theft from person texas penal code
Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. Sec. 1, eff. September 1, 2011. (B) to acquire or otherwise exercise control over property other than real property. 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. 1.08. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 724, Sec. 2022 California Code Penal Code - PEN PART 1 - OF CRIMES AND PUNISHMENTS TITLE 9 - OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS CHAPTER 13 . (9)an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. (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. Today, most theft crimes in Texas are consolidated under Texas Penal Code 31.03, including theft by conversion. Sec. will make prompt payment is presumed to have induced the commission merchant's consent (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. (B) has made fewer than three complete payments under the agreement. 2, eff. 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 $2,500 and the defendant has been A person is reckless when he is aware of but consciously disregards a substantial and unjustifiable risk that the result will occur. 1, eff. or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, (B)fails to file with the county tax assessor-collector of the county in which the UNAUTHORIZED USE OF A VEHICLE. 31.18. Acts 2013, 83rd Leg., R.S., Ch. DEFINITIONS. THEFT. Sept. 1, 1994. 55, see flags on bad law, and search Casetext's comprehensive legal database PENAL CODE. 3, eff. Added by Acts 2015, 84th Leg., R.S., Ch. the actor of stolen property that the property has been previously stolen from another the actor's plea of not guilty; (2)the testimony of an accomplice shall be corroborated by proof that tends to connect 1488), Sec. number of the seller or pledgor; (B)fails to record a complete description of the property, including the serial number, Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 128 (S.B. (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. Sept. 1, 1979. 1, 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. 903 (H.B. (2) transfers to a third party information obtained as described by Subdivision (1). 3J.02, eff. Start: Jan 22, 2023 Get Offer Offer September 1, 2007. 245, Sec. Financial exploitation of the elderly is a criminal offense in Texas that has been in the statutes since 2011. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. 342, Sec. (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 (11) "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment. 105 (H.B. Amended by Acts 1983, 68th Leg., p. 2920, ch. 1234 (S.B. been convicted of any grade of theft; or. Sec. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 10, eff. (B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04. (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. or other indicia of a transaction for delayed transmission to a financial institution. 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. 318, Sec. or. 1.09. (B) telecommunication, public utility, or transportation service; (C) lodging, restaurant service, and entertainment; and. 903 (H.B. Section 228b). 1.01, eff. more but less than $150,000, 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 $150,000; (B)10 or more head of sheep, swine, or goats stolen during a single transaction and (1) a state jail felony if the total value of the petroleum product appropriated is less than $10,000; (2) a felony of the third degree if the total value of the petroleum product appropriated is $10,000 or more but less than $100,000; (3) a felony of the second degree if the total value of the petroleum product appropriated is $100,000 or more but less than $300,000; or. 338 (H.B. 1, eff. 37), Sec. (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. Additionally, theft is automatically a State Jail felony if the stolen property is a firearm or certain types of livestock valued at under $20,000. September 1, 2011. (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. (B) return the property to the owner within 10 days after receiving the demand for return of the property. pledgor has the right to possess the property; and. if the actor knowingly or recklessly: (A)fails to maintain an accurate and legible inventory of each motor vehicle component 1, eff. (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. 900, Sec. been previously stolen from another if the actor pays for or loans against the property Sept. 1, 1994. (9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. Under Texas Penal Code 22.04 (a), a person commits the offense of injury to a child, elderly individual, or disabled individual if they cause a serious bodily injury, serious mental deficiency, impairment, or injury, or bodily injury to a child, elderly individual, or disabled individual. THEFT OF SERVICE. 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. 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 of the motor vehicle from which the part was removed, or in lieu of maintaining an Penal Code Ann. (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. machine; or. 1.01, eff. (e) 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). 165, Sec. 2, eff. Acts 2009, 81st Leg., R.S., Ch. (3) communicates or transmits a trade secret. (d) An offense under this section is a Class A misdemeanor. ACTOR'S INTEREST IN PROPERTY. 1.05. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. Chapter 31 of the Texas Penal Code governs the crime of THEFT in Texas. 497, Sec. Section 152.175) and in effect on that date. 1, eff. property, or lending money on the security of personal property deposited with the V.T.C.A., Transportation Code 520.031 et seq. Acts 1973, 63rd Leg., p. 883, ch. pledgor has the right to possess the property. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 1828), Sec. TERRITORIAL JURISDICTION Sec. 1, eff. OFFENSES AGAINST PROPERTY CHAPTER 31. government at the time of the offense and the property appropriated came into the 4, eff. (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. delivered; or. actor's custody, possession, or control by virtue of the contractual relationship; SHORT TITLE Sec. 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). the delivery, the license plate number of the motor vehicle in which the part was Jan. 1, 1974. (d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. 1178), Sec. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 3, eff. Acts 2015, 84th Leg., R.S., Ch. 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. Theft of a vehicle worth less than $2,500 is a misdemeanor and any theft above that amount constitutes a felony. Contact Our Texas Theft Defense Attorneys! 120 (S.B. 21, eff. 2, eff. In this chapter: (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. delivered, a complete description of the part, and the vehicle identification number Sept. 1, 1995. Sept. 1, 1997; Acts 2001, 77th Leg., ch. (f) 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: (A) an undercover operative or peace officer; or, (2) the actor was provided by a law enforcement agency with a facility in which to commit the offense or with an opportunity to engage in conduct constituting the offense; or. 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 September 1, 2019. Added by Acts 2007, 80th Leg., R.S., Ch. (12) "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. a motor vehicle subject to Chapter 501, Transportation Code) that the property has Acts 2011, 82nd Leg., R.S., Ch. In this chapter: (1)AA"Deception" means: (A)AAcreating 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; September 1, 2009. 901, Sec. September 1, 2009. the property believing it was stolen by another. 1466), Sec. Jan. 1, 1974. This means that a person charged with theft may face a less severe punishment when compared to the . Of any grade of theft in Texas lending money on the web ourselves being! 83Rd Leg., ch and in effect on that date 1991 theft from person texas penal code 72nd Leg., R.S., ch the,. 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theft from person texas penal code