CHAPTER 28. ARSON, CRIMINAL MISCHIEF, AND OTHERPROPERTY DAMAGE OR DESTRUCTION
PENAL CODE
TITLE 7. OFFENSES AGAINST PROPERTY
CHAPTER 28. ARSON, CRIMINAL MISCHIEF, AND OTHERPROPERTY DAMAGE OR
DESTRUCTION
Sec. 28.01. DEFINITIONS. In this chapter:
(1) "Habitation" means a structure or vehicle that is adapted
for the overnight accommodation of persons and includes:
(A) each separately secured or occupied portion of the structure
or vehicle; and
(B) each structure appurtenant to or connected with the
structure or vehicle.
(2) "Building" means any structure or enclosure intended for use
or occupation as a habitation or for some purpose of trade,
manufacture, ornament, or use.
(3) "Property" means:
(A) real property;
(B) tangible or intangible personal property, including anything
severed from land; or
(C) a document, including money, that represents or embodies
anything of value.
(4) "Vehicle" includes any device in, on, or by which any person
or property is or may be propelled, moved, or drawn in the normal
course of commerce or transportation.
(5) "Open-space land" means real property that is undeveloped
for the purpose of human habitation.
(6) "Controlled burning" means the burning of unwanted
vegetation with the consent of the owner of the property on which
the vegetation is located and in such a manner that the fire is
controlled and limited to a designated area.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1979, 66th Leg., p. 1216, ch. 588, Sec. 1, eff.
Sept. 1, 1979; Acts 1989, 71st Leg., ch. 31, Sec. 1, eff. Sept.
1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,
1994.
Sec. 28.02. ARSON. (a) A person commits an offense if the
person starts a fire, regardless of whether the fire continues
after ignition, or causes an explosion with intent to destroy or
damage:
(1) any vegetation, fence, or structure on open-space land; or
(2) any building, habitation, or vehicle:
(A) knowing that it is within the limits of an incorporated city
or town;
(B) knowing that it is insured against damage or destruction;
(C) knowing that it is subject to a mortgage or other security
interest;
(D) knowing that it is located on property belonging to another;
(E) knowing that it has located within it property belonging to
another; or
(F) when the person is reckless about whether the burning or
explosion will endanger the life of some individual or the safety
of the property of another.
(a-1) A person commits an offense if the person recklessly
starts a fire or causes an explosion while manufacturing or
attempting to manufacture a controlled substance and the fire or
explosion damages any building, habitation, or vehicle.
(a-2) A person commits an offense if the person intentionally
starts a fire or causes an explosion and in so doing:
(1) recklessly damages or destroys a building belonging to
another; or
(2) recklessly causes another person to suffer bodily injury or
death.
(b) It is an exception to the application of Subsection (a)(1)
that the fire or explosion was a part of the controlled burning
of open-space land.
(c) It is a defense to prosecution under Subsection (a)(2)(A)
that prior to starting the fire or causing the explosion, the
actor obtained a permit or other written authorization granted in
accordance with a city ordinance, if any, regulating fires and
explosions.
(d) An offense under Subsection (a) is a felony of the second
degree, except that the offense is a felony of the first degree
if it is shown on the trial of the offense that:
(1) bodily injury or death was suffered by any person by reason
of the commission of the offense; or
(2) the property intended to be damaged or destroyed by the
actor was a habitation or a place of assembly or worship.
(e) An offense under Subsection (a-1) is a state jail felony,
except that the offense is a felony of the third degree if it is
shown on the trial of the offense that bodily injury or death was
suffered by any person by reason of the commission of the
offense.
(f) An offense under Subsection (a-2) is a state jail felony.
(g) If conduct that constitutes an offense under Subsection
(a-1) or that constitutes an offense under Subsection (a-2) also
constitutes an offense under another subsection of this section
or another section of this code, the actor may be prosecuted
under Subsection (a-1) or Subsection (a-2), under the other
subsection of this section, or under the other section of this
code.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1979, 66th Leg., p. 1216, ch. 588, Sec. 2, eff.
Sept. 1, 1979; Acts 1981, 67th Leg., p. 1837, ch. 425, Sec. 1,
eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 31, Sec. 2, eff.
Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.
Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1006, Sec. 1, eff. Sept.
1, 1997; Acts 2001, 77th Leg., ch. 976, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
960, Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
1168, Sec. 1, eff. September 1, 2009.
