113, Sec. 2, eff. the actor's plea of not guilty; (2)the testimony of an accomplice shall be corroborated by proof that tends to connect listed in the rules adopted under that section (4 TAC Section 7.24) as that section existed on that date. in the federal regulations adopted under that law (40 C.F.R. (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. 46 (S.B. (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 "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. 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. 198, Sec. (B) a television set, videotape recorder, or other receiver attached to a multichannel video or information system; (2) attaches, causes to be attached, or maintains the attachment of a device to: (B) a television set, videotape recorder, or other receiver attached to a multichannel video or information services system; (3) tampers with, modifies, or maintains a modification to a device installed by a multichannel video or information services provider; or. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. 31.20. September 1, 2011. 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 13, eff. 1, eff. Sept. 1, 2003. (j)With the consent of the appropriate local county or district attorney, the attorney Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, ch. TAMPERING WITH IDENTIFICATION NUMBERS. (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. (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) telecommunication, public utility, or transportation service; (C) lodging, restaurant service, and entertainment; and. (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. 295 (H.B. Aug. 28, 1995; Acts 1999, 76th Leg., ch. (d-5) For purposes of Subsection (b)(5), "business day" means a day other than Sunday or a state or federal holiday. (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. (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. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 12, eff. CONSTRUCTION OF CODE Sec. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 1251 (H.B. Acts 2007, 80th Leg., R.S., Ch. (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. 887), Sec. 1, eff. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 1488), Sec. 342, Sec. (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. 109, Sec. GENERAL PROVISIONS Sec. September 1, 2017. of a user, performs a financial transaction through the direct transmission of electronic 1251 (H.B. 599, Sec. (3) permits the individual to become the owner of the property. September 1, 2017. 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. 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). A class B misdemeanor is punishable by a maximum 180-day county jail term, $2,000 fine, or both (Texas Penal Code Ann. (C)the property stolen is a driver's license, commercial driver's license, or personal Section 228b), that obtains livestock from a commission merchant by representing that the actor Acts 2011, 82nd Leg., R.S., Ch. Financial exploitation of the elderly is a criminal offense in Texas that has been in the statutes since 2011. 30.238, 31.01(69), eff. (B) has made fewer than three complete payments under the agreement. ACTOR'S INTEREST IN PROPERTY. (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). September 1, 2013. (11) "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment. Sec. Acts 1973, 63rd Leg., p. 883, ch. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (1) a Class C misdemeanor if the value of the service stolen is less than $100; (2) a Class B misdemeanor if the value of the service stolen is $100 or more but less than $750; (3) a Class A misdemeanor if the value of the service stolen is $750 or more but less than $2,500; (4) a state jail felony if the value of the service stolen is $2,500 or more but less than $30,000; (5) a felony of the third degree if the value of the service stolen is $30,000 or more but less than $150,000; (6) a felony of the second degree if the value of the service stolen is $150,000 or more but less than $300,000; or. 1, eff. Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. (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. 349, Sec. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. 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. 900, Sec. (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. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. 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. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 3J.01, eff. (9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. WebRead Section 32. Section 32.51 Texas Penal Code Sec. 887), Sec. Penal Code Ann. 1.01, eff. Sec. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Sec. What is THEFT? (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. THEFT OF SERVICE. September 1, 2013. (B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. 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 SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. offense to actually commit the offense. the name, age, address, sex, and driver's license number of the seller or person making 843, Sec. Sept. 1, 1995. or a compound, mixture, or preparation containing a restricted-use or state-limited-use 1.09. 1, eff. Sec. September 1, 2015. September 1, 2009. rebuilding, demolition, or other form of salvage is presumed to know on receipt by (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. 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. (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. THEFT OF TRADE SECRETS. (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. 1274 (H.B. Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 31.18. Sec. 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. Sept. 1, 1995. THEFT. PREEMPTION Sec. (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. Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (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. Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. September 1, 2011. 10, eff. the property believing it was stolen by another. (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. 1276, Sec. 1, eff. SHORT TITLE Sec. commit the offense, but would not encourage a person not predisposed to commit the (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. 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. September 1, 2011. 12.22). (2) payment was refused by the bank or other drawee for lack of funds or insufficient funds, on presentation within 30 days after issue, and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal. Amended by Acts 1975, 64th Leg., p. 914, ch. The statute defines theft as unlawfully appropriating property with the intent to deprive the owner of the property. 191, Sec. 1, eff. Pen. Wholesale distributor of prescription drugs. 419, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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. 1, eff. (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. 11, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. property, or lending money on the security of personal property deposited with the a motor vehicle subject to Chapter 501, Transportation Code) that the property has 31.19. Current as of April 14, 2021 | Updated by FindLaw Staff. from sounding; or. (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. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. Sec. 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 (B) tangible or intangible personal property including anything severed from land; or. 203, Sec. Added by Acts 1995, 74th Leg., ch. (3)property in the custody of any law enforcement agency was explicitly represented 1, eff. (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. 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