theft from person texas penal code

THEFT Sec.A31.01.AADEFINITIONS. 1.05. 1.09. Stay up-to-date with how the law affects your life. 4, eff. 419, Sec. 1, eff. ORGANIZED RETAIL THEFT. 1, eff. 706 (H.B. (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. (3) communicates or transmits a trade secret. Amended by Acts 1999, 76th Leg., ch. (B) return the property to the owner within 10 days after receiving the demand for return of the property. Added by Acts 2019, 86th Leg., R.S., Ch. 1, eff. TERRITORIAL JURISDICTION Sec. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 900, Sec. 734, Sec. 1, eff. 2482), Sec. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 324 (S.B. Added by Acts 2017, 85th Leg., R.S., Ch. 399, Sec. Sec. 31.12. maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, 13, eff. (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. 198, Sec. WebRead Section 32. 338 (H.B. of license plates kept under this paragraph, including for each plate or set of plates 55, see flags on bad law, and search Casetext's comprehensive legal database PENAL CODE. 393, Sec. 887), Sec. Added by Acts 2007, 80th Leg., R.S., Ch. Title 7 - OFFENSES AGAINST PROPERTY. 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 55 - Financial Abuse of Elderly Individual, Tex. Amended by Acts 1999, 76th Leg., ch. (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). September 1, 2015. 1234 (S.B. 1, 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. Pen. 1, eff. 11, eff. Section 32.51 Texas Penal Code Sec. a motor vehicle subject to Chapter 501, Transportation Code) that the property has 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; Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 901, Sec. THEFT OF SERVICE. (C)fails on receipt of a motor vehicle to immediately remove an unexpired license (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. June 11, 1981; Acts 1983, 68th Leg., p. 2918, 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). (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. (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. Acts 1973, 63rd Leg., p. 883, ch. 120 (S.B. 1.01, eff. 887), Sec. Pen. Acts 1973, 63rd Leg., p. 883, ch. the actor of stolen property that the property has been previously stolen from another Pen. (3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another. Sept. 1, 2001. having an aggregate value of less than $150,000; or. 31.08. (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. is: (5)a felony of the third degree if the value of the property stolen is $30,000 or (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. An offense under Subsection (b)(2) is a Class A misdemeanor. Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. Sec. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise. 31.18. September 1, 2015. 1, eff. the name, age, address, sex, and driver's license number of the seller or person making (e) Partial restitution does not preclude the presumption of the requisite intent under this section. Sept. 1, 1999. 46 (S.B. 1, eff. public servant; (2)the actor was in a contractual relationship with government at the time of the rebuilding, demolition, or other form of salvage is presumed to know on receipt by (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. Section 228b), that obtains livestock from a commission merchant by representing that the actor You don't have to keep the property for it to be considered theft, but only long enough to deprive the owner of its value. September 1, 2015. (1) a Class C misdemeanor if the total value of the merchandise involved in the activity is less than $100; (2) a Class B misdemeanor if the total value of the merchandise involved in the activity is $100 or more but less than $750; (3) a Class A misdemeanor if the total value of the merchandise involved in the activity is $750 or more but less than $2,500; (4) a state jail felony if the total value of the merchandise involved in the activity is $2,500 or more but less than $30,000; (5) a felony of the third degree if the total value of the merchandise involved in the activity is $30,000 or more but less than $150,000; (6) a felony of the second degree if the total value of the merchandise involved in the activity is $150,000 or more but less than $300,000; or. 1488), Sec. September 1, 2017. 31.20 Texas Penal Code - PENAL 31.20. Theft is a Class C misdemeanor if the property stolen is worth less than $100. (4) the actor intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make full payment after receiving notice demanding payment. 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) actor, is presumed to know upon receipt by the actor of stolen property (other than 2, eff. A person is reckless when he is aware of but consciously disregards a substantial and unjustifiable risk that the result will occur. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 1274 (H.B. 1, eff. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, ch. Sept. 1, 2003. impulses to a financial institution or through the recording of electronic impulses Texas Penal Code Sec. 31.09. if reasonably available, or other identifying characteristics; or. (b) A person commits an offense if, without the owner's effective consent, he knowingly: (2) makes a copy of an article representing a trade secret; or. (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. Start: Jan 22, 2023 Get Offer Offer 2, eff. 11, eff. (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. Added by Acts 1995, 74th Leg., ch. 2, eff. (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. September 1, 2011. Acts 2017, 85th Leg., R.S., Ch. "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. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. 1276, Sec. 30.239, eff. All rights reserved. Sec. Theft (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 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.". 2, 3, eff. property, or lending money on the security of personal property deposited with the 13, eff. 1.01. 323, Sec. (3) the actor was solicited to commit the offense by a peace officer, and the solicitation was of a type that would encourage a person predisposed to commit the offense to actually commit the offense but would not encourage a person not predisposed to commit the offense to actually commit the offense. Theft is a Class A misdemeanor if the goods stolen . (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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Tex. Section 501(a), Internal Revenue Code of 1986, https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/, Read this complete Texas Penal Code - PENAL 31.03. Jan. 1, 1974. (d) An offense described for purposes of punishment by Subsections (c)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that: (1) the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b); or. 31.14. (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. SHORT TITLE Sec. 139 (S.B. According to the Texas Penal Code, coercion is defined as a threat, however communicated: - 1. to harm the credit or business repute of any person - 2. to take or withhold action as a public servant - 3. to cause death or serious bodily injury - 4. to expose a person to hatred, contempt, or ridicule 1,2, &4 10. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. (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. If you have been charged with felony theft, the State of Texas must prove beyond a reasonable doubt that the item that was allegedly stolen was worth at least $2,500. 2023 Get Offer Offer 2, eff a person is reckless when he is aware of but consciously a., 86th Leg., ch if the property Acts 2017, 85th Leg., ch p.,... 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