Texas Laws - Penal Code
PENAL CODE
TITLE 7. OFFENSES AGAINST PROPERTY

TITLE 7. OFFENSES AGAINST PROPERTY (2073)(1-click HTML)

CHAPTER 28. ARSON, CRIMINAL MISCHIEF, AND OTHER PROPERTY DAMAGE OR DESTRUCTION (2074)(1-click HTML)

Sec. 28.01. DEFINITIONS. (2075)(1-click HTML)

In this chapter: (2076)

(1) "Habitation" means a structure or vehicle that is adapted for the overnight accommodation of persons and includes: (2077)

(A) each separately secured or occupied portion of the structure or vehicle; and (2078)

(B) each structure appurtenant to or connected with the structure or vehicle. (2079)

(2) "Building" means any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use. (2080)

(3) "Property" means: (2081)

(A) real property; (2082)

(B) tangible or intangible personal property, including anything severed from land; or (2083)

(C) a document, including money, that represents or embodies anything of value. (2084)

(4) "Vehicle" includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation. (2085)

(5) "Open-space land" means real property that is undeveloped for the purpose of human habitation. (2086)

(6) "Controlled burning" means the burning of unwanted vegetation with the consent of the owner of the property on which the vegetation is located and in such a manner that the fire is controlled and limited to a designated area. (2087)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1216, ch. 588, Sec. 1, eff. Sept. 1, 1979; Acts 1989, 71st Leg., ch. 31, Sec. 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (2088)

Sec. 28.02. ARSON. (2089)(1-click HTML)

(a) A person commits an offense if the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage: (2090)

(1) any vegetation, fence, or structure on open-space land; or (2091)

(2) any building, habitation, or vehicle: (2092)

(A) knowing that it is within the limits of an incorporated city or town; (2093)

(B) knowing that it is insured against damage or destruction; (2094)

(C) knowing that it is subject to a mortgage or other security interest; (2095)

(D) knowing that it is located on property belonging to another; (2096)

(E) knowing that it has located within it property belonging to another; or (2097)

(F) when the person is reckless about whether the burning or explosion will endanger the life of some individual or the safety of the property of another. (2098)

(a-1) A person commits an offense if the person recklessly starts a fire or causes an explosion while manufacturing or attempting to manufacture a controlled substance and the fire or explosion damages any building, habitation, or vehicle. (2099)

(a-2) A person commits an offense if the person intentionally starts a fire or causes an explosion and in so doing: (2100)

(1) recklessly damages or destroys a building belonging to another; or (2101)

(2) recklessly causes another person to suffer bodily injury or death. (2102)

(b) It is an exception to the application of Subsection (a)(1) that the fire or explosion was a part of the controlled burning of open-space land. (2103)

(c) It is a defense to prosecution under Subsection (a)(2)(A) that prior to starting the fire or causing the explosion, the actor obtained a permit or other written authorization granted in accordance with a city ordinance, if any, regulating fires and explosions. (2104)

(d) An offense under Subsection (a) is a felony of the second degree, except that the offense is a felony of the first degree if it is shown on the trial of the offense that: (2105)

(1) bodily injury or death was suffered by any person by reason of the commission of the offense; or (2106)

(2) the property intended to be damaged or destroyed by the actor was a habitation or a place of assembly or worship. (2107)

(e) An offense under Subsection (a-1) is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that bodily injury or death was suffered by any person by reason of the commission of the offense. (2108)

(f) An offense under Subsection (a-2) is a state jail felony. (2109)

(g) If conduct that constitutes an offense under Subsection (a-1) or that constitutes an offense under Subsection (a-2) also constitutes an offense under another subsection of this section or another section of this code, the actor may be prosecuted under Subsection (a-1) or Subsection (a-2), under the other subsection of this section, or under the other section of this code. (2110)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1216, ch. 588, Sec. 2, eff. Sept. 1, 1979; Acts 1981, 67th Leg., p. 1837, ch. 425, Sec. 1, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 31, Sec. 2, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1006, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 976, Sec. 1, eff. Sept. 1, 2001. (2111)

Amended by: (2112)

Acts 2005, 79th Leg., Ch. 960 (H.B. 1634), Sec. 1, eff. September 1, 2005. (2113)

Acts 2009, 81st Leg., R.S., Ch. 1168 (H.B. 3224), Sec. 1, eff. September 1, 2009. (2114)

Sec. 28.03. CRIMINAL MISCHIEF. (2115)(1-click HTML)

(a) A person commits an offense if, without the effective consent of the owner: (2116)

(1) he intentionally or knowingly damages or destroys the tangible property of the owner; (2117)

(2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or (2118)

(3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner. (2119)

(b) Except as provided by Subsections (f) and (h), an offense under this section is: (2120)

(1) a Class C misdemeanor if: (2121)

(A) the amount of pecuniary loss is less than $100; or (2122)

(B) except as provided in Subdivision (3)(A) or (3)(B), it causes substantial inconvenience to others; (2123)

(2) a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750; (2124)

(3) a Class A misdemeanor if: (2125)

(A) the amount of pecuniary loss is $750 or more but less than $2,500; or (2126)

(B) the actor causes in whole or in part impairment or interruption of any public water supply, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public water supply, regardless of the amount of the pecuniary loss; (2127)

(4) a state jail felony if the amount of pecuniary loss is: (2128)

(A) $2,500 or more but less than $30,000; (2129)

(B) less than $2,500, if the property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm or explosive weapon; (2130)

(C) less than $2,500, if the property was a fence used for the production or containment of: (2131)

(i) cattle, bison, horses, sheep, swine, goats, exotic livestock, or exotic poultry; or (2132)

(ii) game animals as that term is defined by Section 63.001, Parks and Wildlife Code; or (2133)

(D) less than $30,000 and the actor: (2134)

(i) causes wholly or partly impairment or interruption of property used for flood control purposes or a dam or of public communications, public transportation, public gas or power supply, or other public service; or (2135)

(ii) causes to be diverted wholly, partly, or in any manner, including installation or removal of any device for any such purpose, any public communications or public gas or power supply; (2136)

(5) a felony of the third degree if: (2137)

(A) the amount of the pecuniary loss is $30,000 or more but less than $150,000; or (2138)

(B) the actor, by discharging a firearm or other weapon or by any other means, causes the death of one or more head of cattle or bison or one or more horses; (2139)

(6) a felony of the second degree if the amount of pecuniary loss is $150,000 or more but less than $300,000; or (2140)

(7) a felony of the first degree if the amount of pecuniary loss is $300,000 or more. (2141)

(c) For the purposes of this section, it shall be presumed that a person who is receiving the economic benefit of public communications, public water, gas, or power supply, has knowingly tampered with the tangible property of the owner if the communication or supply has been: (2142)

(1) diverted from passing through a metering device; or (2143)

(2) prevented from being correctly registered by a metering device; or (2144)

(3) activated by any device installed to obtain public communications, public water, gas, or power supply without a metering device. (2145)

(d) The terms "public communication, public transportation, public gas or power supply, or other public service" and "public water supply" shall mean, refer to, and include any such services subject to regulation by the Public Utility Commission of Texas, the Railroad Commission of Texas, or the Texas Natural Resource Conservation Commission or any such services enfranchised by the State of Texas or any political subdivision thereof. (2146)

