CHAPTER 31. THEFT
PENAL CODE
TITLE 7. OFFENSES AGAINST PROPERTY
CHAPTER 31. THEFT
Sec. 31.01. DEFINITIONS. In this chapter:
(1) "Deception" means:
(A) creating or confirming by words or conduct a false
impression of law or fact that is likely to affect the judgment
of another in the transaction, and that the actor does not
believe to be true;
(B) failing to correct a false impression of law or fact that is
likely to affect the judgment of another in the transaction, that
the actor previously created or confirmed by words or conduct,
and that the actor does not now believe to be true;
(C) preventing another from acquiring information likely to
affect his judgment in the transaction;
(D) selling or otherwise transferring or encumbering property
without disclosing a lien, security interest, adverse claim, or
other legal impediment to the enjoyment of the property, whether
the lien, security interest, claim, or impediment is or is not
valid, or is or is not a matter of official record; or
(E) promising performance that is likely to affect the judgment
of another in the transaction and that the actor does not intend
to perform or knows will not be performed, except that failure to
perform the promise in issue without other evidence of intent or
knowledge is not sufficient proof that the actor did not intend
to perform or knew the promise would not be performed.
(2) "Deprive" means:
(A) to withhold property from the owner permanently or for so
extended a period of time that a major portion of the value or
enjoyment of the property is lost to the owner;
(B) to restore property only upon payment of reward or other
compensation; or
(C) to dispose of property in a manner that makes recovery of
the property by the owner unlikely.
(3) "Effective consent" includes consent by a person legally
authorized to act for the owner. Consent is not effective if:
(A) induced by deception or coercion;
(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
(E) given by a person who by reason of advanced age is known by
the actor to have a diminished capacity to make informed and
rational decisions about the reasonable disposition of property.
(4) "Appropriate" means:
(A) to bring about a transfer or purported transfer of title to
or other nonpossessory interest in property, whether to the actor
or another; or
(B) to acquire or otherwise exercise control over property other
than real property.
(5) "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.
(6) "Service" includes:
(A) labor and professional service;
(B) telecommunication, public utility, or transportation
service;
(C) lodging, restaurant service, and entertainment; and
(D) the supply of a motor vehicle or other property for use.
(7) "Steal" means to acquire property or service by theft.
(8) "Certificate of title" has the meaning assigned by Section
501.002, Transportation Code.
(9) "Used or secondhand motor vehicle" means a used motor
vehicle, as that term is defined by Section 501.002,
Transportation Code.
(10) "Elderly individual" has the meaning assigned by Section
22.04(c).
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 914, ch. 342, Sec. 9, eff.
Sept. 1, 1975; Acts 1985, 69th Leg., ch. 901, Sec. 2, eff. Sept.
1, 1985; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,
1994; Acts 1997, 75th Leg., ch. 165, Sec. 30.237, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 432, Sec. 1, eff. Sept. 1, 2003.
Sec. 31.02. CONSOLIDATION OF THEFT OFFENSES. 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.
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. 31.03. THEFT. (a) A person commits an offense if he
unlawfully appropriates property with intent to deprive the owner
of property.
(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
(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.
(c) For purposes of Subsection (b):
(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
(C) fails to obtain a signed warranty from the seller or pledgor
that the seller or pledgor has the right to possess the property.
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
(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
(B) fails to file with the county tax assessor-collector of the
county in which the actor received the motor vehicle, not later
than the 20th day after the date the actor received the motor
vehicle, the registration license receipt and certificate of
title or evidence of title delivered to the actor in accordance
with Subchapter D, Chapter 520, Transportation Code, at the time
the motor vehicle was delivered;
(8) an actor who purchases or receives from any source other
than a licensed retailer or distributor of pesticides a
restricted-use pesticide or a state-limited-use pesticide or a
compound, mixture, or preparation containing a restricted-use or
state-limited-use pesticide is presumed to know on receipt by the
actor of the pesticide or compound, mixture, or preparation that
the pesticide or compound, mixture, or preparation has 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 compound, mixture, or preparation purchased
or received; and
(C) fails to obtain a signed warranty from the seller or pledgor
that the seller or pledgor has the right to possess the property;
and
(9) an actor who is subject to Section 409, Packers and
Stockyards Act (7 U.S.C. 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. Section 228b).