Sec. 28.03. CRIMINAL MISCHIEF. (a) A person commits an offense
if, without the effective consent of the owner:
(1) he intentionally or knowingly damages or destroys the
tangible property of the owner;
(2) he intentionally or knowingly tampers with the tangible
property of the owner and causes pecuniary loss or substantial
inconvenience to the owner or a third person; or
(3) he intentionally or knowingly makes markings, including
inscriptions, slogans, drawings, or paintings, on the tangible
property of the owner.
(b) Except as provided by Subsections (f) and (h), an offense
under this section is:
(1) a Class C misdemeanor if:
(A) the amount of pecuniary loss is less than $50; or
(B) except as provided in Subdivision (3)(A) or (3)(B), it
causes substantial inconvenience to others;
(2) a Class B misdemeanor if the amount of pecuniary loss is $50
or more but less than $500;
(3) a Class A misdemeanor if:
(A) the amount of pecuniary loss is $500 or more but less than
$1,500; or
(B) the actor causes in whole or in part impairment or
interruption of any public water supply, or causes to be diverted
in whole, in part, or in any manner, including installation or
removal of any device for any such purpose, any public water
supply, regardless of the amount of the pecuniary loss;
(4) a state jail felony if the amount of pecuniary loss is:
(A) $1,500 or more but less than $20,000;
(B) less than $1,500, if the property damaged or destroyed is a
habitation and if the damage or destruction is caused by a
firearm or explosive weapon;
(C) less than $1,500, if the property was a fence used for the
production or containment of:
(i) cattle, bison, horses, sheep, swine, goats, exotic
livestock, or exotic poultry; or
(ii) game animals as that term is defined by Section 63.001,
Parks and Wildlife Code; or
(D) less than $20,000 and the actor causes wholly or partly
impairment or interruption of public communications, public
transportation, public gas or power supply, or other public
service, or causes to be diverted wholly, partly, or in any
manner, including installation or removal of any device for any
such purpose, any public communications or public gas or power
supply;
(5) a felony of the third degree if the amount of the pecuniary
loss is $20,000 or more but less than $100,000;
(6) a felony of the second degree if the amount of pecuniary
loss is $100,000 or more but less than $200,000; or
(7) a felony of the first degree if the amount of pecuniary loss
is $200,000 or more.
(c) For the purposes of this section, it shall be presumed that
a person who is receiving the economic benefit of public
communications, public water, gas, or power supply, has knowingly
tampered with the tangible property of the owner if the
communication or supply has been:
(1) diverted from passing through a metering device; or
(2) prevented from being correctly registered by a metering
device; or
(3) activated by any device installed to obtain public
communications, public water, gas, or power supply without a
metering device.
(d) The terms "public communication, public transportation,
public gas or power supply, or other public service" and "public
water supply" shall mean, refer to, and include any such services
subject to regulation by the Public Utility Commission of Texas,
the Railroad Commission of Texas, or the Texas Natural Resource
Conservation Commission or any such services enfranchised by the
State of Texas or any political subdivision thereof.
(e) When more than one item of tangible property, belonging to
one or more owners, is damaged, destroyed, or tampered with in
violation of this section pursuant to one scheme or continuing
course of conduct, the conduct may be considered as one offense,
and the amounts of pecuniary loss to property resulting from the
damage to, destruction of, or tampering with the property may be
aggregated in determining the grade of the offense.
(f) An offense under this section is a state jail felony if the
damage or destruction is inflicted on a place of worship or human
burial, a public monument, or a community center that provides
medical, social, or educational programs and the amount of the
pecuniary loss to real property or to tangible personal property
is less than $20,000.
(g) In this section:
(1) "Explosive weapon" means any explosive or incendiary device
that is designed, made, or adapted for the purpose of inflicting
serious bodily injury, death, or substantial property damage, or
for the principal purpose of causing such a loud report as to
cause undue public alarm or terror, and includes:
(A) an explosive or incendiary bomb, grenade, rocket, and mine;
(B) a device designed, made, or adapted for delivering or
shooting an explosive weapon; and
(C) a device designed, made, or adapted to start a fire in a
time-delayed manner.
(2) "Firearm" has the meaning assigned by Section 46.01.
(3) "Institution of higher education" has the meaning assigned
by Section 61.003, Education Code.
(4) "Aluminum wiring" means insulated or noninsulated wire or
cable that consists of at least 50 percent aluminum, including
any tubing or conduit attached to the wire or cable.
(5) "Bronze wiring" means insulated or noninsulated wire or
cable that consists of at least 50 percent bronze, including any
tubing or conduit attached to the wire or cable.
(6) "Copper wiring" means insulated or noninsulated wire or
cable that consists of at least 50 percent copper, including any
tubing or conduit attached to the wire or cable.