(e) When more than one item of tangible property, belonging to one or more owners, is damaged, destroyed, or tampered with in violation of this section pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the amounts of pecuniary loss to property resulting from the damage to, destruction of, or tampering with the property may be aggregated in determining the grade of the offense. (2147)

(f) An offense under this section is a state jail felony if the damage or destruction is inflicted on a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs and the amount of the pecuniary loss to real property or to tangible personal property is $750 or more but less than $30,000. (2148)

(g) In this section: (2149)

(1) "Explosive weapon" means any explosive or incendiary device that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes: (2150)

(A) an explosive or incendiary bomb, grenade, rocket, and mine; (2151)

(B) a device designed, made, or adapted for delivering or shooting an explosive weapon; and (2152)

(C) a device designed, made, or adapted to start a fire in a time-delayed manner. (2153)

(2) "Firearm" has the meaning assigned by Section 46.01. (2154)

(3) "Institution of higher education" has the meaning assigned by Section 61.003, Education Code. (2155)

(4) "Aluminum wiring" means insulated or noninsulated wire or cable that consists of at least 50 percent aluminum, including any tubing or conduit attached to the wire or cable. (2156)

(5) "Bronze wiring" means insulated or noninsulated wire or cable that consists of at least 50 percent bronze, including any tubing or conduit attached to the wire or cable. (2157)

(6) "Copper wiring" means insulated or noninsulated wire or cable that consists of at least 50 percent copper, including any tubing or conduit attached to the wire or cable. (2158)

(7) "Transportation communications equipment" means: (2159)

(A) an official traffic-control device, railroad sign or signal, or traffic-control signal, as those terms are defined by Section 541.304, Transportation Code; or (2160)

(B) a sign, signal, or device erected by a railroad, public body, or public officer to direct the movement of a railroad train, as defined by Section 541.202, Transportation Code. (2161)

(8) "Transportation communications device" means any item attached to transportation communications equipment, including aluminum wiring, bronze wiring, and copper wiring. (2162)

(h) An offense under this section is a state jail felony if the amount of the pecuniary loss to real property or to tangible personal property is $750 or more but less than $30,000 and the damage or destruction is inflicted on a public or private elementary school, secondary school, or institution of higher education. (2163)

(i) Notwithstanding Subsection (b), an offense under this section is a felony of the first degree if the property is livestock and the damage is caused by introducing bovine spongiform encephalopathy, commonly known as mad cow disease, or a disease described by Section 161.041(a), Agriculture Code. In this subsection, "livestock" has the meaning assigned by Section 161.001, Agriculture Code. (2164)

(j) Notwithstanding Subsection (b), an offense under this section is a felony of the third degree if: (2165)

(1) the tangible property damaged, destroyed, or tampered with is transportation communications equipment or a transportation communications device; and (2166)

(2) the amount of the pecuniary loss to the tangible property is less than $150,000. (2167)

(k) Subsection (a)(1) or (2) does not apply if the tangible personal property of the owner was a head of cattle or bison killed, or a horse killed, in the course of the actor's: (2168)

(1) actual discharge of official duties as a member of the United States armed forces or the state military forces as defined by Section 437.001, Government Code; or (2169)

(2) regular agricultural labor duties and practices. (2170)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1981, 67th Leg., p. 66, ch. 29, Sec. 1, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 2917, ch. 497, Sec. 1, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 352, Sec. 1, eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 559, Sec. 1, eff. June 14, 1989; Acts 1989, 71st Leg., ch. 1253, Sec. 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., 1st C.S., ch. 42, Sec. 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 76, Sec. 11.280, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1083, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 686, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 747, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 976, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1280, Sec. 1, eff. Sept. 1, 2003. (2171)

Amended by: (2172)

Acts 2007, 80th Leg., R.S., Ch. 690 (H.B. 1767), Sec. 1, eff. September 1, 2007. (2173)

Acts 2007, 80th Leg., R.S., Ch. 690 (H.B. 1767), Sec. 2, eff. September 1, 2007. (2174)

Acts 2009, 81st Leg., R.S., Ch. 638 (H.B. 1614), Sec. 1, eff. September 1, 2009. (2175)

Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 5, eff. September 1, 2015. (2176)

Acts 2017, 85th Leg., R.S., Ch. 136 (H.B. 1257), Sec. 1, eff. September 1, 2017. (2177)

Acts 2017, 85th Leg., R.S., Ch. 500 (H.B. 2817), Sec. 2, eff. September 1, 2017. (2178)

Sec. 28.04. RECKLESS DAMAGE OR DESTRUCTION. (2179)(1-click HTML)

(a) A person commits an offense if, without the effective consent of the owner, he recklessly damages or destroys property of the owner. (2180)

(b) An offense under this section is a Class C misdemeanor. (2181)

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. (2182)

Sec. 28.05. ACTOR'S INTEREST IN PROPERTY. (2183)(1-click HTML)

It is no defense to prosecution under this chapter that the actor has an interest in the property damaged or destroyed if another person also has an interest that the actor is not entitled to infringe. (2184)

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. (2185)

Sec. 28.06. AMOUNT OF PECUNIARY LOSS. (2186)(1-click HTML)

(a) The amount of pecuniary loss under this chapter, if the property is destroyed, is: (2187)

(1) the fair market value of the property at the time and place of the destruction; or (2188)

(2) if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the destruction. (2189)

(b) The amount of pecuniary loss under this chapter, if the property is damaged, is the cost of repairing or restoring the damaged property within a reasonable time after the damage occurred. (2190)

(c) The amount of pecuniary loss under this chapter for documents, other than those having a readily ascertainable market value, is: (2191)

(1) the amount due and collectible at maturity less any part that has been satisfied, if the document constitutes evidence of a debt; or (2192)

(2) the greatest amount of economic loss that the owner might reasonably suffer by virtue of the destruction or damage if the document is other than evidence of a debt. (2193)

(d) If the amount of pecuniary loss cannot be ascertained by the criteria set forth in Subsections (a) through (c), the amount of loss is deemed to be greater than $750 but less than $2,500. (2194)

(e) If the actor proves by a preponderance of the evidence that he gave consideration for or had a legal interest in the property involved, the value of the interest so proven shall be deducted from: (2195)

(1) the amount of pecuniary loss if the property is destroyed; or (2196)

(2) the amount of pecuniary loss to the extent of an amount equal to the ratio the value of the interest bears to the total value of the property, if the property is damaged. (2197)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 2918, ch. 497, Sec. 2, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (2198)

Amended by: (2199)

Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 6, eff. September 1, 2015. (2200)

Sec. 28.07. INTERFERENCE WITH RAILROAD PROPERTY. (2201)(1-click HTML)

(a) In this section: (2202)

(1) "Railroad property" means: (2203)

(A) a train, locomotive, railroad car, caboose, work equipment, rolling stock, safety device, switch, or connection that is owned, leased, operated, or possessed by a railroad; or (2204)

(B) a railroad track, rail, bridge, trestle, or right-of-way owned or used by a railroad. (2205)

(2) "Tamper" means to move, alter, or interfere with railroad property. (2206)

(b) A person commits an offense if the person: (2207)

(1) throws an object or discharges a firearm or weapon at a train or rail-mounted work equipment; or (2208)

(2) without the effective consent of the owner: (2209)