(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
(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.
(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:
(A) $50; or
(B) $20 and the defendant obtained the property by issuing or
passing a check or similar sight order in a manner described by
Section 31.06;
(2) a Class B misdemeanor if:
(A) the value of the property stolen is:
(i) $50 or more but less than $500; or
(ii) $20 or more but less than $500 and the defendant obtained
the property by issuing or passing a check or similar sight order
in a manner described by Section 31.06;
(B) the value of the property stolen is less than:
(i) $50 and the defendant has previously been convicted of any
grade of theft; or
(ii) $20, the defendant has previously been convicted of any
grade of theft, and the defendant obtained the property by
issuing or passing a check or similar sight order in a manner
described by Section 31.06; or
(C) the property stolen is a driver's license, commercial
driver's license, or personal identification certificate issued
by this state or another state;
(3) a Class A misdemeanor if the value of the property stolen is
$500 or more but less than $1,500;
(4) a state jail felony if:
(A) the value of the property stolen is $1,500 or more but less
than $20,000, or the property is less than 10 head of sheep,
swine, or goats or any part thereof under the value of $20,000;
(B) regardless of value, the property is stolen from the person
of another or from a human corpse or grave, including property
that is a military grave marker;
(C) the property stolen is a firearm, as defined by Section
46.01;
(D) the value of the property stolen is less than $1,500 and the
defendant has been previously convicted two or more times of any
grade of theft;
(E) the property stolen is an official ballot or official
carrier envelope for an election; or
(F) the value of the property stolen is less than $20,000 and
the property stolen is insulated or noninsulated tubing, rods,
water gate stems, wire, or cable that consists of at least 50
percent:
(i) aluminum;
(ii) bronze; or
(iii) copper;
(5) a felony of the third degree if the value of the property
stolen is $20,000 or more but less than $100,000, 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
$100,000; or
(B) 10 or more head of sheep, swine, or goats stolen during a
single transaction and having an aggregate value of less than
$100,000;
(6) a felony of the second degree if the value of the property
stolen is $100,000 or more but less than $200,000; or
(7) a felony of the first degree if the value of the property
stolen is $200,000 or more.
(f) An offense described for purposes of punishment by
Subsections (e)(1)-(6) is increased to the next higher category
of offense if it is shown on the trial of the offense that:
(1) the actor was a public servant at the time of the offense
and the property appropriated came into the actor's custody,
possession, or control by virtue of his status as a public
servant;
(2) the actor was in a contractual relationship with government
at the time of the offense and the property appropriated came
into the actor's custody, possession, or control by virtue of the
contractual relationship;
(3) the owner of the property appropriated was at the time of
the offense:
(A) an elderly individual; or
(B) a nonprofit organization; or
(4) the actor was a Medicare provider in a contractual
relationship with the federal government at the time of the
offense and the property appropriated came into the actor's
custody, possession, or control by virtue of the contractual
relationship.
(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.
(h) In this section:
(1) "Restricted-use pesticide" means a pesticide classified as a
restricted-use pesticide by the administrator of the
Environmental Protection Agency under 7 U.S.C. 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. Section 152.175) and in effect on that date.
(2) "State-limited-use pesticide" means a pesticide classified
as a state-limited-use pesticide by the Department of Agriculture
under Section 76.003, Agriculture Code, as that section existed
on January 1, 1995, and containing an active ingredient listed in
the rules adopted under that section (4 TAC Section 7.24) as that
section existed on that date.
(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.
(i) For purposes of Subsection (c)(9), "livestock" and
"commission merchant" have the meanings assigned by Section
147.001, Agriculture Code.
(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.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 914, ch. 342, Sec. 10, eff.
Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. 349, Sec. 1,
eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, ch. 298, Sec.
1, eff. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, ch. 455,
Sec. 1, eff. June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch.
497, Sec. 3, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244,
ch. 558, Sec. 11, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p.
4523, ch. 741, Sec. 1, eff. Sept. 1, 1983; Acts 1985, 69th Leg.,
ch. 599, Sec. 1, eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch.
901, Sec. 1, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 167,
Sec. 5.01(a)(45), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch.
245, Sec. 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 724,
Sec. 2, 3, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 14, Sec.
