20, eff. 1, eff. THEFT OF TRADE SECRETS. 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 of a user, performs a financial transaction through the direct transmission of electronic 348), Sec. If the value of the property stolen is worth $100 or more, but less than $750, it's a Class B misdemeanor. GENERAL PROVISIONS Sec. Sept. 1, 1997; Acts 2003, 78th Leg., ch. (c) If written notice is given in accordance with Subsection (b), it is presumed that the notice was received no later than five days after it was sent. Sept. 1, 2001. pesticide is presumed to know on receipt by the actor of the pesticide or compound, Sept. 1, 1983; Acts 1993, 73rd Leg., ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1.01. 887), Sec. THEFT Sec.A31.01.AADEFINITIONS. 565, Sec. Penalties for different types of theft in Texas include: Less than $50, or less than $20 by check: A Class C misdemeanor, with a fine of up to $500. 15.001, eff. Texas Penal Code TEXAS PENAL CODE TITLE 1. (2) A peace officer may have their certification suspended or revoked if the person has been terminated for cause from employment as a . 295 (H.B. 5.01(a)(45), eff. Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, ch. 260 (H.B. Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. Stay up-to-date with how the law affects your life. ACTOR'S INTEREST IN PROPERTY. (g)For the purposes of Subsection (a), a person is the owner of exotic livestock September 1, 2017. Sec. 318, Sec. 31.11. September 1, 2009. 399, Sec. 497, Sec. OFFENSES AGAINST PROPERTY CHAPTER 31. This means that a person charged with theft may face a less severe punishment when compared to the . (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. 5, eff. (d-5) For purposes of Subsection (b)(5), "business day" means a day other than Sunday or a state or federal holiday. 1.01, eff. Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. receipt, or transfer document as required by Chapter 683, Transportation Code, or 31.04. 2, eff. been previously stolen from another if the actor pays for or loans against the property (3) "Multichannel video or information services provider" means a licensed cable television system, video dialtone system, multichannel multipoint distribution services system, direct broadcast satellite system, or other system providing video or information services that are distributed by cable, wire, radio frequency, or other media. 4, eff. (B) tangible or intangible personal property including anything severed from land; or. 11, eff. When amounts are obtained in violation of this chapter pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the amounts aggregated in determining the grade of the offense. What Qualifies as Identifying Information? THEFT OF SERVICE. If found guilty of a Class C misdemeanor, the offender faces a maximum fine of $500. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (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. 32.53. (e) An offense described for purposes of punishment by Subsection (d)(1), (2), or (3) is increased to the next higher category of offense if it is shown on the trial of the offense that at the time of the offense the actor knew or had reason to believe that an addressee from whom the actor appropriated mail was a disabled individual or an elderly individual. 128 (S.B. Id. Sec. 1, eff. (B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04. TAMPERING WITH IDENTIFICATION NUMBERS. 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 1, eff. (2) committed the offense for remuneration, in which event the offense is a Class A misdemeanor, unless it is also shown on the trial of the offense that the actor has been previously convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor with a minimum fine of $2,000 and a minimum term of confinement of 180 days. 31.20 Texas Penal Code - PENAL 31.20. (4) a felony of the first degree if the total value of the cargo involved in the activity is $200,000 or more. having an aggregate value of less than $150,000; or. Sec. Added by Acts 2017, 85th Leg., R.S., Ch. 843, Sec. September 1, 2011. You be charged with identity theft for stealing any of the following information: Another person's name Fingerprints Date of birth Social Security Number 2.136, eff. stolen by another; or. Acts 2009, 81st Leg., R.S., 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. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 543, Sec. in the federal regulations adopted under that law (40 C.F.R. 1, eff. 167, Sec. Copyright 2023, Thomson Reuters. September 1, 2009. (d) An offense described for purposes of punishment by Subsections (c)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that: (1) the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b); or. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. Wholesale distributor of prescription drugs. An offense under Subsection (b)(2) is a Class A misdemeanor. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. Penal Code Ann. Section 228b). 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. (2)State-limited-use pesticide means a pesticide classified as a state-limited-use pesticide by the Department (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. 1396), Sec. 1, eff. 1, eff. September 1, 2011. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. (a) In this section, "petroleum product" means crude oil, natural gas, or condensate. 120 (S.B. of the Environmental Protection Agency under 7 U.S.C. (g) It is a defense to prosecution under this section that: (1) the defendant secured the performance of the service by giving a post-dated check or similar sight order to the person performing the service; and. 4, eff. 497, Sec. The term includes an automated banking machine. Section 228b), that obtains livestock from a commission merchant by representing that the actor 338 (H.B. (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. Acts 2009, 81st Leg., R.S., Ch. 1.07. 821), Sec. It is the express intent of this provision that the presumption arises unless the OBJECTIVES OF CODE Sec. to know on receipt by the actor of the motor vehicle that the motor vehicle has been 2, eff. (B) telecommunication, public utility, or transportation service; (C) lodging, restaurant service, and entertainment; and. 724, Sec. Chapter 31 of the Texas Penal Code governs the crime of THEFT in Texas. Sept. 1, 1985; Acts 1985, 69th Leg., ch. What is THEFT? 14, Sec. 1, eff. maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, 1396), Sec. 10, eff. - Regular Session . Texas Penal Code Section 31.04 - Theft of Service Penal Code Title 7 Chapter 31 Texas Penal Code Sec. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed (2) during the commission of the offense, a person engaged in an activity described by Subsection (b) intentionally, knowingly, or recklessly: (e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. COMPUTATION OF AGE Sec. (c) For purposes of Subsections (a)(4), (b)(2), (b)(4), and (b)(5), notice must be: (A) registered or certified mail with return receipt requested; or. (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. September 1, 2011. 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