(A) enters or remains on railroad property, knowing that it is railroad property; (2210)

(B) tampers with railroad property; (2211)

(C) places an obstruction on a railroad track or right-of-way; or (2212)

(D) causes in any manner the derailment of a train, railroad car, or other railroad property that moves on tracks. (2213)

(c) An offense under Subsection (b)(1) is a Class B misdemeanor unless the person causes bodily injury to another, in which event the offense is a felony of the third degree. (2214)

(d) An offense under Subsection (b)(2)(A) is a Class C misdemeanor. (2215)

(e) An offense under Subsection (b)(2)(B), (b)(2)(C), or (b)(2)(D) is a Class C misdemeanor unless the person causes pecuniary loss of $100 or more, in which event the offense is: (2216)

(1) a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750; (2217)

(2) a Class A misdemeanor if the amount of pecuniary loss is $750 or more but less than $2,500; (2218)

(3) a state jail felony if the amount of pecuniary loss is $2,500 or more but less than $30,000; (2219)

(4) a felony of the third degree if the amount of the pecuniary loss is $30,000 or more but less than $150,000; (2220)

(5) a felony of the second degree if the amount of pecuniary loss is $150,000 or more but less than $300,000; or (2221)

(6) a felony of the first degree if the amount of the pecuniary loss is $300,000 or more. (2222)

(f) The conduct described in Subsection (b)(2)(A) is not an offense under this section if it is undertaken by an employee of the railroad or by a representative of a labor organization which represents or is seeking to represent the employees of the railroad as long as the employee or representative has a right to engage in such conduct under the Railway Labor Act (45 U.S.C. Section 151 et seq.). (2223)

Added by Acts 1989, 71st Leg., ch. 908, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (2224)

Amended by: (2225)

Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 7, eff. September 1, 2015. (2226)

Sec. 28.08. GRAFFITI. (2227)(1-click HTML)

(a) A person commits an offense if, without the effective consent of the owner, the person intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner with: (2228)

(1) paint; (2229)

(2) an indelible marker; or (2230)

(3) an etching or engraving device. (2231)

(b) Except as provided by Subsection (d), an offense under this section is: (2232)

(1) a Class C misdemeanor if the amount of pecuniary loss is less than $100; (2233)

(2) a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750; (2234)

(3) a Class A misdemeanor if the amount of pecuniary loss is $750 or more but less than $2,500; (2235)

(4) a state jail felony if the amount of pecuniary loss is $2,500 or more but less than $30,000; (2236)

(5) a felony of the third degree if the amount of pecuniary loss is $30,000 or more but less than $150,000; (2237)

(6) a felony of the second degree if the amount of pecuniary loss is $150,000 or more but less than $300,000; or (2238)

(7) a felony of the first degree if the amount of pecuniary loss is $300,000 or more. (2239)

(c) When more than one item of tangible property, belonging to one or more owners, is marked in violation of this section pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the amounts of pecuniary loss to property resulting from the marking of the property may be aggregated in determining the grade of the offense. (2240)

(d) An offense under this section is a state jail felony if: (2241)

(1) the marking is made on a school, an institution of higher education, a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs; and (2242)

(2) the amount of the pecuniary loss to real property or to tangible personal property is $750 or more but less than $30,000. (2243)

(e) In this section: (2244)

(1) "Aerosol paint" means an aerosolized paint product. (2245)

(2) "Etching or engraving device" means a device that makes a delineation or impression on tangible property, regardless of the manufacturer's intended use for that device. (2246)

(3) "Indelible marker" means a device that makes a mark with a paint or ink product that is specifically formulated to be more difficult to erase, wash out, or remove than ordinary paint or ink products. (2247)

(4) "Institution of higher education" has the meaning assigned by Section 481.134, Health and Safety Code. (2248)

(5) "School" means a private or public elementary or secondary school. (2249)

Added by Acts 1997, 75th Leg., ch. 593, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 166, Sec. 1, 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 695, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 16.001, eff. Sept. 1, 2001. (2250)

Amended by: (2251)

Acts 2009, 81st Leg., R.S., Ch. 639 (H.B. 1633), Sec. 4, eff. September 1, 2009. (2252)

Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 8, eff. September 1, 2015. (2253)

CHAPTER 29. ROBBERY (2254)(1-click HTML)

Sec. 29.01. DEFINITIONS. (2255)(1-click HTML)

In this chapter: (2256)

(1) "In the course of committing theft" means conduct that occurs in an attempt to commit, during the commission, or in immediate flight after the attempt or commission of theft. (2257)

(2) "Property" means: (2258)

(A) tangible or intangible personal property including anything severed from land; or (2259)

(B) a document, including money, that represents or embodies anything of value. (2260)

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. (2261)

Sec. 29.02. ROBBERY. (2262)(1-click HTML)

(a) A person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he: (2263)

(1) intentionally, knowingly, or recklessly causes bodily injury to another; or (2264)

(2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death. (2265)

(b) An offense under this section is a felony of the second degree. (2266)

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. (2267)

Sec. 29.03. AGGRAVATED ROBBERY. (2268)(1-click HTML)

(a) A person commits an offense if he commits robbery as defined in Section 29.02, and he: (2269)

(1) causes serious bodily injury to another; (2270)

(2) uses or exhibits a deadly weapon; or (2271)

(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: (2272)

(A) 65 years of age or older; or (2273)

(B) a disabled person. (2274)

(b) An offense under this section is a felony of the first degree. (2275)

(c) In this section, "disabled person" means an individual with a mental, physical, or developmental disability who is substantially unable to protect himself from harm. (2276)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1989, 71st Leg., ch. 357, Sec. 2, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (2277)

CHAPTER 30. BURGLARY AND CRIMINAL TRESPASS (2278)(1-click HTML)

Sec. 30.01. DEFINITIONS. (2279)(1-click HTML)

In this chapter: (2280)

(1) "Habitation" means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes: (2281)

(A) each separately secured or occupied portion of the structure or vehicle; and (2282)

(B) each structure appurtenant to or connected with the structure or vehicle. (2283)

(2) "Building" means any enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use. (2284)

(3) "Vehicle" includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation, except such devices as are classified as "habitation." (2285)

(4) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. (2286)

(5) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. (2287)

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. (2288)

Amended by: (2289)

Acts 2017, 85th Leg., R.S., Ch. 338 (H.B. 1178), Sec. 1, eff. September 1, 2017. (2290)

Sec. 30.02. BURGLARY. (2291)(1-click HTML)

(a) A person commits an offense if, without the effective consent of the owner, the person: (2292)

(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 (2293)

(2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or (2294)

(3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault. (2295)

(b) For purposes of this section, "enter" means to intrude: (2296)

(1) any part of the body; or (2297)

(2) any physical object connected with the body. (2298)

(c) Except as provided in Subsection (c-1) or (d), an offense under this section is a: (2299)

(1) state jail felony if committed in a building other than a habitation; or (2300)

(2) felony of the second degree if committed in a habitation. (2301)

(c-1) An offense under this section is a felony of the third degree if: (2302)

(1) the premises are a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; and (2303)

(2) the person entered or remained concealed in that building with intent to commit a theft of a controlled substance. (2304)

(d) An offense under this section is a felony of the first degree if: (2305)

(1) the premises are a habitation; and (2306)

