31.20 Texas Penal Code - PENAL 31.20. 105 (H.B. 128 (S.B. was of a type that would encourage a person predisposed to commit the offense to actually Id. WebRead Section 32. (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. 3, eff. Sec. Acts 2011, 82nd Leg., R.S., Ch. 15, eff. (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. Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. Cite this article: FindLaw.com - Texas Penal Code - PENAL 31.03. 31.20. 10, eff. 257, Sec. 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, (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. 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. 31.17. 31.09. 1219 (S.B. 318, Sec. 31.03. pledgor has the right to possess the property; and. 37), Sec. if the actor knowingly or recklessly: (A)fails to maintain an accurate and legible inventory of each motor vehicle component mixture, or preparation that the pesticide or compound, mixture, or preparation has Copyright 2023, Thomson Reuters. 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 323 (H.B. Wholesale distributor of prescription drugs. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. 1, eff. Sept. 1, 2003. Pen. Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. 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.". (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. September 1, 2017. September 1, 2007. 12.22). 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. What is THEFT? came into the actor's custody, possession, or control by virtue of his status as a 3097), Sec. 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 2482), Sec. Pen. (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. Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. (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. Amended by Acts 1975, 64th Leg., p. 914, ch. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 497, Sec. 165, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. PENAL CODE TITLE 7. (2) making or causing a connection to be made with, or drilling or tapping or causing a hole to be drilled or tapped in, a pipe, pipeline, or tank used to store or transport a petroleum product. 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 2482), Sec. (3) a felony of the third degree if the mail is appropriated from 30 or more addressees. 55, see flags on bad law, and search Casetext's comprehensive legal database PENAL CODE. Acts 2009, 81st Leg., R.S., Ch. September 1, 2019. THEFT OF TRADE SECRETS. (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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (3) communicates or transmits a trade secret. (C) a document, including money, that represents or embodies anything of value. (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. 455, Sec. In the past, package theft was prosecuted under Texas Penal Code 31.03, which states that if you take property that does not belong to you, without consent or permission of the owner and without other legal justification, and have no intention of giving it back, it constitutes theft. Acts 2007, 80th Leg., R.S., Ch. or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. Theft is a Class C misdemeanor if the property stolen is worth less than $100. 1024), Sec. at 32.53 (b). 349, Sec. 1234 (S.B. (4) a felony of the first degree if the total value of the cargo involved in the activity is $200,000 or more. (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. (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. 30.238, 31.01(69), eff. 565, Sec. (3) "Financial sight order or payment card information" means financial information that is: (A) contained on either side of a check or similar sight order, check card, debit card, or credit card; or. 1.01, eff. THEFT OF SERVICE. (4) a felony of the first degree if the total value of the petroleum product appropriated is $300,000 or more. 2.136, eff. or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, 1, eff. Added by Acts 2015, 84th Leg., R.S., Ch. (4)Automated teller machine means an unstaffed electronic information processing device that, at the request (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). property is less than 10 head of sheep, swine, or goats or any part thereof under 1215), Sec. Sept. 1, 1999. (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. 5, eff. (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. Chapter 31 of the Texas Penal Code governs the crime of THEFT in Texas. $50 or more but less than $500, or $20 to less than $500 by check: A Class B misdemeanor, with a fine of up to $2,000 and up to 180 days in jail. Sec. September 1, 2011. 1, eff. CARGO THEFT. 31.04. number of the seller or pledgor; (B)fails to record a complete description of the property, including the serial number, (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. 4, eff. 1.02. TAMPERING WITH IDENTIFICATION NUMBERS. 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