15, eff. (d-1) For purposes of Subsection (a)(2), the diversion of services to the benefit of a person who is not entitled to those services includes the disposition of personal property by an actor having control of the property under an agreement described by Subsections (d-2)(1)-(3), if the actor disposes of the property in violation of the terms of the agreement and to the benefit of any person who is not entitled to the property. Sec. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, ch. 1, eff. (b) Appropriation of property is unlawful if: (1) it is without the owner's effective consent; (2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. September 1, 2011. 2.136, eff. Sec. Acts 2013, 83rd Leg., R.S., Ch. (B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo. who dismantled the motor vehicle from which the part was obtained; (B)fails on receipt of a motor vehicle to obtain a certificate of authority, sales 1, eff. September 1, 2007. (b) It is an affirmative defense to prosecution under this section that the person was: (1) the owner or acting with the effective consent of the owner of the property involved; (2) a peace officer acting in the actual discharge of official duties; or. (d-3) For purposes of Subsection (a)(4): (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; (2) the partial payment of wages alone is not sufficient evidence to negate the actor's intent to avoid payment for a service; and. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. 1 (B) has been left to be collected for delivery by a common carrier or delivery service. 165, Sec. 858, Sec. 31.14. Acts 2009, 81st Leg., R.S., Ch. (d) An offense under this section is a Class A misdemeanor. 3097), Sec. (e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. Acts 2009, 81st Leg., R.S., Ch. MAIL THEFT. 399, Sec. (f) If the actor obtained property by issuing or passing a check or similar sight order for the payment of money, the actor's intent to deprive the owner of the property under Section 31.03 (Theft) is presumed, except in the case of a postdated check or order, if: (1) the actor ordered the bank or other drawee to stop payment on the check or order; (2) the bank or drawee refused payment to the holder on presentation of the check or order within 30 days after issue; (3) the owner gave the actor notice of the refusal of payment and made a demand to the actor for payment or return of the property; and, (A) pay the holder within 10 days after receiving the demand for payment; or. 191, Sec. (7) a felony of the first degree if the value of the property stolen is $300,000 or more. June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch. 2, 3, eff. 4, eff. Amended by Acts 1991, 72nd Leg., ch. Under Texas Penal Code 22.04 (a), a person commits the offense of injury to a child, elderly individual, or disabled individual if they cause a serious bodily injury, serious mental deficiency, impairment, or injury, or bodily injury to a child, elderly individual, or disabled individual. (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. Sept. 1, 1999. Acts 1973, 63rd Leg., p. 883, ch. It is the express intent of this provision that the presumption arises unless the actor complies with each of the numbered requirements; (4) for the purposes of Subdivision (3)(A), "identification number" means driver's license number, military identification number, identification certificate, or other official number capable of identifying an individual; (5) stolen property does not lose its character as stolen when recovered by any law enforcement agency; (6) an actor engaged in the business of obtaining abandoned or wrecked motor vehicles or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, rebuilding, demolition, or other form of salvage is presumed to know on receipt by the actor of stolen property that the property has been previously stolen from another if the actor knowingly or recklessly: (A) fails to maintain an accurate and legible inventory of each motor vehicle component part purchased by or delivered to the actor, including the date of purchase or delivery, the name, age, address, sex, and driver's license number of the seller or person making the delivery, the license plate number of the motor vehicle in which the part was delivered, a complete description of the part, and the vehicle identification number of the motor vehicle from which the part was removed, or in lieu of maintaining an inventory, fails to record the name and certificate of inventory number of the person who dismantled the motor vehicle from which the part was obtained; (B) fails on receipt of a motor vehicle to obtain a certificate of authority, sales receipt, or transfer document as required by Chapter 683, Transportation Code, or a certificate of title showing that the motor vehicle is not subject to a lien or that all recorded liens on the motor vehicle have been released; or. having an aggregate value of less than $150,000; or. (a) A person commits an offense if the person: (1) knowingly or intentionally removes, alters, or obliterates the serial number or other permanent identification marking on tangible personal property; or. came into the actor's custody, possession, or control by virtue of his status as a If found guilty of a Class C misdemeanor, the offender faces a maximum fine of $500. (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. 1766), Sec. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. the actor of stolen property that the property has been previously stolen from another TERRITORIAL JURISDICTION Sec. Sec. Section 152.175) and in effect on that date. Chapter 31 of the Texas Penal Code governs the crime of THEFT in Texas. 4, 5, eff. Theft is a Class C misdemeanor if the property stolen is worth less than $100. 843, Sec. maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, (3) communicates or transmits a trade secret. Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, ch. 1.01, eff. SHORT TITLE Sec. Class C misdemeanor. listed in the rules adopted under that section (4 TAC Section 7.24) as that section existed on that date. (C)the property stolen is a driver's license, commercial driver's license, or personal Example: Joe owns a pawn shop. 31.04. Acts 2015, 84th Leg., R.S., Ch. OBJECTIVES OF CODE Sec. PREEMPTION Sec. Acts 1973, 63rd Leg., p. 883, ch. Acts 2011, 82nd Leg., R.S., Ch. (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. (c) An offense under this section is a Class A misdemeanor. 257, Sec. September 1, 2009. Aug. 28, 1995; Acts 1999, 76th Leg., ch. (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. Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. If the value of the property stolen is worth $100 or more, but less than $750, it's a Class B misdemeanor. 432, Sec. (i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. 198, Sec. 565, Sec. Tex. Appropriation of property is unlawful if: it is without the owner's effective consent; the property is stolen and the actor appropriates the property knowing it was stolen by another; or 10, eff. or evidence of title delivered to the actor in accordance with Subchapter D, Chapter An offense under Subsection (b)(2) is a Class A misdemeanor. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. offense and the property appropriated came into the actor's custody, possession, or 323 (H.B. public servant; (2)the actor was in a contractual relationship with government at the time of the Added by Acts 1999, 76th Leg., ch. Id. (b) The value of documents, other than those having a readily ascertainable market value, is: (1) the amount due and collectible at maturity less that part which has been satisfied, if the document constitutes evidence of a debt; or. was of a type that would encourage a person predisposed to commit the offense to actually the property believing it was stolen by another. In the past, package theft was prosecuted under Texas Penal Code 31.03, which states that if you take property that does not belong to you, without consent or permission of the owner and without other legal justification, and have no intention of giving it back, it constitutes theft. 1396), Sec. enforcement agency; (6)an actor engaged in the business of obtaining abandoned or wrecked motor vehicles 3584), Sec. 70 (H.B. Sept. 1, 1989; Acts 1989, 71st Leg., ch. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. stolen by another; or. (2) "Identifying information" has the meaning assigned by Section 32.51 (Fraudulent Use or Possession of Identifying Information). September 1, 2011. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. received the motor vehicle, the registration license receipt and certificate of title 2, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 7.01, eff. September 1, 2017. (a) (1) A certified peace officer shall have their certification revoked if the person is or has become ineligible to hold office as a peace officer pursuant to Section 1029 of the Government Code. (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. (e) Partial restitution does not preclude the presumption of the requisite intent under this section.
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