2009 Texas Code
PENAL CODE
TITLE 7. OFFENSES AGAINST PROPERTY
CHAPTER 31. THEFT  

PENAL CODE

TITLE 7. OFFENSES AGAINST PROPERTY

CHAPTER 31. THEFT

Sec. 31.01. DEFINITIONS. In this chapter:

(1) "Deception" means:

(A) creating 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;

(B) failing to correct a false impression of law or fact that is

likely to affect the judgment of another in the transaction, that

the actor previously created or confirmed by words or conduct,

and that the actor does not now believe to be true;

(C) preventing another from acquiring information likely to

affect his judgment in the transaction;

(D) selling or otherwise transferring or encumbering property

without disclosing a lien, security interest, adverse claim, or

other legal impediment to the enjoyment of the property, whether

the lien, security interest, claim, or impediment is or is not

valid, or is or is not a matter of official record; or

(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.

(2) "Deprive" means:

(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

(C) to dispose of property in a manner that makes recovery of

the property by the owner unlikely.

(3) "Effective consent" includes consent by a person legally

authorized to act for the owner. Consent is not effective if:

(A) induced by deception or coercion;

(B) given by a person the actor knows is not legally authorized

to act for the owner;

(C) given by a person who by reason of youth, mental disease or

defect, or intoxication is known by the actor to be unable to

make reasonable property dispositions;

(D) given solely to detect the commission of an offense; or

(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.

(4) "Appropriate" means:

(A) to bring about a transfer or purported transfer of title to

or other nonpossessory interest in property, whether to the actor

or another; or

(B) to acquire or otherwise exercise control over property other

than real property.

(5) "Property" means:

(A) real property;

(B) tangible or intangible personal property including anything

severed from land; or

(C) a document, including money, that represents or embodies

anything of value.

(6) "Service" includes:

(A) labor and professional service;

(B) telecommunication, public utility, or transportation

service;

(C) lodging, restaurant service, and entertainment; and

(D) the supply of a motor vehicle or other property for use.

(7) "Steal" means to acquire property or service by theft.

(8) "Certificate of title" has the meaning assigned by Section

501.002, Transportation Code.

(9) "Used or secondhand motor vehicle" means a used motor

vehicle, as that term is defined by Section 501.002,

Transportation Code.

(10) "Elderly individual" has the meaning assigned by Section

22.04(c).

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1975, 64th Leg., p. 914, ch. 342, Sec. 9, eff.

Sept. 1, 1975; Acts 1985, 69th Leg., ch. 901, Sec. 2, eff. Sept.

1, 1985; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

1994; Acts 1997, 75th Leg., ch. 165, Sec. 30.237, eff. Sept. 1,

1997; Acts 2003, 78th Leg., ch. 432, Sec. 1, eff. Sept. 1, 2003.

Sec. 31.02. CONSOLIDATION OF THEFT OFFENSES. 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.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Sec. 31.03. THEFT. (a) A person commits an offense if he

unlawfully appropriates property with intent to deprive the owner

of 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 stolen by another; or

(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.

(c) For purposes of Subsection (b):

(1) evidence that the actor has previously participated in

recent transactions other than, but similar to, that which the

prosecution is based is admissible for the purpose of showing

knowledge or intent and the issues of knowledge or intent are

raised by the actor's plea of not guilty;

(2) the testimony of an accomplice shall be corroborated by

proof that tends to connect the actor to the crime, but the

actor's knowledge or intent may be established by the

uncorroborated testimony of the accomplice;

(3) an actor engaged in the business of buying and selling used

or secondhand personal property, or lending money on the security

of personal property deposited with the actor, is presumed to

know upon receipt by the actor of stolen property (other than a

motor vehicle subject to Chapter 501, Transportation Code) that

the property has been previously stolen from another if the actor

pays for or loans against the property $25 or more (or

consideration of equivalent value) and the actor knowingly or

recklessly:

(A) fails to record the name, address, and physical description

or identification number of the seller or pledgor;

(B) fails to record a complete description of the property,

including the serial number, if reasonably available, or other

identifying characteristics; or

(C) fails to obtain a signed warranty from the seller or pledgor

that the seller or pledgor has the right to possess the property.