(2) any party to the offense entered the habitation with intent to commit a felony other than felony theft or committed or attempted to commit a felony other than felony theft. (2307)

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; Acts 1995, 74th Leg., ch. 318, Sec. 8, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 727, Sec. 1, eff. Sept. 1, 1999. (2308)

Amended by: (2309)

Acts 2017, 85th Leg., R.S., Ch. 338 (H.B. 1178), Sec. 2, eff. September 1, 2017. (2310)

Sec. 30.03. BURGLARY OF COIN-OPERATED OR COIN COLLECTION MACHINES. (2311)(1-click HTML)

(a) A person commits an offense if, without the effective consent of the owner, he breaks or enters into any coin-operated machine, coin collection machine, or other coin-operated or coin collection receptacle, contrivance, apparatus, or equipment used for the purpose of providing lawful amusement, sales of goods, services, or other valuable things, or telecommunications with intent to obtain property or services. (2312)

(b) For purposes of this section, "entry" includes every kind of entry except one made with the effective consent of the owner. (2313)

(c) An offense under this section is a Class A misdemeanor. (2314)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1987, 70th Leg., ch. 62, Sec. 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (2315)

Sec. 30.04. BURGLARY OF VEHICLES. (2316)(1-click HTML)

(a) A person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft. (2317)

(b) For purposes of this section, "enter" means to intrude: (2318)

(1) any part of the body; or (2319)

(2) any physical object connected with the body. (2320)

(c) For purposes of this section, a container or trailer carried on a rail car is a part of the rail car. (2321)

(d) An offense under this section is a Class A misdemeanor, except that: (2322)

(1) the offense is a Class A misdemeanor with a minimum term of confinement of six months if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section; (2323)

(2) the offense is a state jail felony if: (2324)

(A) it is shown on the trial of the offense that the defendant has been previously convicted two or more times of an offense under this section; or (2325)

(B) the vehicle or part of the vehicle broken into or entered is a rail car; and (2326)

(3) the offense is a felony of the third degree if: (2327)

(A) the vehicle broken into or entered is owned or operated by a wholesale distributor of prescription drugs; and (2328)

(B) the actor breaks into or enters that vehicle with the intent to commit theft of a controlled substance. (2329)

(d-1) For the purposes of Subsection (d), a defendant has been previously convicted under this section if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision. (2330)

(e) It is a defense to prosecution under this section that the actor entered a rail car or any part of a rail car and was at that time an employee or a representative of employees exercising a right under the Railway Labor Act (45 U.S.C. Section 151 et seq.). (2331)

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; Acts 1999, 76th Leg., ch. 916, Sec. 1, eff. Sept. 1, 1999. (2332)

Amended by: (2333)

Acts 2007, 80th Leg., R.S., Ch. 308 (H.B. 1887), Sec. 1, eff. September 1, 2007. (2334)

Acts 2017, 85th Leg., R.S., Ch. 338 (H.B. 1178), Sec. 3, eff. September 1, 2017. (2335)

Sec. 30.05. CRIMINAL TRESPASS. (2336)(1-click HTML)

(a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person: (2337)

(1) had notice that the entry was forbidden; or (2338)

(2) received notice to depart but failed to do so. (2339)

(b) For purposes of this section: (2340)

(1) "Entry" means the intrusion of the entire body. (2341)

(2) "Notice" means: (2342)

(A) oral or written communication by the owner or someone with apparent authority to act for the owner; (2343)

(B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock; (2344)

(C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden; (2345)

(D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are: (2346)

(i) vertical lines of not less than eight inches in length and not less than one inch in width; (2347)

(ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and (2348)

(iii) placed at locations that are readily visible to any person approaching the property and no more than: (2349)

(a) 100 feet apart on forest land; or (2350)

(b) 1,000 feet apart on land other than forest land; or (2351)

(E) the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry. (2352)

(3) "Shelter center" has the meaning assigned by Section 51.002, Human Resources Code. (2353)

(4) "Forest land" means land on which the trees are potentially valuable for timber products. (2354)

(5) "Agricultural land" has the meaning assigned by Section 75.001, Civil Practice and Remedies Code. (2355)

(6) "Superfund site" means a facility that: (2356)

(A) is on the National Priorities List established under Section 105 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9605); or (2357)

(B) is listed on the state registry established under Section 361.181, Health and Safety Code. (2358)

(7) "Critical infrastructure facility" means one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders: (2359)

(A) a chemical manufacturing facility; (2360)

(B) a refinery; (2361)

(C) an electrical power generating facility, substation, switching station, electrical control center, or electrical transmission or distribution facility; (2362)

(D) a water intake structure, water treatment facility, wastewater treatment plant, or pump station; (2363)

(E) a natural gas transmission compressor station; (2364)

(F) a liquid natural gas terminal or storage facility; (2365)

(G) a telecommunications central switching office; (2366)

(H) a port, railroad switching yard, trucking terminal, or other freight transportation facility; (2367)

(I) a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas; or (2368)

(J) a transmission facility used by a federally licensed radio or television station. (2369)

(8) "Protected freshwater area" has the meaning assigned by Section 90.001, Parks and Wildlife Code. (2370)

(9) "Recognized state" means another state with which the attorney general of this state, with the approval of the governor of this state, negotiated an agreement after determining that the other state: (2371)

(A) has firearm proficiency requirements for peace officers; and (2372)

(B) fully recognizes the right of peace officers commissioned in this state to carry weapons in the other state. (2373)

(10) "Recreational vehicle park" has the meaning assigned by Section 13.087, Water Code. (2374)

(11) "Residential land" means real property improved by a dwelling and zoned for or otherwise authorized for single-family or multifamily use. (2375)

(12) "Institution of higher education" has the meaning assigned by Section 61.003, Education Code. (2376)

(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1138, Sec. 4, eff. September 1, 2009. (2377)

(d) An offense under this section is: (2378)

(1) a Class B misdemeanor, except as provided by Subdivisions (2) and (3); (2379)

(2) a Class C misdemeanor, except as provided by Subdivision (3), if the offense is committed: (2380)

(A) on agricultural land and within 100 feet of the boundary of the land; or (2381)

(B) on residential land and within 100 feet of a protected freshwater area; and (2382)

(3) a Class A misdemeanor if: (2383)

(A) the offense is committed: (2384)

(i) in a habitation or a shelter center; (2385)

(ii) on a Superfund site; or (2386)

(iii) on or in a critical infrastructure facility; (2387)

(B) the offense is committed on or in property of an institution of higher education and it is shown on the trial of the offense that the person has previously been convicted of: (2388)

(i) an offense under this section relating to entering or remaining on or in property of an institution of higher education; or (2389)

(ii) an offense under Section 51.204(b)(1), Education Code, relating to trespassing on the grounds of an institution of higher education; or (2390)

(C) the person carries a deadly weapon during the commission of the offense. (2391)

(d-1) For the purposes of Subsection (d)(3)(B), a person has previously been convicted of an offense described by that paragraph if the person was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication community supervision, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the person was subsequently discharged from deferred adjudication community supervision. (2392)

