September 1, 2009. (6)Wholesale distributor of prescription drugs means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch. Texas Penal Code - PENAL 32.51. Amended by Acts 1975, 64th Leg., p. 914, ch. 342, Sec. 1219 (S.B. 399, Sec. (TX Penal Code Ann 6.03(c)) Matter of Franklin , 20 I&N Dec. 867(BIA1994) No. Tex. mixture, or preparation that the pesticide or compound, mixture, or preparation has 165, Sec. (D) the supply of a motor vehicle or other property for use. September 1, 2009. 1215), Sec. Acts 2011, 82nd Leg., R.S., Ch. 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.". (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. (b) A person commits an offense if the person, knowing that the person is not entitled to obtain or possess that financial information: (1) obtains the financial sight order or payment card information of another by use of an electronic, photographic, visual imaging, recording, or other device capable of accessing, reading, recording, capturing, copying, imaging, scanning, reproducing, or storing in any manner the financial sight order or payment card information; or. Acts 1973, 63rd Leg., p. 883, ch. 2, eff. The Texas Penal Code defines theft as taking someone else's property without consent, either by deception or by physically stealing it. public servant; (2)the actor was in a contractual relationship with government at the time of the 1, eff. 1245, Sec. September 1, 2015. 1.01, eff. THEFT OF SERVICE. (e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. Sec. 1, eff. 1251 (H.B. 31.08. (d) For purposes of Subsection (c), the total value of the cargo involved in the activity includes the value of any vehicle stolen or damaged in the course of the same criminal episode as the conduct that is the subject of the prosecution. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1975; Acts 1985, 69th Leg., ch. 2, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. 1396), Sec. 9, eff. 31.01. 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. 1, 2, eff. (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. 1, eff. (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. government at the time of the offense and the property appropriated came into the will make prompt payment is presumed to have induced the commission merchant's consent 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 31.13. (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. 3097), Sec. 30.239, eff. in the federal regulations adopted under that law (40 C.F.R. 1766), Sec. stolen by another; or. Sec. 30.237, eff. Amended by Acts 1993, 73rd Leg., ch. (3) "Mail" means a letter, postal card, package, bag, or other sealed article that: (A) is delivered by a common carrier or delivery service and not yet received by the addressee; or. Chapter 32 - FRAUD Tex. 15.001, eff. actor received the motor vehicle, not later than the 20th day after the date the actor 393, Sec. 1, eff. 694), Sec. Added by Acts 2017, 85th Leg., R.S., Ch. (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. 1, eff. offense and the property appropriated came into the actor's custody, possession, or (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; September 1, 2007. 1.04. 31.20 Texas Penal Code - PENAL 31.20. (2) is employed as a driver lawfully contracted to transport a specific cargo by vehicle from a known point of origin to a known point of destination and, with the intent to conduct, promote, or facilitate an activity described by Subdivision (1), knowingly or intentionally: (A) fails to deliver the entire cargo to the known point of destination as contracted; or. 245, Sec. more. $750-$2,500: Class A misdemeanor punishable by one year of jail time and a fine of up to $4,000. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Amended by Acts 1975, 64th Leg., p. 914, ch. 31.19. Sept. 1, 1994; Acts 1995, 74th Leg., ch. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. Texas Penal Code Section 32.31 - Credit Card or Debit Card Abuse Texas Statutes Penal Code Title 7 Chapter 32 Section 32.31 Texas Penal Code Sec. 900, Sec. 1.09. the property believing it was stolen by another. Read the full Texas Code for more information. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 903 (H.B. 7.01, eff. Sept. 1, 1991; Acts 1991, 72nd 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 . 31.15. property is less than 10 head of sheep, swine, or goats or any part thereof under September 1, 2017. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (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. 479, Sec. 1, eff. 348), Sec. Amended by Acts 1983, 68th Leg., p. 4525, ch. Mail Theft 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. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. (d) Except as otherwise provided by this subsection, if written notice is given in accordance with Subsection (c), it is presumed that the notice was received not later than two days after the notice was sent. Contact Our Texas Theft Defense Attorneys! 1124 (H.B. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 741, Sec. 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 Section 32.51 Texas Penal Code Sec. 2482), Sec. September 1, 2009. Under Section 31.03, THEFT is defined as follows: THEFT occurs when a person takes control of another's property and intends to deprive the owner of their property without the owners consent. 198, Sec. - Regular Session . (B) return the property to the owner within 10 days after receiving the demand for return of the property. is: (5)a felony of the third degree if the value of the property stolen is $30,000 or (c) An offense under Subsection (b)(1) is a Class B misdemeanor. Acts 1973, 63rd Leg., p. 883, ch. SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. (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). Sec. (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. or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, 497, Sec. (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, 1995; Acts 1995, 74th Leg., ch. 113, Sec. 432, Sec. (ii)a vehicle owned or operated by a wholesale distributor of prescription drugs; (A)the value of the property stolen is $150,000 or more but less than $300,000; or, (B)the value of the property stolen is less than $300,000 and the property stolen Sec. (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 The term includes an automated banking machine. 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 PRESUMPTION FOR THEFT BY CHECK OR SIMILAR SIGHT ORDER. (4) the actor intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make full payment after receiving notice demanding payment. Acts 2011, 82nd Leg., R.S., Ch. This misdemeanor charge is the lowest misdemeanor classification level. 1, eff. 128 (S.B. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 318, Sec. 1.01. 1, eff. 976 (S.B. 2, eff. 843, Sec. 30.238, 31.01(69), eff. (2) knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument. 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 Class C misdemeanor. 1, eff. 31.07. 109, Sec. (5)Controlled substance has the meaning assigned by Section 481.002, Health and Safety Code. UNAUTHORIZED USE OF A VEHICLE. September 1, 2015. September 1, 2011. (c) An offense under this section is a Class A misdemeanor. 1, eff. Acts 2015, 84th Leg., R.S., Ch. commit the offense, but would not encourage a person not predisposed to commit the Acts 1973, 63rd Leg., p. 883, ch. 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. (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. 342, Sec. 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