It is the express intent of this provision that the presumption

arises unless the actor complies with each of the numbered

requirements;

(4) for the purposes of Subdivision (3)(A), "identification

number" means driver's license number, military identification

number, identification certificate, or other official number

capable of identifying an individual;

(5) stolen property does not lose its character as stolen when

recovered by any law enforcement agency;

(6) an actor engaged in the business of obtaining abandoned or

wrecked motor vehicles or parts of an abandoned or wrecked motor

vehicle for resale, disposal, scrap, repair, rebuilding,

demolition, or other form of salvage is presumed to know on

receipt by the actor of stolen property that the property has

been previously stolen from another if the actor knowingly or

recklessly:

(A) fails to maintain an accurate and legible inventory of each

motor vehicle component part purchased by or delivered to the

actor, including the date of purchase or delivery, the name, age,

address, sex, and driver's license number of the seller or person

making the delivery, the license plate number of the motor

vehicle in which the part was delivered, a complete description

of the part, and the vehicle identification number of the motor

vehicle from which the part was removed, or in lieu of

maintaining an inventory, fails to record the name and

certificate of inventory number of the person 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 receipt, or transfer document as required by

Chapter 683, Transportation Code, or a certificate of title

showing that the motor vehicle is not subject to a lien or that

all recorded liens on the motor vehicle have been released; or

(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

(B) fails to file with the county tax assessor-collector of the

county in which the actor received the motor vehicle, not later

than the 20th day after the date the actor received the motor

vehicle, the registration license receipt and certificate of

title or evidence of title delivered to the actor in accordance

with Subchapter D, Chapter 520, Transportation Code, at the time

the motor vehicle was delivered;

(8) an actor who purchases or receives from any source other

than a licensed retailer or distributor of pesticides a

restricted-use pesticide or a state-limited-use pesticide or a

compound, mixture, or preparation containing a restricted-use or

state-limited-use pesticide is presumed to know on receipt by the

actor of the pesticide or compound, mixture, or preparation that

the pesticide or compound, mixture, or preparation has 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 compound, mixture, or preparation purchased

or received; and

(C) fails to obtain a signed warranty from the seller or pledgor

that the seller or pledgor has the right to possess the property;

and

(9) an actor who is subject to Section 409, Packers and

Stockyards Act (7 U.S.C. 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. Section 228b).

(d) 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 an

undercover operative or peace officer;

(2) the actor was provided by a law enforcement agency with a

facility in which to commit the offense or an opportunity to

engage in conduct constituting the offense; or

(3) the actor was solicited to commit the offense by a peace

officer, and the solicitation was of a type that would encourage

a person predisposed to commit the offense to actually commit the

offense, but would not encourage a person not predisposed to

commit the offense to actually commit the offense.

(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:

(A) $50; or

(B) $20 and the defendant obtained the property by issuing or

passing a check or similar sight order in a manner described by

Section 31.06;

(2) a Class B misdemeanor if:

(A) the value of the property stolen is:

(i) $50 or more but less than $500; or

(ii) $20 or more but less than $500 and the defendant obtained

the property by issuing or passing a check or similar sight order

in a manner described by Section 31.06;

(B) the value of the property stolen is less than:

(i) $50 and the defendant has previously been convicted of any

grade of theft; or

(ii) $20, the defendant has previously been convicted of any

grade of theft, and the defendant obtained the property by

issuing or passing a check or similar sight order in a manner

described by Section 31.06; or

(C) the property stolen is a driver's license, commercial

driver's license, or personal identification certificate issued

by this state or another state;

(3) a Class A misdemeanor if the value of the property stolen is

$500 or more but less than $1,500;

(4) a state jail felony if:

(A) the value of the property stolen is $1,500 or more but less

than $20,000, or the property is less than 10 head of sheep,

swine, or goats or any part thereof under the value of $20,000;

(B) regardless of value, the property is stolen from the person

of another or from 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 $1,500 and the

defendant has been 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 election; or

(F) the value of the property stolen is less than $20,000 and

the property stolen is insulated or noninsulated tubing, rods,

water gate stems, wire, or cable that consists of at least 50

percent:

(i) aluminum;

(ii) bronze; or

(iii) copper;

(5) a felony of the third degree if the value of the property

stolen is $20,000 or more but less than $100,000, 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

$100,000; or

(B) 10 or more head of sheep, swine, or goats stolen during a

single transaction and having an aggregate value of less than

$100,000;

(6) a felony of the second degree if the value of the property

stolen is $100,000 or more but less than $200,000; or

(7) a felony of the first degree if the value of the property

stolen is $200,000 or more.