(d-2) At the punishment stage of a trial in which the attorney representing the state seeks the increase in punishment provided by Subsection (d)(3)(B), the defendant may raise the issue as to whether, at the time of the instant offense or the previous offense, the defendant was engaging in speech or expressive conduct protected by the First Amendment to the United States Constitution or Section 8, Article I, Texas Constitution. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the increase in punishment provided by Subsection (d)(3)(B) does not apply. (2393)

(e) It is a defense to prosecution under this section that the actor at the time of the offense was: (2394)

(1) a firefighter or emergency medical services personnel, as defined by Section 773.003, Health and Safety Code, acting in the lawful discharge of an official duty under exigent circumstances; (2395)

(2) a person who was: (2396)

(A) an employee or agent of: (2397)

(i) an electric utility, as defined by Section 31.002, Utilities Code; (2398)

(ii) a telecommunications provider, as defined by Section 51.002, Utilities Code; (2399)

(iii) a video service provider or cable service provider, as defined by Section 66.002, Utilities Code; (2400)

(iv) a gas utility, as defined by Section 101.003, Utilities Code, which for the purposes of this subsection includes a municipally owned utility as defined by that section; (2401)

(v) a gas utility, as defined by Section 121.001, Utilities Code; (2402)

(vi) a pipeline used for the transportation or sale of oil, gas, or related products; or (2403)

(vii) an electric cooperative or municipally owned utility, as defined by Section 11.003, Utilities Code; and (2404)

(B) performing a duty within the scope of that employment or agency; or (2405)

(3) a person who was: (2406)

(A) employed by or acting as agent for an entity that had, or that the person reasonably believed had, effective consent or authorization provided by law to enter the property; and (2407)

(B) performing a duty within the scope of that employment or agency. (2408)

(f) It is a defense to prosecution under this section that: (2409)

(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and (2410)

(2) the person was carrying: (2411)

(A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and (2412)

(B) a handgun: (2413)

(i) in a concealed manner; or (2414)

(ii) in a shoulder or belt holster. (2415)

(g) It is a defense to prosecution under this section that the actor entered a railroad switching yard or any part of a railroad switching yard and was at that time an employee or a representative of employees exercising a right under the Railway Labor Act (45 U.S.C. Section 151 et seq.). (2416)

(h) At the punishment stage of a trial in which the attorney representing the state seeks the increase in punishment provided by Subsection (d)(3)(A)(iii), the defendant may raise the issue as to whether the defendant entered or remained on or in a critical infrastructure facility as part of a peaceful or lawful assembly, including an attempt to exercise rights guaranteed by state or federal labor laws. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the increase in punishment provided by Subsection (d)(3)(A)(iii) does not apply. (2417)

(i) This section does not apply if: (2418)

(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun or other weapon was forbidden; and (2419)

(2) the actor at the time of the offense was a peace officer, including a commissioned peace officer of a recognized state, or a special investigator under Article 2.122, Code of Criminal Procedure, regardless of whether the peace officer or special investigator was engaged in the actual discharge of an official duty while carrying the weapon. (2420)

(j) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1138, Sec. 4, eff. September 1, 2009. (2421)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1114, ch. 530, Sec. 3, eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 2385, ch. 596, Sec. 1, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 139, Sec. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 308, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 24, Sec. 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1229, Sec. 1, 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 161, Sec. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 169, Sec. 1, 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 765, Sec. 1, 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 16.002, 21.001(94), eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1078, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1178, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14B.001, eff. Sept. 1, 2003. (2422)

Amended by: (2423)

Acts 2005, 79th Leg., Ch. 1093 (H.B. 2110), Sec. 3, eff. September 1, 2005. (2424)

Acts 2005, 79th Leg., Ch. 1337 (S.B. 9), Sec. 20, eff. June 18, 2005. (2425)

Acts 2005, 79th Leg., Ch. 1337 (S.B. 9), Sec. 21, eff. June 18, 2005. (2426)

Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(61), eff. September 1, 2007. (2427)

Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.002(13), eff. September 1, 2007. (2428)

Acts 2009, 81st Leg., R.S., Ch. 1138 (H.B. 2609), Sec. 1, eff. September 1, 2009. (2429)

Acts 2009, 81st Leg., R.S., Ch. 1138 (H.B. 2609), Sec. 2, eff. September 1, 2009. (2430)

Acts 2009, 81st Leg., R.S., Ch. 1138 (H.B. 2609), Sec. 3, eff. September 1, 2009. (2431)

Acts 2009, 81st Leg., R.S., Ch. 1138 (H.B. 2609), Sec. 4, eff. September 1, 2009. (2432)

Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 20.001, eff. September 1, 2011. (2433)

Acts 2013, 83rd Leg., R.S., Ch. 564 (S.B. 701), Sec. 1, eff. September 1, 2013. (2434)

Acts 2013, 83rd Leg., R.S., Ch. 613 (S.B. 1268), Sec. 1, eff. September 1, 2013. (2435)

Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 12, eff. June 14, 2013. (2436)

Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 40, eff. January 1, 2016. (2437)

Acts 2017, 85th Leg., R.S., Ch. 602 (S.B. 1649), Sec. 1, eff. September 1, 2017. (2438)

Acts 2017, 85th Leg., R.S., Ch. 602 (S.B. 1649), Sec. 2, eff. September 1, 2017. (2439)

Sec. 30.06. TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN. (2440)(1-click HTML)

(a) A license holder commits an offense if the license holder: (2441)

(1) carries a concealed handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and (2442)

(2) received notice that entry on the property by a license holder with a concealed handgun was forbidden. (2443)

(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication. (2444)

(c) In this section: (2445)

(1) "Entry" has the meaning assigned by Section 30.05(b). (2446)

(2) "License holder" has the meaning assigned by Section 46.035(f). (2447)

(3) "Written communication" means: (2448)

(A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun"; or (2449)

(B) a sign posted on the property that: (2450)

(i) includes the language described by Paragraph (A) in both English and Spanish; (2451)

(ii) appears in contrasting colors with block letters at least one inch in height; and (2452)

(iii) is displayed in a conspicuous manner clearly visible to the public. (2453)

(d) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart. (2454)

(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035. (2455)

(f) It is a defense to prosecution under this section that the license holder is volunteer emergency services personnel, as defined by Section 46.01. (2456)

Added by Acts 1997, 75th Leg., ch. 1261, Sec. 23, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.24, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1178, Sec. 2, eff. Sept. 1, 2003. (2457)

Amended by: (2458)

Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 41, eff. January 1, 2016. (2459)

Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 42, eff. January 1, 2016. (2460)

Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 43, eff. January 1, 2016. (2461)

Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435), Sec. 8, eff. September 1, 2017. (2462)

Sec. 30.07. TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN. (2463)(1-click HTML)

(a) A license holder commits an offense if the license holder: (2464)

(1) openly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and (2465)

(2) received notice that entry on the property by a license holder openly carrying a handgun was forbidden. (2466)

(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication. (2467)

(c) In this section: (2468)

(1) "Entry" has the meaning assigned by Section 30.05(b). (2469)

(2) "License holder" has the meaning assigned by Section 46.035(f). (2470)

(3) "Written communication" means: (2471)

(A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly"; or (2472)

(B) a sign posted on the property that: (2473)

(i) includes the language described by Paragraph (A) in both English and Spanish; (2474)

(ii) appears in contrasting colors with block letters at least one inch in height; and (2475)

(iii) is displayed in a conspicuous manner clearly visible to the public at each entrance to the property. (2476)

