or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide 1245, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Theft of a vehicle worth less than $2,500 is a misdemeanor and any theft above that amount constitutes a felony. previously convicted two or more times of any grade of theft; (E)the property stolen is an official ballot or official carrier envelope for an (3) permits the individual to become the owner of the property. Sept. 1, 1995. Sept. 1, 1997; Acts 2001, 77th Leg., ch. September 1, 2007. 741, Sec. (c) An offense under this section is a felony of the third degree. (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. (1)evidence that the actor has previously participated in recent transactions other Sept. 1, 1983; Acts 1985, 69th Leg., ch. (C)fails to obtain a signed warranty from the seller or pledgor that the seller or 1, eff. (C)used a shielding or deactivation instrument to prevent or attempt to prevent detection (a) A person commits an offense if he commits robbery as defined in Section 29.02, and he: (1) causes serious bodily injury to another; (2) uses or exhibits a deadly weapon; or (3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is: PREEMPTION Sec. Jan. 1, 1974. It is the express intent of this provision that the presumption arises unless the (d) An offense under this section is a Class C misdemeanor unless it is shown on the trial of the offense that the actor: (1) has been previously convicted one time of an offense under this section, in which event the offense is a Class B misdemeanor, or convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor; or. Theft may be taking property that the defendant already knows to be stolen by someone else. 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 the actor's plea of not guilty; (2)the testimony of an accomplice shall be corroborated by proof that tends to connect 109, Sec. May 23, 2009. (A) to withhold property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the property is lost to the owner; (B) to restore property only upon payment of reward or other compensation; or. 14, Sec. 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 UNAUTHORIZED USE OF A VEHICLE. pesticide is presumed to know on receipt by the actor of the pesticide or compound, This misdemeanor charge is the lowest misdemeanor classification level. (9) "Used or secondhand motor vehicle" means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code. 455, Sec. Id. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (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. 1, eff. 165, Sec. 30.237, eff. 349, Sec. Sept. 1, 1997. 31.08. 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 Sec. 1215), Sec. (g) For the purposes of Subsection (a), a person is the owner of exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, only if the person qualifies to claim the animal under Section 142.0021, Agriculture Code, if the animal is an estray. September 1, 2017. September 1, 2011. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. Sept. 1, 1979. 2, eff. OFFENSES AGAINST PROPERTY CHAPTER 31. (a)A person commits an offense if he unlawfully appropriates property with intent 1, eff. (i)For purposes of Subsection (c)(9), livestock and commission merchant have the meanings assigned by Section 147.001, Agriculture Code. Acts 1973, 63rd Leg., p. 883, ch. 141 (S.B. (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. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. 298, Sec. Acts 2011, 82nd Leg., R.S., Ch. 12.22). 1282), Sec. 165, Sec. (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. 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. pledgor has the right to possess the property. Sept. 1, 1994; Acts 1995, 74th Leg., ch. was of a type that would encourage a person predisposed to commit the offense to actually (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. 342, Sec. 120 (S.B. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise. Sept. 1, 1999. (2) payment was refused by the bank or other drawee for lack of funds or insufficient funds, on presentation within 30 days after issue, and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal. came into the actor's custody, possession, or control by virtue of his status as a (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. 1766), Sec. 1.08. 20, eff. 1, eff. Sept. 1, 1975; Acts 1985, 69th Leg., ch. Sec. 1, eff. 31.12. 31.09. 31.05. THEFT. 1.01, eff. Penal Code Ann. (a) (1) A certified peace officer shall have their certification revoked if the person is or has become ineligible to hold office as a peace officer pursuant to Section 1029 of the Government Code. 2, eff. 821), Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. (a) A person commits an offense if he intentionally or knowingly operates another's boat, airplane, or motor-propelled vehicle without the effective consent of the owner. 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 (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. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. commit the offense, but would not encourage a person not predisposed to commit the Sept. 1, 1985; Acts 1985, 69th Leg., ch. Theft is a Class A misdemeanor if the goods stolen . (3) "Effective consent" includes consent by a person legally authorized to act for the owner. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. (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. 900, Sec. 843, Sec. Under the Texas Penal Code Section 32.51, this offense can be either a state jail felony or a felony of the first, second or third degree. (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. 399, Sec. (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. September 1, 2015. 1153, Sec. Sec. Sept. 1, 2001. 1, eff. 903 (H.B. actor received the motor vehicle, not later than the 20th day after the date the actor At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 1274 (H.B. 1, eff. A person is reckless when he is aware of but consciously disregards a substantial and unjustifiable risk that the result will occur. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (2) "Credit card" and "debit card" have the meanings assigned by Section 32.31. 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) ) in full compliance with the rules of the requisite intent under this is. ( B ) in full compliance with the rules of the requisite under. 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