(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:

(A) an elderly individual; or

(B) a nonprofit organization; or

(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.

(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.

(h) In this section:

(1) "Restricted-use pesticide" means a pesticide classified as a

restricted-use pesticide by the administrator of the

Environmental Protection Agency under 7 U.S.C. Section 136a, as

that law existed on January 1, 1995, and containing an active

ingredient listed in the federal regulations adopted under that

law (40 C.F.R. Section 152.175) and in effect on that date.

(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.

(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.

(i) For purposes of Subsection (c)(9), "livestock" and

"commission merchant" have the meanings assigned by Section

147.001, Agriculture Code.

(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 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1975, 64th Leg., p. 914, ch. 342, Sec. 10, eff.

Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. 349, Sec. 1,

eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, ch. 298, Sec.

1, eff. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, ch. 455,

Sec. 1, eff. June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch.

497, Sec. 3, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244,

ch. 558, Sec. 11, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p.

4523, ch. 741, Sec. 1, eff. Sept. 1, 1983; Acts 1985, 69th Leg.,

ch. 599, Sec. 1, eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch.

901, Sec. 1, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 167,

Sec. 5.01(a)(45), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch.

245, Sec. 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 724,

Sec. 2, 3, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 14, Sec.

284(80), eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 565, Sec.

1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 203, Sec. 4, 5,

eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,

eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 9, eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 734, Sec. 1, eff. Sept.

1, 1995; Acts 1995, 74th Leg., ch. 843, Sec. 1, eff. Sept. 1,

1995; Acts 1997, 75th Leg., ch. 165, Sec. 30.238, 31.01(69), eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1153, Sec. 7.01, eff.

Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1276, Sec. 1, eff. Sept.

1, 2001; Acts 2003, 78th Leg., ch. 198, Sec. 2.136, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 257, Sec. 13, eff. Sept. 1, 2003;

Acts 2003, 78th Leg., ch. 393, Sec. 20, eff. Sept. 1, 2003; Acts

2003, 78th Leg., ch. 432, Sec. 2, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

304, Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

70, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

105, Sec. 1, eff. May 23, 2009.

Acts 2009, 81st Leg., R.S., Ch.

139, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

295, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

903, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

903, Sec. 2, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 3J.01, eff. September 1, 2009.

Sec. 31.04. THEFT OF SERVICE. (a) A person commits theft of

service if, with intent to avoid payment for service that he

knows is provided only for compensation:

(1) he 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 he is not entitled, he intentionally or knowingly

diverts the other's services to his own benefit or to the benefit

of another not entitled to them;

(3) having control of personal property under a written rental

agreement, he 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

(4) he intentionally or knowingly secures the performance of the

service by agreeing to provide compensation and, after the

service is rendered, fails to make payment after receiving notice

demanding payment.

(b) For purposes of this section, intent to avoid payment is

presumed if:

(1) the actor absconded without paying for the service or

expressly refused to pay for the service in circumstances where

payment is ordinarily made immediately upon rendering of the

service, as in hotels, campgrounds, recreational vehicle parks,

restaurants, and comparable establishments;

(2) the actor failed to make payment under a service agreement

within 10 days after receiving notice demanding payment;

(3) the actor returns property held under a rental agreement

after the expiration of the rental agreement and fails to pay the

applicable rental charge for the property within 10 days after

the date on which the actor received notice demanding payment; or

(4) the actor failed to return the property held under a rental

agreement:

(A) within five days after receiving notice demanding return, if

the property is valued at less than $1,500; or

(B) within three days after receiving notice demanding return,

if the property is valued at $1,500 or more.

(c) For purposes of Subsections (a)(4), (b)(2), and (b)(4),

notice shall be notice in writing, sent by registered or

certified mail with return receipt requested or by telegram with

report of delivery requested, and addressed to the actor at his

address shown on the rental agreement or service agreement.

