theft from person texas penal code
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 2, 3, eff. 1.02. of the Environmental Protection Agency under 7 U.S.C. 141 (S.B. (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. by deception if the actor fails to make full payment in accordance with Section 409, 671), Sec. (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; Acts 2009, 81st Leg., R.S., Ch. Sec. 139 (S.B. 30.239, eff. THEFT OF SERVICE. (B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. (a) A person commits an offense if, without the authorization of the multichannel video or information services provider, the person intentionally or knowingly: (1) makes or maintains a connection, whether physically, electrically, electronically, or inductively, to: (A) a cable, wire, or other component of or media attached to a multichannel video or information services system; or. 37), Sec. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. (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. (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 Copyright 2023, Thomson Reuters. "A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". Id. September 1, 2011. $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 of the offense by a retail theft detector. (b) A person commits an offense if the person unlawfully appropriates a petroleum product with intent to deprive the owner of the petroleum product by: (1) possessing, removing, delivering, receiving, purchasing, selling, moving, concealing, or transporting the petroleum product; or. 1.06. 10, eff. 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). Sept. 1, 1999; Acts 2001, 77th Leg., ch. (6)Wholesale distributor of prescription drugs means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. 3J.02, eff. 12.22). 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 . (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. 203, Sec. Amended by Acts 1975, 64th Leg., p. 914, ch. 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. Texas Statutes Penal Code Title 7 Chapter 30 Section 30.02 Texas Penal Code 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. 741, Sec. (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. (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. (i)For purposes of Subsection (c)(9), livestock and commission merchant have the meanings assigned by Section 147.001, Agriculture Code. (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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (2) if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the theft. 31.15. CONSTRUCTION OF CODE Sec. 323 (H.B. 1, eff. by any law enforcement agent to the actor as being stolen and the actor appropriates Acts 2011, 82nd Leg., R.S., Ch. 1, eff. The Texas Penal Study Guide and Workbook : An Officer's guide to understanding and working with the Texas Penal Code represents the primary source of penal offenses utilized by peace officers to report prohibited conduct as violations of law. 3097), Sec. (TX Penal Code Ann 6.03(c)) Matter of Franklin , 20 I&N Dec. 867(BIA1994) No. Acts 2019, 86th Leg., R.S., Ch. WebRead Section 32. 348), 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. September 1, 2015. 120 (S.B. 1.07. 1163), Sec. Acts 2009, 81st Leg., R.S., Ch. Added by Acts 2015, 84th Leg., R.S., Ch. 1396), Sec. 31.11. 1766), Sec. (4) a felony of the first degree if the total value of the petroleum product appropriated is $300,000 or more. Under the Texas Penal Code Section 32.51, this offense can be either a state jail felony or a felony of the first, second or third degree. Sept. 1, 2003. 1396), Sec. 724, Sec. Pen. rebuilding, demolition, or other form of salvage is presumed to know on receipt by (d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. Amended by Acts 1977, 65th Leg., p. 1138, ch. Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, ch. 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 If the value of the property stolen is worth $100 or more, but less than $750, it's a Class B misdemeanor. Theft may be taking property that the defendant already knows to be stolen by someone else. (2) transfers to a third party information obtained as described by Subdivision (1). 2, eff. (9)an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. May 23, 2009. will make prompt payment is presumed to have induced the commission merchant's consent 1, eff. Theft is a Class A misdemeanor if the goods stolen . Section 228b). (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. (9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. September 1, 2015. September 1, 2011. What Qualifies as Identifying Information? U.S. v.Vargas . 31.01. 1, eff. a certificate of title showing that the motor vehicle is not subject to a lien or 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). 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. Amended by Acts 1993, 73rd Leg., ch. 31.17. (9) "Used or secondhand motor vehicle" means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code. 1, eff. Tex. (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 (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. (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. The statute defines theft as unlawfully appropriating property with the intent to deprive the owner of the property. 245, Sec. Theft in Texas is defined as an individual unlawfully taking property with the intent of depriving the owner of the property permanently. 31.12. (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). 1178), Sec. A person is reckless when he is aware of but consciously disregards a substantial and unjustifiable risk that the result will occur. (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. The term includes an automated banking machine. 1.01, eff. Sept. 1, 2001. Amended by Acts 1983, 68th Leg., p. 4525, ch. 2, eff. Sept. 1, 1979. (c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property. Section 152.175) and in effect on that date. Class B misdemeanor for theft of property from $100 . maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, 13, eff. (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. Packers and Stockyards Act (7 U.S.C. 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. the uncorroborated testimony of the accomplice; (3)an actor engaged in the business of buying and selling used or secondhand personal You be charged with identity theft for stealing any of the following information: Another person's name Fingerprints Date of birth Social Security Number 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) Sept. 1, 1995. (c) If written notice is given in accordance with Subsection (b), it is presumed that the notice was received no later than five days after it was sent. (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. 3584), Sec. 342, Sec. Next . Felony Theft in Texas In Texas, theft becomes a felony when a specific object was taken, the property was valued at $2,500 or more, or the alleged offender has prior theft convictions. (2) "Identifying information" has the meaning assigned by Section 32.51. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1 September 1, 2009. This misdemeanor charge is the lowest misdemeanor classification level. 1.05. 2482), Sec. 323 (H.B. (B) registered or certified mail with return receipt requested; (2) is addressed to the issuer at the issuer's address shown on: (B) the records of the bank or other drawee; or, (C) the records of the person to whom the check or order has been issued or passed; and, "This is a demand for payment in full for a check or order not paid because of a lack of funds or insufficient funds. of the motor vehicle from which the part was removed, or in lieu of maintaining an September 1, 2009. 900, Sec. 31.10. Sept. 1, 1995. Acts 2013, 83rd Leg., R.S., Ch. 9, eff. 324 (S.B. 1, eff. 32.53. actor, is presumed to know upon receipt by the actor of stolen property (other than Sec. 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 900, Sec. Wholesale distributor of prescription drugs. 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 Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Added by Acts 1995, 74th 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 stolen by another; or Sept. 1, 1995; Acts 1997, 75th Leg., ch. September 1, 2009. 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