(d) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart. (2477)

(e) It is an exception to the application of this section that the property on which the license holder openly carries the handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035. (2478)

(f) It is not a defense to prosecution under this section that the handgun was carried in a shoulder or belt holster. (2479)

(g) It is a defense to prosecution under this section that the license holder is volunteer emergency services personnel, as defined by Section 46.01. (2480)

Added by Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 44, eff. January 1, 2016. (2481)

Amended by: (2482)

Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435), Sec. 9, eff. September 1, 2017. (2483)

CHAPTER 31. THEFT (2484)(1-click HTML)

Sec. 31.01. DEFINITIONS. (2485)(1-click HTML)

In this chapter: (2486)

(1) "Deception" means: (2487)

(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; (2488)

(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; (2489)

(C) preventing another from acquiring information likely to affect his judgment in the transaction; (2490)

(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 (2491)

(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. (2492)

(2) "Deprive" means: (2493)

(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; (2494)

(B) to restore property only upon payment of reward or other compensation; or (2495)

(C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. (2496)

(3) "Effective consent" includes consent by a person legally authorized to act for the owner. Consent is not effective if: (2497)

(A) induced by deception or coercion; (2498)

(B) given by a person the actor knows is not legally authorized to act for the owner; (2499)

(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; (2500)

(D) given solely to detect the commission of an offense; or (2501)

(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. (2502)

(4) "Appropriate" means: (2503)

(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 (2504)

(B) to acquire or otherwise exercise control over property other than real property. (2505)

(5) "Property" means: (2506)

(A) real property; (2507)

(B) tangible or intangible personal property including anything severed from land; or (2508)

(C) a document, including money, that represents or embodies anything of value. (2509)

(6) "Service" includes: (2510)

(A) labor and professional service; (2511)

(B) telecommunication, public utility, or transportation service; (2512)

(C) lodging, restaurant service, and entertainment; and (2513)

(D) the supply of a motor vehicle or other property for use. (2514)

(7) "Steal" means to acquire property or service by theft. (2515)

(8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. (2516)

(9) "Used or secondhand motor vehicle" means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code. (2517)

(10) "Elderly individual" has the meaning assigned by Section 22.04(c). (2518)

(11) "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment. (2519)

(12) "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. (2520)

(13) "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. (2521)

(14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. (2522)

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. (2523)

Amended by: (2524)

Acts 2011, 82nd Leg., R.S., Ch. 323 (H.B. 2482), Sec. 1, eff. September 1, 2011. (2525)

Sec. 31.02. CONSOLIDATION OF THEFT OFFENSES. (2526)(1-click HTML)

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. (2527)

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. (2528)

Sec. 31.03. THEFT. (2529)(1-click HTML)

(a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (2530)

(b) Appropriation of property is unlawful if: (2531)

(1) it is without the owner's effective consent; (2532)

(2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or (2533)

(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. (2534)

(c) For purposes of Subsection (b): (2535)

(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; (2536)

(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; (2537)

(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: (2538)

(A) fails to record the name, address, and physical description or identification number of the seller or pledgor; (2539)

(B) fails to record a complete description of the property, including the serial number, if reasonably available, or other identifying characteristics; or (2540)

(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; (2541)

(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; (2542)

(5) stolen property does not lose its character as stolen when recovered by any law enforcement agency; (2543)

(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: (2544)

(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; (2545)

(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 (2546)

(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; (2547)

(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: (2548)

(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 (2549)

(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; (2550)

(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: (2551)

(A) fails to record the name, address, and physical description of the seller or pledgor; (2552)

(B) fails to record a complete description of the amount and type of pesticide or compound, mixture, or preparation purchased or received; and (2553)

(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 (2554)

(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). (2555)

(d) It is not a defense to prosecution under this section that: (2556)

(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; (2557)

(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 (2558)

(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. (2559)

(e) Except as provided by Subsection (f), an offense under this section is: (2560)

(1) a Class C misdemeanor if the value of the property stolen is less than $100; (2561)

(2) a Class B misdemeanor if: (2562)

(A) the value of the property stolen is $100 or more but less than $750; (2563)

(B) the value of the property stolen is less than $100 and the defendant has previously been convicted of any grade of theft; or (2564)

(C) the property stolen is a driver's license, commercial driver's license, or personal identification certificate issued by this state or another state; (2565)

(3) a Class A misdemeanor if the value of the property stolen is $750 or more but less than $2,500; (2566)

(4) a state jail felony if: (2567)

(A) the value of the property stolen is $2,500 or more but less than $30,000, or the property is less than 10 head of sheep, swine, or goats or any part thereof under the value of $30,000; (2568)

(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; (2569)

(C) the property stolen is a firearm, as defined by Section 46.01; (2570)

(D) the value of the property stolen is less than $2,500 and the defendant has been previously convicted two or more times of any grade of theft; (2571)

(E) the property stolen is an official ballot or official carrier envelope for an election; or (2572)

(F) the value of the property stolen is less than $20,000 and the property stolen is: (2573)

(i) aluminum; (2574)

(ii) bronze; (2575)

(iii) copper; or (2576)

(iv) brass; (2577)

(5) a felony of the third degree if the value of the property stolen is $30,000 or more but less than $150,000, or the property is: (2578)

(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; (2579)

(B) 10 or more head of sheep, swine, or goats stolen during a single transaction and having an aggregate value of less than $150,000; or (2580)

(C) a controlled substance, having a value of less than $150,000, if stolen from: (2581)

(i) a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; or (2582)

(ii) a vehicle owned or operated by a wholesale distributor of prescription drugs; (2583)

(6) a felony of the second degree if: (2584)

(A) the value of the property stolen is $150,000 or more but less than $300,000; or (2585)

(B) the value of the property stolen is less than $300,000 and the property stolen is an automated teller machine or the contents or components of an automated teller machine; or (2586)

(7) a felony of the first degree if the value of the property stolen is $300,000 or more. (2587)

(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: (2588)

(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; (2589)

(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; (2590)

(3) the owner of the property appropriated was at the time of the offense: (2591)

(A) an elderly individual; or (2592)

(B) a nonprofit organization; (2593)

(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 (2594)

(5) during the commission of the offense, the actor intentionally, knowingly, or recklessly: (2595)

(A) caused a fire exit alarm to sound or otherwise become activated; (2596)

(B) deactivated or otherwise prevented a fire exit alarm or retail theft detector from sounding; or (2597)

(C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. (2598)

(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. (2599)

(h) In this section: (2600)

(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. (2601)

(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. (2602)

(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. (2603)

(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. The term includes an automated banking machine. (2604)

(5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. (2605)

(6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. (2606)

(i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. (2607)

(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. (2608)

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. (2609)

Amended by: (2610)

Acts 2007, 80th Leg., R.S., Ch. 304 (H.B. 1766), Sec. 1, eff. September 1, 2007. (2611)

Acts 2009, 81st Leg., R.S., Ch. 70 (H.B. 1282), Sec. 1, eff. September 1, 2009. (2612)

Acts 2009, 81st Leg., R.S., Ch. 105 (H.B. 1466), Sec. 1, eff. May 23, 2009. (2613)

Acts 2009, 81st Leg., R.S., Ch. 139 (S.B. 1163), Sec. 1, eff. September 1, 2009. (2614)