(d) If written notice is given in accordance with Subsection

(c), it is presumed that the notice was received no later than

five days after it was sent.

(e) An offense under this section is:

(1) a Class C misdemeanor if the value of the service stolen is

less than $20;

(2) a Class B misdemeanor if the value of the service stolen is

$20 or more but less than $500;

(3) a Class A misdemeanor if the value of the service stolen is

$500 or more but less than $1,500;

(4) a state jail felony if the value of the service stolen is

$1,500 or more but less than $20,000;

(5) a felony of the third degree if the value of the service

stolen is $20,000 or more but less than $100,000;

(6) a felony of the second degree if the value of the service

stolen is $100,000 or more but less than $200,000; or

(7) a felony of the first degree if the value of the service

stolen is $200,000 or more.

(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.

(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

(2) the person performing the service or any other person

presented the check or sight order for payment before the date on

the check or sight order.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1977, 65th Leg., p. 1138, ch. 429, Sec. 1, eff.

Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, ch. 497, Sec. 4,

eff. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 565, Sec. 15, eff.

Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.

Sept. 1, 1994; Acts 1995, 74th Leg., ch. 479, Sec. 1, eff. Aug.

28, 1995; Acts 1999, 76th Leg., ch. 843, Sec. 1, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 1245, Sec. 1, 2, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 419, Sec. 1, eff. Sept. 1, 2003.

Sec. 31.05. THEFT OF TRADE SECRETS. (a) For purposes of this

section:

(1) "Article" means any object, material, device, or substance

or any copy thereof, including a writing, recording, drawing,

sample, specimen, prototype, model, photograph, microorganism,

blueprint, or map.

(2) "Copy" means a facsimile, replica, photograph, or other

reproduction of an article or a note, drawing, or sketch made of

or from an article.

(3) "Representing" means describing, depicting, containing,

constituting, reflecting, or recording.

(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.

(b) A person commits an offense if, without the owner's

effective consent, he knowingly:

(1) steals a trade secret;

(2) makes a copy of an article representing a trade secret; or

(3) communicates or transmits a trade secret.

(c) An offense under this section is a felony of the third

degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Sec. 31.06. PRESUMPTION FOR THEFT BY CHECK. (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 his 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 to avoid payment for service under Section 31.04 (Theft

of Service) (except in the case of a postdated check or order)

if:

(1) he had no account with the bank or other drawee at the time

he issued the check or order; or

(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.

(b) For purposes of Subsection (a)(2) or (f)(3), notice may be

actual notice or notice in writing that:

(1) is sent by:

(A) first class mail, evidenced by an affidavit of service; or

(B) registered or certified mail with return receipt requested;

(2) is addressed to the issuer at the issuer's address shown on:

(A) the check or order;

(B) the records of the bank or other drawee; or

(C) the records of the person to whom the check or order has

been issued or passed; and

(3) contains the following statement:

"This is a demand for payment in full for a check or order not

paid because of a lack of funds or insufficient funds. 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."

(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.

(d) Nothing in this section prevents the prosecution from

establishing the requisite intent by direct evidence.

(e) Partial restitution does not preclude the presumption of the

requisite intent under this section.

(f) If the actor obtained property by issuing or passing a check

or similar sight order for the payment of money, the actor's

intent to deprive the owner of the property under Section 31.03

(Theft) is presumed, except in the case of a postdated check or

order, if:

(1) the actor ordered the bank or other drawee to stop payment

on the check or order;

(2) the bank or drawee refused payment to the holder on

presentation of the check or order within 30 days after issue;

(3) the owner gave the actor notice of the refusal of payment

and made a demand to the actor for payment or return of the

property; and

(4) the actor failed to:

(A) pay the holder within 10 days after receiving the demand for

payment; or

(B) return the property to the owner within 10 days after

receiving the demand for return of the property.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1991, 72nd Leg., ch. 543, Sec. 2, eff. Sept. 1,

1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

1994; Acts 1995, 74th Leg., ch. 753, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

976, Sec. 1, eff. September 1, 2007.

