theft from person texas penal code

(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. You don't have to keep the property for it to be considered theft, but only long enough to deprive the owner of its value. (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 from sounding; or. (a) If the actor obtained property or secured performance of service by issuing or passing a check or similar sight order for the payment of money, when the issuer did not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders then outstanding, it is prima facie evidence of the issuer's intent to deprive the owner of property under Section 31.03 (Theft) including a drawee or third-party holder in due course who negotiated the check or order or to avoid payment for service under Section 31.04 (Theft of Service) (except in the case of a postdated check or order) if: (1) the issuer had no account with the bank or other drawee at the time the issuer issued the check or sight order; or. Sec. (3) permits the individual to become the owner of the property. September 1, 2007. - Regular Session . What Qualifies as Identifying Information? 1274 (H.B. Acts 2011, 82nd Leg., R.S., Ch. (d-5) For purposes of Subsection (b)(5), "business day" means a day other than Sunday or a state or federal holiday. actor received the motor vehicle, not later than the 20th day after the date the actor 46 (S.B. (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. 455, Sec. Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. Section 152.175) and in effect on that date. (E) promising performance that is likely to affect the judgment of another in the transaction and that the actor does not intend to perform or knows will not be performed, except that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed. Jan. 1, 1974. (d-2) For purposes of Subsection (a)(3), the term "written rental agreement" does not include an agreement that: (1) permits an individual to use personal property for personal, family, or household purposes for an initial rental period; (2) is automatically renewable with each payment after the initial rental period; and. 2, eff. Sec. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the Acts 2011, 82nd Leg., R.S., Ch. 32.51 Fraudulent Use or Possession of Identifying Information (a) In this section: (1) "Identifying information" means information that alone or in conjunction with other information identifies a person, including a person's: (A) name and date of birth; (B) THEFT OF TRADE SECRETS. of the offense by a retail theft detector. (3) "Effective consent" includes consent by a person legally authorized to act for the owner. 1, eff. mixture, or preparation that the pesticide or compound, mixture, or preparation has 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 (i)For purposes of Subsection (c)(9), livestock and commission merchant have the meanings assigned by Section 147.001, Agriculture Code. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Appropriation of property is unlawful if: it is without the owner's effective consent; the property is stolen and the actor appropriates the property knowing it was stolen by another; or Acts 2013, 83rd Leg., R.S., Ch. 31.04. 128 (S.B. (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 Acts 2011, 82nd Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. 10, eff. 3, eff. A person is reckless when he is aware of but consciously disregards a substantial and unjustifiable risk that the result will occur. (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. (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. 14, Sec. 900, 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. pledgor has the right to possess the property. (j) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the state Medicaid program. Acts 2009, 81st Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 2.136, eff. 843, Sec. This misdemeanor charge is the lowest misdemeanor classification level. of the motor vehicle from which the part was removed, or in lieu of maintaining an 31.20. 565, Sec. 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. Added by Acts 2007, 80th Leg., R.S., Ch. or other official number capable of identifying an individual; (5)stolen property does not lose its character as stolen when recovered by any law 429, Sec. Example: Joe owns a pawn shop. Class B misdemeanor for theft of property from $100 . 318, Sec. 70 (H.B. Pen. Sec. (2) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code. 1, eff. 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 Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. 31.12. or a compound, mixture, or preparation containing a restricted-use or state-limited-use (B)fails to file with the county tax assessor-collector of the county in which the Acts 2017, 85th Leg., R.S., Ch. THEFT OF PETROLEUM PRODUCT. Theft of Service Universal Citation: TX Penal Code 31.04 (2021) Sec. or other indicia of a transaction for delayed transmission to a financial institution. The punishment for a class A misdemeanor can include a fine of no more than $4,000, imprisonment for no more than one year, or both. Wholesale distributor of prescription drugs. 393, Sec. Stay up-to-date with how the law affects your life. 399, Sec. or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide a certificate of title showing that the motor vehicle is not subject to a lien or 31.03. Sept. 1, 1997; Acts 2001, 77th Leg., ch. the property believing it was stolen by another. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (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. 1.08. 1, eff. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (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. 4, eff. Acts 2011, 82nd Leg., R.S., Ch. 1.01. 858, Sec. 2, eff. 1, eff. (9)an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. (f) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. Acts 2011, 82nd Leg., R.S., Ch. (2) "State-limited-use pesticide" means a pesticide classified as a state-limited-use pesticide by the Department of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient listed in the rules adopted under that section (4 TAC Section 7.24) as that section existed on that date. 901, Sec. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 3097), Sec. 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) Sept. 1, 1995; Acts 1995, 74th Leg., ch. 11, eff. Sec. 1871), Sec. Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, ch. 31.15. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 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 295 (H.B. listed in the rules adopted under that section (4 TAC Section 7.24) as that section existed on that date. (1) a Class C misdemeanor if the value of the service stolen is less than $100; (2) a Class B misdemeanor if the value of the service stolen is $100 or more but less than $750; (3) a Class A misdemeanor if the value of the service stolen is $750 or more but less than $2,500; 30.02 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 intent to commit a felony, theft, or an assault; or (2). (B) to acquire or otherwise exercise control over property other than real property. 1.01, eff. 20, eff. Appropriate charges based on property value according to Texas Penal Code 31 include: Class C misdemeanor for theft of property up to $100 in value: $500 fine. an offense under this section that involves the state Medicaid program. $100-$750: Class B misdemeanor punishable by 180 days in jail and a fine up to $2,000. Contact us. compound, mixture, or preparation purchased or received; and, (C)fails to obtain a signed warranty from the seller or pledgor that the seller or Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. Sept. 1, 1979. 5, eff. (b) A person commits an offense if the person intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, or disposes of: (2) merchandise explicitly represented to the person as being stolen retail merchandise. 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