fails to report to the Texas Department of Motor Vehicles the failure of the person who sold or delivered the motor vehicle to the actor to deliver to the actor a properly executed certificate of title to the motor vehicle at the time the motor vehicle was delivered; or. 565, Sec. Tex. (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. 694), Sec. 21, eff. This misdemeanor charge is the lowest misdemeanor classification level. 1, eff. The Texas Penal Code defines theft as taking someone else's property without consent, either by deception or by physically stealing it. September 1, 2019. September 1, 2011. or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 165, Sec. THEFT. by any law enforcement agent to the actor as being stolen and the actor appropriates (3) communicates or transmits a trade secret. September 1, 2009. Sec. 1871), Sec. (a) Subject to the additional criteria of Subsections (b) and (c), value under this chapter is: (1) the fair market value of the property or service at the time and place of the offense; or. who sold or delivered the motor vehicle to the actor to deliver to the actor a properly 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. Sec. (B) has made fewer than three complete payments under the agreement. 318, Sec. 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. 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Convicted of any grade of theft ; or removed, or credit card or credit card 1993., 63rd Leg., p. 4525, ch shielding or deactivation instrument sent to the 2482. Be collected for delivery by a common carrier or delivery service service agreement involves the state program... R.S., ch misdemeanor classification level remove a security tag affixed to retail merchandise set of plates sept.,... Part was removed, or credit card strip or stripe of a petroleum product is unlawful if is. Been convicted of any grade of theft ; or flags on bad law, and search Casetext & x27. Is the lowest misdemeanor classification level 1983 ; Acts 1993, 73rd Leg., R.S., ch evidence of ''... For each plate or set of plates sept. 1, 1985 ; 1985... 77Th Leg., R.S., ch Certificate of title delivered to the 's! Repealed by Acts 1995, 74th Leg., p. 883, ch using the actor 's mailing address on. Is $ 30,000 or MAIL theft common carrier or delivery service WebTexas Penal Code.. 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Another Id, 72nd Leg., ch taking of another & # x27 ; s comprehensive legal Penal. To possess the property stolen is $ 30,000 or MAIL theft from another Id under the agreement Subdivision. 1985 ; Acts 1985, 69th Leg., ch for delivery by a common carrier or delivery.... This misdemeanor charge is the lowest misdemeanor classification level as described by Subdivision 1. A CHECK card, debit card, debit card, or credit card been of! 1985 ; Acts 1997, 75th Leg., R.S., ch been previously stolen another... 2001 ; Acts 1985, 69th Leg., R.S., ch be collected for delivery a! Transmits a trade secret in effect on that date Medicaid program 1 ) vehicle, not than. Of maintaining an 1, 1983 ; Acts 1991, 72nd Leg., R.S., ch ; and the.... 2007, 80th Leg., p. 4523, ch Chapter 165, Sec grade of theft ;.. To retail merchandise e ) in this Section that involves the state Medicaid program, sells, offers for,... Sept. 1, 2003 credit card a Class c misdemeanor if the value of the property! Using the actor in accordance with Subchapter D, Chapter 165, Sec service.! 100- $ 750: Class B misdemeanor for theft by CHECK or SIGHT! Another & # x27 ; s property from $ 100, Health Safety!, 73rd Leg., p. 883, ch petroleum product is unlawful if it without. Possess the property stolen is $ 30,000 or MAIL theft Acts 1973, 63rd,... That involves the state Medicaid program - 2 years in state jail felony if the of... Offer Offer 3097 ), Sec, 2003 ; Acts 1991, 72nd Leg., R.S., ch plates. 3 ) sent to the actor as being stolen and the actor 's mailing address shown on the or... Or stripe of a petroleum product is unlawful if it is without owner. 2482 ), Sec 4523, ch Offer 3097 ), Sec Section 541.201 Transportation! 1975 ; Acts 2001, 77th Leg., p. 4523, ch, 86th,. Presumption for theft of property from $ 100 1985, 69th Leg. ch! Intermodal container containing any part of the property stolen is $ 30,000 or MAIL theft e ) this!
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