Sec. 31.07. UNAUTHORIZED USE OF A VEHICLE. (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.

(b) An offense under this section is a state jail felony.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Sec. 31.08. VALUE. (a) Subject to the additional criteria of

Subsections (b) and (c), value under this chapter is:

(1) the fair market value of the property or service at the time

and place of the offense; or

(2) if the fair market value of the property cannot be

ascertained, the cost of replacing the property within a

reasonable time after the theft.

(b) The value of documents, other than those having a readily

ascertainable market value, is:

(1) the amount due and collectible at maturity less that part

which has been satisfied, if the document constitutes evidence of

a debt; or

(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.

(c) If property or service has value that cannot be reasonably

ascertained by the criteria set forth in Subsections (a) and (b),

the property or service is deemed to have a value of $500 or more

but less than $1,500.

(d) If the actor proves by a preponderance of the evidence that

he gave consideration for or had a legal interest in the property

or service stolen, the amount of the consideration or the value

of the interest so proven shall be deducted from the value of the

property or service ascertained under Subsection (a), (b), or (c)

to determine value for purposes of this chapter.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1983, 68th Leg., p. 2920, ch. 497, Sec. 5, eff.

Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.

Sept. 1, 1994.

Sec. 31.09. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. 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.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Sec. 31.10. ACTOR'S INTEREST IN PROPERTY. It is no defense to

prosecution under this chapter that the actor has an interest in

the property or service stolen if another person has the right of

exclusive possession of the property.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Sec. 31.11. TAMPERING WITH IDENTIFICATION NUMBERS. (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

(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

(B) a reasonable person in the position of the actor would have

known that the serial number or other permanent identification

marking has been removed, altered, or obliterated.

(b) It is an affirmative defense to prosecution under this

section that the person was:

(1) the owner or acting with the effective consent of the owner

of the property involved;

(2) a peace officer acting in the actual discharge of official

duties; or

(3) acting with respect to a number assigned to a vehicle by the

Texas Department of Transportation or the Texas Department of

Motor Vehicles, as applicable, and the person was:

(A) in the actual discharge of official duties as an employee or

agent of the department; or

(B) in full compliance with the rules of the department as an

applicant for an assigned number approved by the department.

(c) Property involved in a violation of this section may be

treated as stolen for purposes of custody and disposition of the

property.

(d) An offense under this section is a Class A misdemeanor.

(e) In this section, "vehicle" has the meaning given by Section

541.201, Transportation Code.

Added by Acts 1979, 66th Leg., p. 417, ch. 191, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 4525, ch. 741,

Sec. 2, eff. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 113, Sec.

1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,

eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 165, Sec. 30.239,

eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 3J.02, eff. September 1, 2009.

Sec. 31.12. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR

INFORMATION SERVICES. (a) A person commits an offense if,

without the authorization of the multichannel video or

information services provider, the person intentionally or

knowingly:

(1) makes or maintains a connection, whether physically,

electrically, electronically, or inductively, to:

(A) a cable, wire, or other component of or media attached to a

multichannel video or information services system; or

(B) a television set, videotape recorder, or other receiver

attached to a multichannel video or information system;

(2) attaches, causes to be attached, or maintains the attachment

of a device to:

(A) a cable, wire, or other component of or media attached to a

multichannel video or information services system; or

(B) a television set, videotape recorder, or other receiver

attached to a multichannel video or information services system;

(3) tampers with, modifies, or maintains a modification to a

device installed by a multichannel video or information services

provider; or

(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.

(b) In this section:

(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.

(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.

(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.

(c) This section does not prohibit the manufacture,

distribution, sale, or use of satellite receiving antennas that

are otherwise permitted by state or federal law.

(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

(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.

(e) For the purposes of this section, each connection,

attachment, modification, or act of tampering is a separate

offense.

Added by Acts 1995, 74th Leg., ch. 318, Sec. 10, eff. Sept. 1,

1995. Amended by Acts 1999, 76th Leg., ch. 858, Sec. 1, eff.

Sept. 1, 1999.