Acts 2009, 81st Leg., R.S., Ch. 295 (H.B. 348), Sec. 1, eff. September 1, 2009. (2615)

Acts 2009, 81st Leg., R.S., Ch. 903 (H.B. 671), Sec. 1, eff. September 1, 2009. (2616)

Acts 2009, 81st Leg., R.S., Ch. 903 (H.B. 671), Sec. 2, eff. September 1, 2009. (2617)

Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3J.01, eff. September 1, 2009. (2618)

Acts 2011, 82nd Leg., R.S., Ch. 120 (S.B. 887), Sec. 1, eff. September 1, 2011. (2619)

Acts 2011, 82nd Leg., R.S., Ch. 120 (S.B. 887), Sec. 2, eff. September 1, 2011. (2620)

Acts 2011, 82nd Leg., R.S., Ch. 323 (H.B. 2482), Sec. 2, eff. September 1, 2011. (2621)

Acts 2011, 82nd Leg., R.S., Ch. 1234 (S.B. 694), Sec. 21, eff. September 1, 2011. (2622)

Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 10, eff. September 1, 2015. (2623)

Acts 2017, 85th Leg., R.S., Ch. 338 (H.B. 1178), Sec. 4, eff. September 1, 2017. (2624)

Acts 2017, 85th Leg., R.S., Ch. 338 (H.B. 1178), Sec. 5, eff. September 1, 2017. (2625)

Sec. 31.04. THEFT OF SERVICE. (2626)(1-click HTML)

(a) A person commits theft of service if, with intent to avoid payment for service that the actor knows is provided only for compensation: (2627)

(1) the actor intentionally or knowingly secures performance of the service by deception, threat, or false token; (2628)

(2) having control over the disposition of services of another to which the actor is not entitled, the actor intentionally or knowingly diverts the other's services to the actor's own benefit or to the benefit of another not entitled to the services; (2629)

(3) having control of personal property under a written rental agreement, the actor 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 (2630)

(4) the actor intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make full payment after receiving notice demanding payment. (2631)

(b) For purposes of this section, intent to avoid payment is presumed if: (2632)

(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; (2633)

(2) the actor failed to make payment under a service agreement within 10 days after receiving notice demanding payment; (2634)

(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 (2635)

(4) the actor failed to return the property held under a rental agreement: (2636)

(A) within five days after receiving notice demanding return, if the property is valued at less than $2,500; or (2637)

(B) within three days after receiving notice demanding return, if the property is valued at $2,500 or more. (2638)

(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. (2639)

(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. (2640)

(d-1) For purposes of Subsection (a)(4): (2641)

(1) if the compensation is or was to be paid on a periodic basis, the intent to avoid payment for a service may be formed at any time during or before a pay period; and (2642)

(2) the partial payment of wages alone is not sufficient evidence to negate the actor's intent to avoid payment for a service. (2643)

(e) An offense under this section is: (2644)

(1) a Class C misdemeanor if the value of the service stolen is less than $100; (2645)

(2) a Class B misdemeanor if the value of the service stolen is $100 or more but less than $750; (2646)

(3) a Class A misdemeanor if the value of the service stolen is $750 or more but less than $2,500; (2647)

(4) a state jail felony if the value of the service stolen is $2,500 or more but less than $30,000; (2648)

(5) a felony of the third degree if the value of the service stolen is $30,000 or more but less than $150,000; (2649)

(6) a felony of the second degree if the value of the service stolen is $150,000 or more but less than $300,000; or (2650)

(7) a felony of the first degree if the value of the service stolen is $300,000 or more. (2651)

(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. (2652)

(g) It is a defense to prosecution under this section that: (2653)

(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 (2654)

(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. (2655)

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. (2656)

Amended by: (2657)

Acts 2011, 82nd Leg., R.S., Ch. 141 (S.B. 1024), Sec. 1, eff. September 1, 2011. (2658)

Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 11, eff. September 1, 2015. (2659)

Sec. 31.05. THEFT OF TRADE SECRETS. (2660)(1-click HTML)

(a) For purposes of this section: (2661)

(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. (2662)

(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. (2663)

(3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. (2664)

(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. (2665)

(b) A person commits an offense if, without the owner's effective consent, he knowingly: (2666)

(1) steals a trade secret; (2667)

(2) makes a copy of an article representing a trade secret; or (2668)

(3) communicates or transmits a trade secret. (2669)

(c) An offense under this section is a felony of the third degree. (2670)

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. (2671)

Sec. 31.06. PRESUMPTION FOR THEFT BY CHECK OR SIMILAR SIGHT ORDER. (2672)(1-click HTML)

(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: (2673)

(1) the issuer had no account with the bank or other drawee at the time the issuer issued the check or sight order; or (2674)

(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. (2675)

(b) For purposes of Subsection (a)(2) or (f)(3), notice may be actual notice or notice in writing that: (2676)

(1) is sent by: (2677)

(A) first class mail, evidenced by an affidavit of service; or (2678)

(B) registered or certified mail with return receipt requested; (2679)

(2) is addressed to the issuer at the issuer's address shown on: (2680)

(A) the check or order; (2681)

(B) the records of the bank or other drawee; or (2682)

(C) the records of the person to whom the check or order has been issued or passed; and (2683)

(3) contains the following statement: (2684)

"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." (2685)

(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. (2686)

(d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. (2687)

(e) Partial restitution does not preclude the presumption of the requisite intent under this section. (2688)

(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: (2689)

(1) the actor ordered the bank or other drawee to stop payment on the check or order; (2690)

(2) the bank or drawee refused payment to the holder on presentation of the check or order within 30 days after issue; (2691)

(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 (2692)

(4) the actor failed to: (2693)

(A) pay the holder within 10 days after receiving the demand for payment; or (2694)

(B) return the property to the owner within 10 days after receiving the demand for return of the property. (2695)

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. (2696)

Amended by: (2697)

Acts 2007, 80th Leg., R.S., Ch. 976 (S.B. 548), Sec. 1, eff. September 1, 2007. (2698)

Acts 2013, 83rd Leg., R.S., Ch. 128 (S.B. 821), Sec. 1, eff. September 1, 2013. (2699)

Acts 2013, 83rd Leg., R.S., Ch. 128 (S.B. 821), Sec. 2, eff. September 1, 2013. (2700)

Sec. 31.07. UNAUTHORIZED USE OF A VEHICLE. (2701)(1-click HTML)

(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. (2702)

(b) An offense under this section is a state jail felony. (2703)

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. (2704)

Sec. 31.08. VALUE. (2705)(1-click HTML)

(a) Subject to the additional criteria of Subsections (b) and (c), value under this chapter is: (2706)

(1) the fair market value of the property or service at the time and place of the offense; or (2707)

(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. (2708)

(b) The value of documents, other than those having a readily ascertainable market value, is: (2709)

(1) the amount due and collectible at maturity less that part which has been satisfied, if the document constitutes evidence of a debt; or (2710)

(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. (2711)

(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 $750 or more but less than $2,500. (2712)

(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. (2713)

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. (2714)

Amended by: (2715)

Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 12, eff. September 1, 2015. (2716)

Sec. 31.09. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. (2717)(1-click HTML)

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. (2718)

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. (2719)

Sec. 31.10. ACTOR'S INTEREST IN PROPERTY. (2720)(1-click HTML)

