theft from person texas penal code
Sept. 1, 1994; Acts 1995, 74th Leg., ch. (B) has made fewer than three complete payments under the agreement. 933 (H.B. September 1, 2015. 1.05. 31.12. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 843, Sec. 203, Sec. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 3J.02, eff. THEFT Sec.A31.01.AADEFINITIONS. 198, Sec. 31.19. All rights reserved. (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. 31.04. Acts 2011, 82nd Leg., R.S., Ch. (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04. (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. received the motor vehicle, the registration license receipt and certificate of title (C)used a shielding or deactivation instrument to prevent or attempt to prevent detection Sec. 1.01, eff. 548), Sec. 342, Sec. 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. 671), Sec. 31.04. "A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". Wholesale distributor of prescription drugs. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1, eff. 31.11. 1245, 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. 419, Sec. (B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo. (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. impulses to a financial institution or through the recording of electronic impulses (2) the greatest amount of economic loss that the owner might reasonably suffer by virtue of loss of the document, if the document is other than evidence of a debt. (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. Acts 2009, 81st Leg., R.S., Ch. 1, eff. Sept. 1, 2001. Fraudulent Use or Possession of Identifying Information 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. or other indicia of a transaction for delayed transmission to a financial institution. (7) a felony of the first degree if the value of the service stolen is $300,000 or more. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1.01, eff. 167, Sec. to know on receipt by the actor of the motor vehicle that the motor vehicle has been June 11, 1981; Acts 1983, 68th Leg., p. 2918, 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. (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. (9) "Used or secondhand motor vehicle" means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code. 5.01(a)(45), eff. Sec. Today, most theft crimes in Texas are consolidated under Texas Penal Code 31.03, including theft by conversion. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. (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. 31.09. 1.01, eff. more but less than $150,000, or the property is: (A)cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $150,000; (B)10 or more head of sheep, swine, or goats stolen during a single transaction and actor received the motor vehicle, not later than the 20th day after the date the actor maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, 821), Sec. Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. (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. 13, eff. (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 37), Sec. Amended by Acts 1977, 65th Leg., p. 1138, ch. (b) A person commits an offense if the person: (1) knowingly or intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, abandons, or disposes of: (B) cargo explicitly represented to the person as being stolen cargo; or. (2) "Identifying information" has the meaning assigned by Section 32.51. 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. 31.01. who sold or delivered the motor vehicle to the actor to deliver to the actor a properly 4, eff. (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. an offense under this section that involves the state Medicaid program. 323 (H.B. Theft of a vehicle worth less than $2,500 is a misdemeanor and any theft above that amount constitutes a felony. 31.10. 2482), Sec. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. rebuilding, demolition, or other form of salvage is presumed to know on receipt by 1.01, eff. 558, Sec. OBJECTIVES OF CODE Sec. Example: Joe owns a pawn shop. 1, eff. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1999. (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. (d-3) For purposes of Subsection (a)(4): (1) if the compensation is or was to be paid on a periodic basis, the intent to avoid payment for a service may be formed at any time during or before a pay period; (2) the partial payment of wages alone is not sufficient evidence to negate the actor's intent to avoid payment for a service; and. Amended by Acts 1999, 76th Leg., ch. 323 (H.B. (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. 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. Tex. PRESUMPTION FOR THEFT BY CHECK OR SIMILAR SIGHT ORDER. 3, eff. (3) "Mail" means a letter, postal card, package, bag, or other sealed article that: (A) is delivered by a common carrier or delivery service and not yet received by the addressee; or. DEFINITIONS. Theft is a Class C misdemeanor if the property stolen is worth less than $100. (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient 31.05. Code 32.55. TERRITORIAL JURISDICTION Sec. Section 32.51 Texas Penal Code Sec. (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. September 1, 2011. 55 - Financial Abuse of Elderly Individual, Tex. The term includes an automated banking machine. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. a pharmacy, clinic, hospital, nursing facility, or warehouse; or. enforcement agency; (6)an actor engaged in the business of obtaining abandoned or wrecked motor vehicles (c) An offense under Subsection (b)(1) is a Class B misdemeanor. of showing knowledge or intent and the issues of knowledge or intent are raised by Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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. Amended by Acts 1983, 68th Leg., p. 2920, ch. 900, Sec. 1396), Sec. 260 (H.B. (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. 1124 (H.B. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 1, eff. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (C)fails to obtain a signed warranty from the seller or pledgor that the seller or This means that a person charged with theft may face a less severe punishment when compared to the . (f) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. 31.16. 295 (H.B. Code 32.55 - Casetext. (F) the value of the property stolen is less than $20,000 and the property stolen is: (5) a felony of the third degree if the value of the property stolen is $30,000 or more but less than $150,000, or the property is: (A) cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $150,000; (B) 10 or more head of sheep, swine, or goats stolen during a single transaction and having an aggregate value of less than $150,000; or. Stay up-to-date with how the law affects your life. 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. (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. Sec. (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. Next . 1, 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 (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. 3, eff. 1871), Sec. Jan. 1, 1974. (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 or. 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 Sept. 1, 1994; Acts 1995, 74th Leg., ch. Jan. 1, 1974. 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. commit the offense or an opportunity to engage in conduct constituting the offense; September 1, 2007. 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