284(80), eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 565, Sec.
1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 203, Sec. 4, 5,
eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,
eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 9, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 734, Sec. 1, eff. Sept.
1, 1995; Acts 1995, 74th Leg., ch. 843, Sec. 1, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 165, Sec. 30.238, 31.01(69), eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1153, Sec. 7.01, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1276, Sec. 1, eff. Sept.
1, 2001; Acts 2003, 78th Leg., ch. 198, Sec. 2.136, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 257, Sec. 13, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 393, Sec. 20, eff. Sept. 1, 2003; Acts
2003, 78th Leg., ch. 432, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
304, Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
70, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
105, Sec. 1, eff. May 23, 2009.
Acts 2009, 81st Leg., R.S., Ch.
139, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
295, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
903, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
903, Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 3J.01, eff. September 1, 2009.
Sec. 31.04. THEFT OF SERVICE. (a) A person commits theft of
service if, with intent to avoid payment for service that he
knows is provided only for compensation:
(1) he 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 he is not entitled, he intentionally or knowingly
diverts the other's services to his own benefit or to the benefit
of another not entitled to them;
(3) having control of personal property under a written rental
agreement, he 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
(4) he intentionally or knowingly secures the performance of the
service by agreeing to provide compensation and, after the
service is rendered, fails to make payment after receiving notice
demanding payment.
(b) For purposes of this section, intent to avoid payment is
presumed if:
(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; or
(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 $1,500; or
(B) within three days after receiving notice demanding return,
if the property is valued at $1,500 or more.
(c) For purposes of Subsections (a)(4), (b)(2), and (b)(4),
notice shall be notice in writing, sent by registered or
certified mail with return receipt requested or by telegram with
report of delivery requested, and addressed to the actor at his
address shown on the rental agreement or service agreement.
(d) If written notice is given in accordance with Subsection
(c), it is presumed that the notice was received no later than
five days after it was sent.
(e) An offense under this section is:
(1) a Class C misdemeanor if the value of the service stolen is
less than $20;
(2) a Class B misdemeanor if the value of the service stolen is
$20 or more but less than $500;
(3) a Class A misdemeanor if the value of the service stolen is
$500 or more but less than $1,500;
(4) a state jail felony if the value of the service stolen is
$1,500 or more but less than $20,000;
(5) a felony of the third degree if the value of the service
stolen is $20,000 or more but less than $100,000;
(6) a felony of the second degree if the value of the service
stolen is $100,000 or more but less than $200,000; or
(7) a felony of the first degree if the value of the service
stolen is $200,000 or more.
(f) Notwithstanding any other provision of this code, any police
or other report of stolen vehicles by a political subdivision of
this state shall include on the report any rental vehicles whose
renters have been shown to such reporting agency to be in
violation of Subsection (b)(2) and shall indicate that the
renting agency has complied with the notice requirements
demanding return as provided in this section.
(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
(2) the person performing the service or any other person
presented the check or sight order for payment before the date on
the check or sight order.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1977, 65th Leg., p. 1138, ch. 429, Sec. 1, eff.
Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, ch. 497, Sec. 4,
eff. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 565, Sec. 15, eff.
Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.
Sept. 1, 1994; Acts 1995, 74th Leg., ch. 479, Sec. 1, eff. Aug.
28, 1995; Acts 1999, 76th Leg., ch. 843, Sec. 1, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 1245, Sec. 1, 2, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 419, Sec. 1, eff. Sept. 1, 2003.
Sec. 31.05. THEFT OF TRADE SECRETS. (a) For purposes of this
section:
(1) "Article" means any object, material, device, or substance
or any copy thereof, including a writing, recording, drawing,
sample, specimen, prototype, model, photograph, microorganism,
blueprint, or map.
(2) "Copy" means a facsimile, replica, photograph, or other
reproduction of an article or a note, drawing, or sketch made of
or from an article.
(3) "Representing" means describing, depicting, containing,
constituting, reflecting, or recording.
(4) "Trade secret" means the whole or any part of any scientific
or technical information, design, process, procedure, formula, or
improvement that has value and that the owner has taken measures
to prevent from becoming available to persons other than those
selected by the owner to have access for limited purposes.
