Sec. 31.18. CARGO THEFT. (2821)

(a) In this section: (2822)

(1) "Cargo" means goods, as defined by Section 7.102, Business & Commerce Code, that constitute, wholly or partly, a commercial shipment of freight moving in commerce. A shipment is considered to be moving in commerce if the shipment is located at any point between the point of origin and the final point of destination regardless of any temporary stop that is made for the purpose of transshipment or otherwise. (2823)

(2) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code. (2824)

(b) A person commits an offense if the person: (2825)

(1) knowingly or intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, abandons, or disposes of: (2826)

(A) stolen cargo; or (2827)

(B) cargo explicitly represented to the person as being stolen cargo; or (2828)

(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: (2829)

(A) fails to deliver the entire cargo to the known point of destination as contracted; or (2830)

(B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo. (2831)

(c) An offense under this section is: (2832)

(1) a state jail felony if the total value of the cargo involved in the activity is $1,500 or more but less than $10,000; (2833)

(2) a felony of the third degree if the total value of the cargo involved in the activity is $10,000 or more but less than $100,000; (2834)

(3) a felony of the second degree if the total value of the cargo involved in the activity is $100,000 or more but less than $200,000; or (2835)

(4) a felony of the first degree if the total value of the cargo involved in the activity is $200,000 or more. (2836)

(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. (2837)

(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). (2838)

(f) It is not a defense to prosecution under this section that: (2839)

(1) the offense occurred as a result of a deception or strategy on the part of a law enforcement agency, including the use of: (2840)

(A) an undercover operative or peace officer; or (2841)

(B) a bait vehicle; (2842)

(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 (2843)

(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. (2844)

Added by Acts 2015, 84th Leg., R.S., Ch. 1219 (S.B. 1828), Sec. 3, eff. September 1, 2015. (2845)

Amended by: (2846)

Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 15.001, eff. September 1, 2017. (2847)