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. (2721)

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. (2722)

Sec. 31.11. TAMPERING WITH IDENTIFICATION NUMBERS. (2723)(1-click HTML)

(a) A person commits an offense if the person: (2724)

(1) knowingly or intentionally removes, alters, or obliterates the serial number or other permanent identification marking on tangible personal property; or (2725)

(2) possesses, sells, or offers for sale tangible personal property and: (2726)

(A) the actor knows that the serial number or other permanent identification marking has been removed, altered, or obliterated; or (2727)

(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. (2728)

(b) It is an affirmative defense to prosecution under this section that the person was: (2729)

(1) the owner or acting with the effective consent of the owner of the property involved; (2730)

(2) a peace officer acting in the actual discharge of official duties; or (2731)

(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: (2732)

(A) in the actual discharge of official duties as an employee or agent of the department; or (2733)

(B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. (2734)

(c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property. (2735)

(d) An offense under this section is a Class A misdemeanor. (2736)

(e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. (2737)

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. (2738)

Amended by: (2739)

Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3J.02, eff. September 1, 2009. (2740)

Sec. 31.12. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. (2741)(1-click HTML)

(a) A person commits an offense if, without the authorization of the multichannel video or information services provider, the person intentionally or knowingly: (2742)

(1) makes or maintains a connection, whether physically, electrically, electronically, or inductively, to: (2743)

(A) a cable, wire, or other component of or media attached to a multichannel video or information services system; or (2744)

(B) a television set, videotape recorder, or other receiver attached to a multichannel video or information system; (2745)

(2) attaches, causes to be attached, or maintains the attachment of a device to: (2746)

(A) a cable, wire, or other component of or media attached to a multichannel video or information services system; or (2747)

(B) a television set, videotape recorder, or other receiver attached to a multichannel video or information services system; (2748)

(3) tampers with, modifies, or maintains a modification to a device installed by a multichannel video or information services provider; or (2749)

(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. (2750)

(b) In this section: (2751)

(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. (2752)

(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. (2753)

(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. (2754)

(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. (2755)

(d) An offense under this section is a Class C misdemeanor unless it is shown on the trial of the offense that the actor: (2756)

(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 (2757)

(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. (2758)

(e) For the purposes of this section, each connection, attachment, modification, or act of tampering is a separate offense. (2759)

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. (2760)

Sec. 31.13. MANUFACTURE, DISTRIBUTION, OR ADVERTISEMENT OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. (2761)(1-click HTML)

(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. (2762)

(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. (2763)

(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. (2764)

(d) An offense under this section is a Class A misdemeanor. (2765)

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. (2766)

Sec. 31.14. SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. (2767)(1-click HTML)

(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. (2768)

(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. (2769)

(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. (2770)

(d) An offense under this section is a Class A misdemeanor. (2771)

Added by Acts 1999, 76th Leg., ch. 858, Sec. 3, eff. Sept. 1, 1999. (2772)

Sec. 31.15. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. (2773)(1-click HTML)

(2774)

(a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 323, Sec. 4, eff. September 1, 2011. (2775)

(b) A person commits an offense if, with the intent to use the instrument to commit theft, the person: (2776)

(1) possesses a shielding or deactivation instrument; or (2777)

(2) knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument. (2778)

(c) An offense under this section is a Class A misdemeanor. (2779)

Added by Acts 2001, 77th Leg., ch. 109, Sec. 1, eff. Sept. 1, 2001. (2780)

Amended by: (2781)

Acts 2011, 82nd Leg., R.S., Ch. 323 (H.B. 2482), Sec. 4, eff. September 1, 2011. (2782)

Sec. 31.16. ORGANIZED RETAIL THEFT. (2783)(1-click HTML)

(a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 323, Sec. 4, eff. September 1, 2011. (2784)

(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: (2785)

(1) stolen retail merchandise; or (2786)

(2) merchandise explicitly represented to the person as being stolen retail merchandise. (2787)

(c) An offense under this section is: (2788)

(1) a Class C misdemeanor if the total value of the merchandise involved in the activity is less than $100; (2789)

(2) a Class B misdemeanor if the total value of the merchandise involved in the activity is $100 or more but less than $750; (2790)

(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; (2791)

(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; (2792)

(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; (2793)

(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 (2794)

(7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. (2795)

(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: (2796)

(1) the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b); or (2797)

(2) during the commission of the offense, a person engaged in an activity described by Subsection (b) intentionally, knowingly, or recklessly: (2798)

(A) caused a fire exit alarm to sound or otherwise become activated; (2799)

(B) deactivated or otherwise prevented a fire exit alarm or retail theft detector from sounding; or (2800)

(C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. (2801)

(e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 323, Sec. 4, eff. September 1, 2011. (2802)

Added by Acts 2007, 80th Leg., R.S., Ch. 1274 (H.B. 3584), Sec. 1, eff. September 1, 2007. (2803)

Amended by: (2804)

Acts 2011, 82nd Leg., R.S., Ch. 323 (H.B. 2482), Sec. 3, eff. September 1, 2011. (2805)

Acts 2011, 82nd Leg., R.S., Ch. 323 (H.B. 2482), Sec. 4, eff. September 1, 2011. (2806)

Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 13, eff. September 1, 2015. (2807)

Sec. 31.17. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. (2808)(1-click HTML)

(a) In this section: (2809)

(1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. (2810)

(2) "Credit card" and "debit card" have the meanings assigned by Section 32.31. (2811)

(3) "Financial sight order or payment card information" means financial information that is: (2812)

(A) contained on either side of a check or similar sight order, check card, debit card, or credit card; or (2813)

(B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. (2814)

(b) A person commits an offense if the person, knowing that the person is not entitled to obtain or possess that financial information: (2815)

(1) obtains the financial sight order or payment card information of another by use of an electronic, photographic, visual imaging, recording, or other device capable of accessing, reading, recording, capturing, copying, imaging, scanning, reproducing, or storing in any manner the financial sight order or payment card information; or (2816)

(2) transfers to a third party information obtained as described by Subdivision (1). (2817)

(c) An offense under Subsection (b)(1) is a Class B misdemeanor. An offense under Subsection (b)(2) is a Class A misdemeanor. (2818)

(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law. (2819)

Added by Acts 2011, 82nd Leg., R.S., Ch. 260 (H.B. 1215), Sec. 1, eff. September 1, 2011. (2820)

Sec. 31.18. CARGO THEFT. (2821)(1-click HTML)

(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)

Sec. 31.19. THEFT OF PETROLEUM PRODUCT. (2848)(1-click HTML)

(a) In this section, "petroleum product" means crude oil, natural gas, or condensate. (2849)

(b) A person commits an offense if the person unlawfully appropriates a petroleum product with intent to deprive the owner of the petroleum product by: (2850)

(1) possessing, removing, delivering, receiving, purchasing, selling, moving, concealing, or transporting the petroleum product; or (2851)

(2) making or causing a connection to be made with, or drilling or tapping or causing a hole to be drilled or tapped in, a pipe, pipeline, or tank used to store or transport a petroleum product. (2852)

(c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. (2853)

(d) An offense under this section is: (2854)

(1) a state jail felony if the total value of the petroleum product appropriated is less than $10,000; (2855)

(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; (2856)

  

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