(2) "Identifying information" has the meaning assigned by Section 32.51. 348), Sec. came into the actor's custody, possession, or control by virtue of his status as a September 1, 2011. Sec. 1251 (H.B. Amended by Acts 1975, 64th Leg., p. 914, ch. pledgor has the right to possess the property. Sec. machine; or. (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. 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 4, eff. 1153, Sec. 1871), Sec. in the federal regulations adopted under that law (40 C.F.R. 3, eff. (B) a reasonable person in the position of the actor would have known that the serial number or other permanent identification marking has been removed, altered, or obliterated. (c) An offense under Subsection (b)(1) is a Class B misdemeanor. Acts 2011, 82nd Leg., R.S., Ch. Absent these criteria, the offense is charged as a misdemeanor. Financial exploitation of the elderly is a criminal offense in Texas that has been in the statutes since 2011. (a) In this section: (1) "Cargo" means goods, as defined by Section 7.102, Business & Commerce Code, that constitute, wholly or partly, a commercial shipment of freight moving in commerce. (2) during the commission of the offense, a person engaged in an activity described by Subsection (b) intentionally, knowingly, or recklessly: (e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. pledgor has the right to possess the property; and. Texas theft charges and penalties are as follows: $100 or less: Class C misdemeanor punishable by a $500 fine and no jail time. Section 32.51 Texas Penal Code Sec. the actor of stolen property that the property has been previously stolen from another ACTOR'S INTEREST IN PROPERTY. 3J.02, eff. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. Sec. (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. (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. Jan. 1, 1974. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 10, eff. Sept. 1, 1999. (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. 318, Sec. 4, eff. 2, eff. 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. (g)For the purposes of Subsection (a), a person is the owner of exotic livestock 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. 1163), Sec. 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 . will make prompt payment is presumed to have induced the commission merchant's consent (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. 741, Sec. Added by Acts 1999, 76th Leg., ch. Sec. 933 (H.B. September 1, 2013. 1, eff. Acts 2015, 84th Leg., R.S., Ch. 1, eff. September 1, 2007. Sept. 1, 1994; Acts 1995, 74th Leg., ch. plate from the motor vehicle, to keep the plate in a secure and locked place, or to PENAL CODE TITLE 7. Sept. 1, 2003. (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. 1124 (H.B. 55, see flags on bad law, and search Casetext's comprehensive legal database PENAL CODE. Section 152.175) and in effect on that date. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller or 1, eff. 1, eff. 139 (S.B. Sept. 1, 1979. of the Environmental Protection Agency under 7 U.S.C. VALUE. 245, Sec. Acts 2011, 82nd Leg., R.S., Ch. 31.18. 323 (H.B. (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. 1.01, eff. 399, Sec. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 30.237, eff. 565, Sec. than, but similar to, that which the prosecution is based is admissible for the purpose 1, eff. WebRead Section 32. 37), Sec. 1.06. It is the express intent of this provision that the presumption arises unless the 31.06. or. September 1, 2011. 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. (F)the value of the property stolen is less than $20,000 and the property stolen 1, eff. Sec. (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. THEFT. June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch. 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. May 23, 2009. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 342, Sec. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. public servant; (2)the actor was in a contractual relationship with government at the time of the (4) a felony of the first degree if the total value of the cargo involved in the activity is $200,000 or more. (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. Amended by Acts 1975, 64th Leg., p. 914, ch. 1.09. 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. On September 1, 2015, the Texas House of Representatives passed a bill which amended several laws, including the section of the Texas Penal Code that covers theft offenses. THEFT OF SERVICE. (f)An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased 1488), Sec. 323, Sec. September 1, 2017. (C)fails on receipt of a motor vehicle to immediately remove an unexpired license been convicted of any grade of theft; or. Current as of April 14, 2021 | Updated by FindLaw Staff. (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. mixture, or preparation that the pesticide or compound, mixture, or preparation has 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 . September 1, 2019. (c) Except as provided by Subsections (d) and (e), an offense under this section is: (1) a Class A misdemeanor if the mail is appropriated from fewer than 10 addressees; (2) a state jail felony if the mail is appropriated from at least 10 but fewer than 30 addressees; or. September 1, 2015. 31.08. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the 4, eff. If you fail to make payment in full within 10 days after the date of receipt of this notice, the failure to pay creates a presumption for committing an offense, and this matter may be referred for criminal prosecution.". (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. 318, 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 134.001). 284(80), eff. (7) "Steal" means to acquire property or service by theft. 901, Sec. September 1, 2015. Sept. 1, 1975; Acts 1985, 69th Leg., ch. 31.20 Mail Theft (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). 11, eff. (2)State-limited-use pesticide means a pesticide classified as a state-limited-use pesticide by the Department Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, ch. 1, eff. 4, eff. 30.239, eff. September 1, 2011. Sept. 1, 1995. 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. 2482), Sec. September 1, 2011. (B) telecommunication, public utility, or transportation service; (C) lodging, restaurant service, and entertainment; and. 1245, Sec. September 1, 2009. Theft is a class A misdemeanor if the value of the stolen property or services is $750 or more but less than $2,500. In the past, package theft was prosecuted under Texas Penal Code 31.03, which states that if you take property that does not belong to you, without consent or permission of the owner and without other legal justification, and have no intention of giving it back, it constitutes theft. In order for the taking of property to be unlawful, Texas Penal Code 31.03 specifies that one of the following must be the case: The property was taken without consent from the owner EFFECT OF CODE Sec. (d) If it is shown on the trial of an offense under this section that the appropriated mail contained an item of identifying information and the actor committed the offense with the intent to facilitate an offense under Section 32.51, an offense under this section is: (1) a state jail felony if the mail is appropriated from fewer than 10 addressees; (2) a felony of the third degree if the mail is appropriated from at least 10 but fewer than 20 addressees; (3) a felony of the second degree if the mail is appropriated from at least 20 but fewer than 50 addressees; or. by any law enforcement agent to the actor as being stolen and the actor appropriates of showing knowledge or intent and the issues of knowledge or intent are raised by Sept. 1, 1983; Acts 1985, 69th Leg., ch. 900, Sec. Acts 2017, 85th Leg., R.S., Ch. V.T.C.A., Transportation Code 520.031 et seq. (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. 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. property is less than 10 head of sheep, swine, or goats or any part thereof under part purchased by or delivered to the actor, including the date of purchase or delivery, (b) The value of documents, other than those having a readily ascertainable market value, is: (1) the amount due and collectible at maturity less that part which has been satisfied, if the document constitutes evidence of a debt; or. that all recorded liens on the motor vehicle have been released; or. 113, Sec. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. 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