Texas Laws - Penal Code (pg. 78)
Sec. 31.18. Cargo Theft.

pg. 78

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

(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⁾(Text)

(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⁾(Text)

(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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