(b) A person commits an offense if, without the owner's
effective consent, he knowingly:
(1) steals a trade secret;
(2) makes a copy of an article representing a trade secret; or
(3) communicates or transmits a trade secret.
(c) An offense under this section is a felony of the third
degree.
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. 31.06. PRESUMPTION FOR THEFT BY CHECK. (a) If the actor
obtained property or secured performance of service by issuing or
passing a check or similar sight order for the payment of money,
when the issuer did not have sufficient funds in or on deposit
with the bank or other drawee for the payment in full of the
check or order as well as all other checks or orders then
outstanding, it is prima facie evidence of his intent to deprive
the owner of property under Section 31.03 (Theft) including a
drawee or third-party holder in due course who negotiated the
check or to avoid payment for service under Section 31.04 (Theft
of Service) (except in the case of a postdated check or order)
if:
(1) he had no account with the bank or other drawee at the time
he issued the check or order; or
(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.
(b) For purposes of Subsection (a)(2) or (f)(3), notice may be
actual notice or notice in writing that:
(1) is sent by:
(A) first class mail, evidenced by an affidavit of service; or
(B) registered or certified mail with return receipt requested;
(2) is addressed to the issuer at the issuer's address shown on:
(A) the check or order;
(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
(3) contains the following statement:
"This is a demand for payment in full for a check or order not
paid because of a lack of funds or insufficient funds. 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."
(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.
(d) Nothing in this section prevents the prosecution from
establishing the requisite intent by direct evidence.
(e) Partial restitution does not preclude the presumption of the
requisite intent under this section.
(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
(4) the actor failed to:
(A) pay the holder within 10 days after receiving the demand for
payment; or
(B) return the property to the owner within 10 days after
receiving the demand for return of the property.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1991, 72nd Leg., ch. 543, Sec. 2, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,
1994; Acts 1995, 74th Leg., ch. 753, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
976, Sec. 1, eff. September 1, 2007.
Sec. 31.07. UNAUTHORIZED USE OF A VEHICLE. (a) A person
commits an offense if he intentionally or knowingly operates
another's boat, airplane, or motor-propelled vehicle without the
effective consent of the owner.
(b) An offense under this section is a state jail felony.
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. 31.08. VALUE. (a) Subject to the additional criteria of
Subsections (b) and (c), value under this chapter is:
(1) the fair market value of the property or service at the time
and place of the offense; 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 theft.
(b) The value of documents, other than those having a readily
ascertainable market value, is:
(1) the amount due and collectible at maturity less that part
which 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 loss of the document, if the
document is other than evidence of a debt.
(c) If property or service has value that cannot be reasonably
ascertained by the criteria set forth in Subsections (a) and (b),
the property or service is deemed to have a value of $500 or more
but less than $1,500.
(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.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1983, 68th Leg., p. 2920, ch. 497, Sec. 5, eff.
Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.
Sept. 1, 1994.
Sec. 31.09. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. 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.
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. 31.10. ACTOR'S INTEREST IN PROPERTY. It is no defense to
prosecution under this chapter that the actor has an interest in
the property or service stolen if another person has the right of
exclusive possession of the property.
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. 31.11. TAMPERING WITH IDENTIFICATION NUMBERS. (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
(2) possesses, sells, or offers for sale tangible personal
property and:
(A) the actor knows that the serial number or other permanent
identification marking has been removed, altered, or obliterated;
or
(B) a reasonable person in the position of the actor would have
known that the serial number or other permanent identification
marking has been removed, altered, or obliterated.
(b) It is an affirmative defense to prosecution under this
section that the person was:
(1) the owner or acting with the effective consent of the owner
of the property involved;
(2) a peace officer acting in the actual discharge of official
duties; or
(3) acting with respect to a number assigned to a vehicle by the
Texas Department of Transportation or the Texas Department of
Motor Vehicles, as applicable, and the person was:
(A) in the actual discharge of official duties as an employee or
agent of the department; or
(B) in full compliance with the rules of the department as an
applicant for an assigned number approved by the department.
(c) Property involved in a violation of this section may be
treated as stolen for purposes of custody and disposition of the
property.
(d) An offense under this section is a Class A misdemeanor.
(e) In this section, "vehicle" has the meaning given by Section
541.201, Transportation Code.
