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Texas Laws | Penal Code

(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)


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)(Text)

(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)

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