Sec. 31.13. MANUFACTURE, DISTRIBUTION, OR ADVERTISEMENT OF

MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. (a) A person

commits an offense if the person for remuneration intentionally

or knowingly manufactures, assembles, modifies, imports into the

state, exports out of the state, distributes, advertises, or

offers for sale, with an intent to aid in the commission of an

offense under Section 31.12, a device, a kit or part for a

device, or a plan for a system of components wholly or partly

designed to make intelligible an encrypted, encoded, scrambled,

or other nonstandard signal carried or caused by a multichannel

video or information services provider.

(b) In this section, "device," "encrypted, encoded, scrambled,

or other nonstandard signal," and "multichannel video or

information services provider" have the meanings assigned by

Section 31.12.

(c) This section does not prohibit the manufacture,

distribution, advertisement, offer for sale, or use of satellite

receiving antennas that are otherwise permitted by state or

federal law.

(d) An offense under this section is a Class A misdemeanor.

Added by Acts 1995, 74th Leg., ch. 318, Sec. 10, eff. Sept. 1,

1995. Amended by Acts 1999, 76th Leg., ch. 858, Sec. 2, eff.

Sept. 1, 1999.

Sec. 31.14. SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION

SERVICES DEVICE. (a) A person commits an offense if the person

intentionally or knowingly sells or leases, with an intent to aid

in the commission of an offense under Section 31.12, a device, a

kit or part for a device, or a plan for a system of components

wholly or partly designed to make intelligible an encrypted,

encoded, scrambled, or other nonstandard signal carried or caused

by a multichannel video or information services provider.

(b) In this section, "device," "encrypted, encoded, scrambled,

or other nonstandard signal," and "multichannel video or

information services provider" have the meanings assigned by

Section 31.12.

(c) This section does not prohibit the sale or lease of

satellite receiving antennas that are otherwise permitted by

state or federal law without providing notice to the comptroller.

(d) An offense under this section is a Class A misdemeanor.

Added by Acts 1999, 76th Leg., ch. 858, Sec. 3, eff. Sept. 1,

1999.

Sec. 31.15. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN

INSTRUMENTS USED TO COMMIT RETAIL THEFT. (a) In this section:

(1) "Retail theft detector" means an electrical, mechanical,

electronic, or magnetic device used to prevent or detect

shoplifting and includes any article or component part essential

to the proper operation of the device.

(2) "Shielding or deactivation instrument" means any item or

tool designed, made, or adapted for the purpose of preventing the

detection of stolen merchandise by a retail theft detector. The

term includes a metal-lined or foil-lined shopping bag and any

item used to remove a security tag affixed to retail merchandise.

(b) A person commits an offense if, with the intent to use the

instrument to commit theft, the person:

(1) possesses a shielding or deactivation instrument; or

(2) knowingly manufactures, sells, offers for sale, or otherwise

distributes a shielding or deactivation instrument.

(c) An offense under this section is a Class A misdemeanor.

Added by Acts 2001, 77th Leg., ch. 109, Sec. 1, eff. Sept. 1,

2001.

Sec. 31.16. ORGANIZED RETAIL THEFT. (a) In this section,

"retail merchandise" means one or more items of tangible personal

property displayed, held, stored, or offered for sale in a retail

establishment.

(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 a total value of not less than $1,500 of:

(1) stolen retail merchandise; or

(2) merchandise explicitly represented to the person as being

stolen retail merchandise.

(c) An offense under this section is:

(1) a state jail felony if the total value of the merchandise

involved in the activity is $1,500 or more but less than $20,000;

(2) a felony of the third degree if the total value of the

merchandise involved in the activity is $20,000 or more but less

than $100,000;

(3) a felony of the second degree if the total value of the

merchandise involved in the activity is $100,000 or more but less

than $200,000; or

(4) a felony of the first degree if the total value of the

merchandise involved in the activity is $200,000 or more.

(d) 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).

(e) For the purposes of punishment, an offense under this

section or an offense described by Section 31.03(e)(1) or (2) is

increased to the next highest category of offense if it is shown

at the trial of the offense that the defendant, with the intent

that a distraction from the commission of the offense be created,

intentionally, knowingly, or recklessly caused an alarm to sound

or otherwise become activated during the commission of the

offense.

Added by Acts 2007, 80th Leg., R.S., Ch.

1274, Sec. 1, eff. September 1, 2007.

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