(7) "Transportation communications equipment" means:
(A) an official traffic-control device, railroad sign or signal,
or traffic-control signal, as those terms are defined by Section
541.304, Transportation Code; or
(B) a sign, signal, or device erected by a railroad, public
body, or public officer to direct the movement of a railroad
train, as defined by Section 541.202, Transportation Code.
(8) "Transportation communications device" means any item
attached to transportation communications equipment, including
aluminum wiring, bronze wiring, and copper wiring.
(h) An offense under this section is a state jail felony if the
amount of the pecuniary loss to real property or to tangible
personal property is $1,500 or more but less than $20,000 and the
damage or destruction is inflicted on a public or private
elementary school, secondary school, or institution of higher
education.
(i) Notwithstanding Subsection (b), an offense under this
section is a felony of the first degree if the property is
livestock and the damage is caused by introducing bovine
spongiform encephalopathy, commonly known as mad cow disease, or
a disease described by Section 161.041(a), Agriculture Code. In
this subsection, "livestock" has the meaning assigned by Section
161.001, Agriculture Code.
(j) Notwithstanding Subsection (b), an offense under this
section is a felony of the third degree if:
(1) the tangible property damaged, destroyed, or tampered with
is transportation communications equipment or a transportation
communications device; and
(2) the amount of the pecuniary loss to the tangible property is
less than $100,000.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1981, 67th Leg., p. 66, ch. 29, Sec. 1, eff. Aug.
31, 1981; Acts 1983, 68th Leg., p. 2917, ch. 497, Sec. 1, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 352, Sec. 1, eff. Sept.
1, 1985; Acts 1989, 71st Leg., ch. 559, Sec. 1, eff. June 14,
1989; Acts 1989, 71st Leg., ch. 1253, Sec. 1, eff. Sept. 1, 1989;
Acts 1989, 71st Leg., 1st C.S., ch. 42, Sec. 1, eff. Sept. 1,
1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,
1994; Acts 1995, 74th Leg., ch. 76, Sec. 11.280, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 1083, Sec. 1, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 686, Sec. 1, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 747, Sec. 1, eff. Sept. 1, 2001; Acts 2001,
77th Leg., ch. 976, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th
Leg., ch. 1280, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
690, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
690, Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
638, Sec. 1, eff. September 1, 2009.
Sec. 28.04. RECKLESS DAMAGE OR DESTRUCTION. (a) A person
commits an offense if, without the effective consent of the
owner, he recklessly damages or destroys property of the owner.
(b) An offense under this section is a Class C misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994.
Sec. 28.05. ACTOR'S INTEREST IN PROPERTY. It is no defense to
prosecution under this chapter that the actor has an interest in
the property damaged or destroyed if another person also has an
interest that the actor is not entitled to infringe.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994.
Sec. 28.06. AMOUNT OF PECUNIARY LOSS. (a) The amount of
pecuniary loss under this chapter, if the property is destroyed,
is:
(1) the fair market value of the property at the time and place
of the destruction; or
(2) if the fair market value of the property cannot be
ascertained, the cost of replacing the property within a
reasonable time after the destruction.
(b) The amount of pecuniary loss under this chapter, if the
property is damaged, is the cost of repairing or restoring the
damaged property within a reasonable time after the damage
occurred.
(c) The amount of pecuniary loss under this chapter for
documents, other than those having a readily ascertainable market
value, is:
(1) the amount due and collectible at maturity less any part
that has been satisfied, if the document constitutes evidence of
a debt; or
(2) the greatest amount of economic loss that the owner might
reasonably suffer by virtue of the destruction or damage if the
document is other than evidence of a debt.
(d) If the amount of pecuniary loss cannot be ascertained by the
criteria set forth in Subsections (a) through (c), the amount of
loss is deemed to be greater than $500 but less than $1,500.
(e) If the actor proves by a preponderance of the evidence that
he gave consideration for or had a legal interest in the property
involved, the value of the interest so proven shall be deducted
from:
(1) the amount of pecuniary loss if the property is destroyed;
or
(2) the amount of pecuniary loss to the extent of an amount
equal to the ratio the value of the interest bears to the total
value of the property, if the property is damaged.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1983, 68th Leg., p. 2918, ch. 497, Sec. 2, eff.
Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.
Sept. 1, 1994.
Sec. 28.07. INTERFERENCE WITH RAILROAD PROPERTY. (a) In this
section:
(1) "Railroad property" means:
(A) a train, locomotive, railroad car, caboose, work equipment,
rolling stock, safety device, switch, or connection that is
owned, leased, operated, or possessed by a railroad; or
(B) a railroad track, rail, bridge, trestle, or right-of-way
owned or used by a railroad.
