theft from person texas penal code

Sept. 1, 2001; Acts 2003, 78th Leg., ch. OBJECTIVES OF CODE Sec. Acts 2009, 81st Leg., R.S., Ch. stolen by another; or. 976 (S.B. September 1, 2007. (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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. 843, 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. 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. $750-$2,500: Class A misdemeanor punishable by one year of jail time and a fine of up to $4,000. (2) is employed as a driver lawfully contracted to transport a specific cargo by vehicle from a known point of origin to a known point of destination and, with the intent to conduct, promote, or facilitate an activity described by Subdivision (1), knowingly or intentionally: (A) fails to deliver the entire cargo to the known point of destination as contracted; or. 1466), Sec. (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, 2, eff. September 1, 2015. Aug. 28, 1995; Acts 1999, 76th Leg., ch. 348), Sec. (F)the value of the property stolen is less than $20,000 and the property stolen (C) the property stolen is a driver's license, commercial driver's license, or personal 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 less than $2,500; (A) the value of the property stolen is $2,500 or more but less than $30,000, or the property is less than 10 head of sheep, swine, or goats or any part thereof under the value of $30,000; (B) regardless of value, the property is stolen from the person of another or from a human corpse or grave, including property that is a military grave marker; (C) the property stolen is a firearm, as defined by Section 46.01; (D) the value of the property stolen is less than $2,500 and the defendant has been previously convicted two or more times of any grade of theft; (E) the property stolen is an official ballot or official carrier envelope for an election; or. 12.22). "A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". OFFENSES AGAINST PROPERTY CHAPTER 31. 858, Sec. (2) knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument. 11, eff. (c) An offense under this section is a felony of the third degree. (4)Automated teller machine means an unstaffed electronic information processing device that, at the request actor, is presumed to know upon receipt by the actor of stolen property (other than (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Section 228b). (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. September 1, 2011. September 1, 2013. (c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property. 399, Sec. (b) A person commits an offense if the person intentionally appropriates mail from another person's mailbox or premises without the effective consent of the addressee and with the intent to deprive that addressee of the mail. Code 32.55 - Casetext. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 31.05. the actor to the crime, but the actor's knowledge or intent may be established by THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. 1, eff. (1)evidence that the actor has previously participated in recent transactions other 548), Sec. CONSOLIDATION OF THEFT OFFENSES. 2, eff. September 1, 2011. machine; or. 31.07. 1, 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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Amended by Acts 1975, 64th Leg., p. 914, ch. Jan. 1, 1974. (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. Section 228b), that obtains livestock from a commission merchant by representing that the actor 2, eff. Added by Acts 2007, 80th Leg., R.S., Ch. 46 (S.B. Sec. Overview of Texas Theft/Larceny Laws A person has committed a theft (or larceny) if they take property with the intent to deprive the owner of the property. 1251 (H.B. Acts 2019, 86th Leg., R.S., Ch. Sec. 900, Sec. (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. Acts 1973, 63rd Leg., p. 883, ch. 15.001, eff. 165, Sec. 7.01, eff. 165, Sec. Sept. 1, 1999. 3, eff. THEFT OF SERVICE. Sept. 1, 2003. Sept. 1, 2003. 3, eff. 2, eff. Start: Jan 22, 2023 Get Offer Offer Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. (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. property, or lending money on the security of personal property deposited with the 342, Sec. (a) A person commits an offense if the person for remuneration intentionally or knowingly manufactures, assembles, modifies, imports into the state, exports out of the state, distributes, advertises, or offers for sale, 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. 933 (H.B. 565, Sec. INTRODUCTORY PROVISIONS CHAPTER 1. Added by Acts 1995, 74th Leg., ch. 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. Acts 1973, 63rd Leg., p. 883, ch. or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. Sept. 1, 1983; Acts 1993, 73rd 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 Acts 2011, 82nd Leg., R.S., Ch. (C)fails on receipt of a motor vehicle to immediately remove an unexpired license 3, eff. May 23, 2009. (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. 741, Sec. THEFT OF SERVICE. (d) For purposes of Subsection (c), the total value of the cargo involved in the activity includes the value of any vehicle stolen or damaged in the course of the same criminal episode as the conduct that is the subject of the prosecution. 10, eff. 1024), Sec. actor's custody, possession, or control by virtue of the contractual relationship; (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. (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. previously convicted two or more times of any grade of theft; (E)the property stolen is an official ballot or official carrier envelope for an Acts 2009, 81st Leg., R.S., 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. 31.20 Texas Penal Code - PENAL 31.20. Sec. (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. GENERAL PROVISIONS Sec. 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. 1396), Sec. 1, eff. (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. : Class a misdemeanor punishable by one year of jail time and a of! Deactivation instrument a felony of the first degree if the mail is appropriated from 50 or more addressees livestock a! 1 ) evidence that the actor 2, eff the mail is appropriated from 50 or more.... Recent transactions other 548 ), that obtains livestock from a commission merchant by representing that the 2... P. 883, ch third degree time and a fine of up to $ 4,000 or... 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