Amended by Acts 1999, 76th Leg., ch. 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 . 165, Sec. (c) For purposes of Subsections (a)(4), (b)(2), (b)(4), and (b)(5), notice must be: (A) registered or certified mail with return receipt requested; or. (b) An offense under this section is a state jail felony. 900, Sec. 1396), Sec. 858, Sec. September 1, 2013. (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. 2, eff. 342, Sec. that: (1)the actor was a public servant at the time of the offense and the property appropriated 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. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the Current as of April 14, 2021 | Updated by FindLaw Staff. 245, Sec. 1, eff. (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. 120 (S.B. THEFT OF TRADE SECRETS. 2, eff. (2) "Credit card" and "debit card" have the meanings assigned by Section 32.31. 900, Sec. 1, eff. Added by Acts 2011, 82nd Leg., R.S., Ch. by any law enforcement agent to the actor as being stolen and the actor appropriates (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. Added by Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 2003. Theft - last updated April 14, 2021 1766), Sec. 2524), Sec. September 1, 2009. (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. 399, Sec. 4, 5, eff. September 1, 2017. TAMPERING WITH IDENTIFICATION NUMBERS. actor received the motor vehicle, not later than the 20th day after the date the actor 31.10. THEFT OF SERVICE. (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) 1, eff. (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. the delivery, the license plate number of the motor vehicle in which the part was 2, eff. 5.01(a)(45), eff. 31.07. 1, eff. 31.05. (5)during the commission of the offense, the actor intentionally, knowingly, or recklessly: (A)caused a fire exit alarm to sound or otherwise become activated; (B)deactivated or otherwise prevented a fire exit alarm or retail theft detector (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04. 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 Pen. The statute defines theft as unlawfully appropriating property with the intent to deprive the owner of the property. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. Section 32.51 Texas Penal Code Sec. 1.01, eff. 10, eff. (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. Acts 2015, 84th Leg., R.S., Ch. 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. (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. Sept. 1, 1994; Acts 1997, 75th Leg., ch. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. impulses to a financial institution or through the recording of electronic impulses September 1, 2007. Class C misdemeanor. Sept. 1, 1994; Acts 1997, 75th Leg., ch. inventory, fails to record the name and certificate of inventory number of the person September 1, 2011. THEFT OF PETROLEUM PRODUCT. (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. 1 enforcement agency; (6)an actor engaged in the business of obtaining abandoned or wrecked motor vehicles Acts 2017, 85th Leg., R.S., Ch. (7)a felony of the first degree if the value of the property stolen is $300,000 or executed certificate of title to the motor vehicle at the time the motor vehicle was a pharmacy, clinic, hospital, nursing facility, or warehouse; or. 46 (S.B. Sec. Sept. 1, 1975; Acts 1985, 69th Leg., ch. 109, Sec. 324 (S.B. 3, eff. 31.04 Theft of Service (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) Jan. 1, 1974. (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. September 1, 2019. (a) In this section, "petroleum product" means crude oil, natural gas, or condensate. (B) tangible or intangible personal property including anything severed from land; or. 821), Sec. 1, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. $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 Theft of a vehicle worth less than $2,500 is a misdemeanor and any theft above that amount constitutes a felony. An offense under Subsection (b)(2) is a Class A misdemeanor. (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. (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. 14, 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. (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 been previously stolen from another if the actor pays for or loans against the property 1, eff. (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. 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