(2) "Tamper" means to move, alter, or interfere with railroad
property.
(b) A person commits an offense if the person:
(1) throws an object or discharges a firearm or weapon at a
train or rail-mounted work equipment; or
(2) without the effective consent of the owner:
(A) enters or remains on railroad property, knowing that it is
railroad property;
(B) tampers with railroad property;
(C) places an obstruction on a railroad track or right-of-way;
or
(D) causes in any manner the derailment of a train, railroad
car, or other railroad property that moves on tracks.
(c) An offense under Subsection (b)(1) is a Class B misdemeanor
unless the person causes bodily injury to another, in which event
the offense is a felony of the third degree.
(d) An offense under Subsection (b)(2)(A) is a Class C
misdemeanor.
(e) An offense under Subsection (b)(2)(B), (b)(2)(C), or
(b)(2)(D) is a Class C misdemeanor unless the person causes
pecuniary loss, in which event the offense is:
(1) a Class B misdemeanor if the amount of pecuniary loss is $20
or more but less than $500;
(2) a Class A misdemeanor if the amount of pecuniary loss is
$500 or more but less than $1,500;
(3) a state jail felony if the amount of pecuniary loss is
$1,500 or more but less than $20,000;
(4) a felony of the third degree if the amount of the pecuniary
loss is $20,000 or more but less than $100,000;
(5) a felony of the second degree if the amount of pecuniary
loss is $100,000 or more but less than $200,000; or
(6) a felony of the first degree if the amount of the pecuniary
loss is $200,000 or more.
(f) The conduct described in Subsection (b)(2)(A) is not an
offense under this section if it is undertaken by an employee of
the railroad or by a representative of a labor organization which
represents or is seeking to represent the employees of the
railroad as long as the employee or representative has a right to
engage in such conduct under the Railway Labor Act (45 U.S.C.
Section 151 et seq.).
Added by Acts 1989, 71st Leg., ch. 908, Sec. 1, eff. Sept. 1,
1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.
Sept. 1, 1994.
Sec. 28.08. GRAFFITI. (a) A person commits an offense if,
without the effective consent of the owner, the person
intentionally or knowingly makes markings, including
inscriptions, slogans, drawings, or paintings, on the tangible
property of the owner with:
(1) paint;
(2) an indelible marker; or
(3) an etching or engraving device.
(b) Except as provided by Subsection (d), an offense under this
section is:
(1) a Class B misdemeanor if the amount of pecuniary loss is
less than $500;
(2) a Class A misdemeanor if the amount of pecuniary loss is
$500 or more but less than $1,500;
(3) a state jail felony if the amount of pecuniary loss is
$1,500 or more but less than $20,000;
(4) a felony of the third degree if the amount of pecuniary loss
is $20,000 or more but less than $100,000;
(5) a felony of the second degree if the amount of pecuniary
loss is $100,000 or more but less than $200,000; or
(6) a felony of the first degree if the amount of pecuniary loss
is $200,000 or more.
(c) When more than one item of tangible property, belonging to
one or more owners, is marked in violation of this section
pursuant to one scheme or continuing course of conduct, the
conduct may be considered as one offense, and the amounts of
pecuniary loss to property resulting from the marking of the
property may be aggregated in determining the grade of the
offense.
(d) An offense under this section is a state jail felony if:
(1) the marking is made on a school, an institution of higher
education, a place of worship or human burial, a public monument,
or a community center that provides medical, social, or
educational programs; and
(2) the amount of the pecuniary loss to real property or to
tangible personal property is less than $20,000.
(e) In this section:
(1) "Aerosol paint" means an aerosolized paint product.
(2) "Etching or engraving device" means a device that makes a
delineation or impression on tangible property, regardless of the
manufacturer's intended use for that device.
(3) "Indelible marker" means a device that makes a mark with a
paint or ink product that is specifically formulated to be more
difficult to erase, wash out, or remove than ordinary paint or
ink products.
(4) "Institution of higher education" has the meaning assigned
by Section 481.134, Health and Safety Code.
(5) "School" means a private or public elementary or secondary
school.
Added by Acts 1997, 75th Leg., ch. 593, Sec. 1, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 166, Sec. 1, 2, eff.
Sept. 1, 1999; Acts 1999, 76th Leg., ch. 695, Sec. 1, eff. Sept.
1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 16.001, eff. Sept.
1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
639, Sec. 4, eff. September 1, 2009.