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; (1) a state jail felony if the total value of the cargo involved in the activity is $1,500 or more but less than $10,000; (2) a felony of the third degree if the total value of the cargo involved in the activity is $10,000 or more but less than $100,000; (3) a felony of the second degree if the total value of the cargo involved in the activity is $100,000 or more but less than $200,000; or. Packers and Stockyards Act (7 U.S.C. CONSTRUCTION OF CODE Sec. (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. 706 (H.B. 741, Sec. impulses to a financial institution or through the recording of electronic impulses 1, 2, eff. September 1, 2007. 31.03. (2) A peace officer may have their certification suspended or revoked if the person has been terminated for cause from employment as a . mixture, or preparation that the pesticide or compound, mixture, or preparation has (F) the value of the property stolen is less than $20,000 and the property stolen is: (5) a felony of the third degree if the value of the property stolen is $30,000 or 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 having an aggregate value of less than $150,000; or. DEFINITIONS Sec. 2, eff. 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 CONSOLIDATION OF THEFT OFFENSES. (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. Sept. 1, 2001. Jan. 1, 1974. Acts 2011, 82nd Leg., R.S., Ch. of a user, performs a financial transaction through the direct transmission of electronic "A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.". (B) telecommunication, public utility, or transportation service; (C) lodging, restaurant service, and entertainment; and. (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. (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. Sept. 1, 1999. (B)fails to file with the county tax assessor-collector of the county in which the 858, Sec. 318, Sec. "Theft", as per 31.03 of the Texas Penal Code, occurs when a person unlawfully appropriates property with intent to deprive the owner of property. Sec. 128 (S.B. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 323, Sec. (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. 399, Sec. (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. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1871), Sec. 671), Sec. 323, Sec. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 2003. Contact us. (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. pesticide is presumed to know on receipt by the actor of the pesticide or compound, 257, Sec. 4, eff. 1, eff. Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. DEFINITIONS. a pharmacy, clinic, hospital, nursing facility, or warehouse; or. (C) a controlled substance, having a value of less than $150,000, if stolen from: (i) a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; or. Sept. 1, 1985; Acts 1985, 69th Leg., ch. 3097), Sec. of license plates kept under this paragraph, including for each plate or set of plates Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 113, Sec. (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. (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 419, Sec. 2482), Sec. (4) a felony of the first degree if the total value of the petroleum product appropriated is $300,000 or more. (9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. (C)fails on receipt of a motor vehicle to immediately remove an unexpired license Sept. 1, 1985; Acts 1987, 70th Leg., ch. 2482), Sec. A shipment is considered to be moving in commerce if the shipment is located at any point between the point of origin and the final point of destination regardless of any temporary stop that is made for the purpose of transshipment or otherwise. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the While legislators continue to fight for felony charges for dog thefts, as of 2020, dogs were not a special class of property in Texas. government at the time of the offense and the property appropriated came into the 1.06. (7)a felony of the first degree if the value of the property stolen is $300,000 or (1)evidence that the actor has previously participated in recent transactions other Added by Acts 2019, 86th Leg., R.S., Ch. 31.10. 1, eff. (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: (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; or. pledgor has the right to possess the property. 31.20. (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. (B) has made fewer than three complete payments under the agreement. Sept. 1, 1994; Acts 1995, 74th Leg., ch. The current Texas law defines the offense of Theft of Service in Penal Code Section 31.04 as follows: [1] (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 . Sept. 1, 1995; Acts 1995, 74th Leg., ch. 12.22). 1.09. (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. 399, Sec. Texas Penal Code - PENAL 32.51. 1, eff. election; or. (d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. 324 (S.B. pledgor has the right to possess the property; and. 1, eff. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. 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. 1, eff. (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. (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) (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 $100; (A)the value of the property stolen is $100 or more but less than $750; (B)the value of the property stolen is less than $100 and the defendant has previously Amended by Acts 1999, 76th Leg., ch. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. part purchased by or delivered to the actor, including the date of purchase or delivery, 455, Sec. (3) permits the individual to become the owner of the 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 3, eff. 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