Added by Acts 1979, 66th Leg., p. 417, ch. 191, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 4525, ch. 741,
Sec. 2, eff. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 113, Sec.
1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,
eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 165, Sec. 30.239,
eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 3J.02, eff. September 1, 2009.
Sec. 31.12. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR
INFORMATION SERVICES. (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
(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:
(A) a cable, wire, or other component of or media attached to a
multichannel video or information services system; or
(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
(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.
(b) In this section:
(1) "Access device," "connection," and "device" mean an access
device, connection, or device wholly or partly designed to make
intelligible an encrypted, encoded, scrambled, or other
nonstandard signal carried by a multichannel video or information
services provider.
(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.
(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.
(c) This section does not prohibit the manufacture,
distribution, sale, or use of satellite receiving antennas that
are otherwise permitted by state or federal law.
(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
(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.
(e) For the purposes of this section, each connection,
attachment, modification, or act of tampering is a separate
offense.
Added by Acts 1995, 74th Leg., ch. 318, Sec. 10, eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 858, Sec. 1, eff.
Sept. 1, 1999.
Sec. 31.13. MANUFACTURE, DISTRIBUTION, OR ADVERTISEMENT OF
MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. (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.
(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.
(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.
(d) An offense under this section is a Class A misdemeanor.
Added by Acts 1995, 74th Leg., ch. 318, Sec. 10, eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 858, Sec. 2, eff.
Sept. 1, 1999.
Sec. 31.14. SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION
SERVICES DEVICE. (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.
(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.
(c) This section does not prohibit the sale or lease of
satellite receiving antennas that are otherwise permitted by
state or federal law without providing notice to the comptroller.
(d) An offense under this section is a Class A misdemeanor.
Added by Acts 1999, 76th Leg., ch. 858, Sec. 3, eff. Sept. 1,
1999.
Sec. 31.15. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN
INSTRUMENTS USED TO COMMIT RETAIL THEFT. (a) In this section:
(1) "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.
(2) "Shielding or deactivation instrument" means any item or
tool designed, made, or adapted for the purpose of preventing the
detection of stolen merchandise by a retail theft detector. The
term includes a metal-lined or foil-lined shopping bag and any
item used to remove a security tag affixed to retail merchandise.
(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
(2) knowingly manufactures, sells, offers for sale, or otherwise
distributes a shielding or deactivation instrument.
(c) An offense under this section is a Class A misdemeanor.
Added by Acts 2001, 77th Leg., ch. 109, Sec. 1, eff. Sept. 1,
2001.
Sec. 31.16. ORGANIZED RETAIL THEFT. (a) In this section,
"retail merchandise" means one or more items of tangible personal
property displayed, held, stored, or offered for sale in a retail
establishment.
(b) A person commits an offense if the person intentionally
conducts, promotes, or facilitates an activity in which the
person receives, possesses, conceals, stores, barters, sells, or
disposes of a total value of not less than $1,500 of:
(1) stolen retail merchandise; or
(2) merchandise explicitly represented to the person as being
stolen retail merchandise.
(c) An offense under this section is:
(1) a state jail felony if the total value of the merchandise
involved in the activity is $1,500 or more but less than $20,000;
(2) a felony of the third degree if the total value of the
merchandise involved in the activity is $20,000 or more but less
than $100,000;
(3) a felony of the second degree if the total value of the
merchandise involved in the activity is $100,000 or more but less
than $200,000; or
(4) a felony of the first degree if the total value of the
merchandise involved in the activity is $200,000 or more.
(d) An offense described for purposes of punishment by
Subsections (c)(1)-(3) is increased to the next higher category
of offense if it is shown on the trial of the offense that the
person organized, supervised, financed, or managed one or more
other persons engaged in an activity described by Subsection (b).
(e) For the purposes of punishment, an offense under this
section or an offense described by Section 31.03(e)(1) or (2) is
increased to the next highest category of offense if it is shown
at the trial of the offense that the defendant, with the intent
that a distraction from the commission of the offense be created,
intentionally, knowingly, or recklessly caused an alarm to sound
or otherwise become activated during the commission of the
offense.
Added by Acts 2007, 80th Leg., R.S., Ch.
1274, Sec. 1, eff. September 1, 2007.