Texas Theft Laws

If you're looking for a Texas online shoplifting class, it's important to know your Texas theft laws. This can help you understand more about your offense.

Please note that the Texas theft laws shown on this page are to help you to understand your local Texas theft, shoplifting and stealing laws. While we have tried to show the most up-to-date version of Texas theft laws, we do not guarantee its accuracy. This page is not a substitute for legal advice from an attorney. We suggest that you find an appropriate attorney for more information about Texas theft laws.

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Sec. 31.01. DEFINITIONS.

(1) Deception:

-Saying or doing something that creates a false impression about the law or facts, likely to affect someone's judgment in a deal, and the person saying or doing it doesn't believe it's true.

-Not correcting a false impression previously made, preventing someone from getting important information, selling property without revealing legal issues, or making a promise you don't intend to keep.

(2) Deprive:

Keeping property from the owner so long that its value or enjoyment is significantly lost.
Returning property only if a reward is paid or disposing of it in a way that makes it hard for the owner to get it back.

(3) Effective Consent:

Permission that is legally valid.
Not valid if obtained through deception or coercion, given by someone not legally authorized, given by someone incapable due to age, mental issues, intoxication, or solely to catch someone committing a crime.

(4) Appropriate:

Taking control of or transferring non-possessory interest in property, whether for oneself or another.

(5) Property:

Real property (land), tangible or intangible personal property (including things separated from land), or documents (like money) representing something of value.

(6) Service:

Labor, professional services, telecommunications, public utility, transportation, lodging, restaurant service, entertainment, or supplying a motor vehicle or other property for use.

(7) Steal:

Acquiring property or services through theft.

(8) Certificate of Title:

Refers to a document defining ownership, typically for vehicles.

(9) Used or Secondhand Motor Vehicle:

Refers to a pre-owned vehicle.

(10) Elderly Individual:

Refers to a person meeting the definition of an elderly individual as per Section 22.04(c).

Sec. 31.02. CONSOLIDATION OF THEFT OFFENSES.

Section 31.03 combines various theft-related offenses into one single offense. This includes acts like theft, using false reasons to steal, taking property from someone, shoplifting, acquiring property by threatening someone, fraudulent activities, embezzlement, extortion, and handling stolen or embezzled property. Instead of treating each of these separately, they are now considered under one umbrella offense called theft.

Sec. 31.03. THEFT.

In simple terms, Section 31.03 defines the crime of theft. A person commits theft if they wrongfully take someone's property with the intention of permanently depriving the owner of it. Unlawful appropriation includes actions without the owner's consent, taking stolen property knowingly, or taking property explicitly represented by law enforcement as stolen. The severity of the offense depends on the value of the stolen property, ranging from a Class C misdemeanor for lower values to a felony of the first degree for higher values or specific circumstances, like stealing from an elderly person or a nonprofit organization. The law also considers factors like the defendant's previous convictions and their relationship with the government or Medicare provider status. The section also addresses the theft of specific items like livestock, firearms, or restricted-use pesticides. The Attorney General can prosecute offenses involving the state Medicaid program with the consent of the local prosecutor.

Sec. 31.04. THEFT OF SERVICE.

In simple terms, Section 31.04 defines the crime of theft of service. A person commits this offense if they intentionally avoid paying for a service they know is provided for compensation by:

Deception, threat, or false token.
Diverting services they have control over to benefit themselves or others not entitled to them.
Holding personal property under a rental agreement beyond the agreed period without the owner's consent, depriving the owner of its use.
Agreeing to compensate for a service, receiving it, and then failing to make payment after receiving notice demanding payment.

The law presumes an intent to avoid payment in certain situations, such as absconding without paying or failing to pay after receiving notice. The offense's severity depends on the value of the stolen service, ranging from a Class C misdemeanor for lower values to a felony of the first degree for higher values. The law allows defenses, such as presenting a post-dated check, provided it was presented for payment before the specified date. The section also emphasizes reporting rental vehicle violations to law enforcement and compliance with notice requirements.

Sec. 31.06. PRESUMPTION FOR THEFT BY CHECK.

In simpler terms, Section 31.06 discusses the presumption of theft by check. If someone issues a check for payment and it bounces due to insufficient funds, it is considered evidence of their intent to commit theft. The presumption applies if:

The issuer had no account when the check was issued.
The payment was refused within 30 days, and the issuer didn't pay in full within 10 days after receiving notice.

The law allows different forms of notice, including written notices sent by mail, and contains a specific statement demanding payment. If a check is stopped, payment is refused, notice is given, and the issuer fails to pay or return the property within 10 days after receiving the demand, it's presumed that they intended to commit theft. The law also clarifies that the prosecution can establish intent through direct evidence, partial restitution doesn't negate the presumption, and the presumption applies unless it's a postdated check.

Sec. 31.07. UNAUTHORIZED USE OF A VEHICLE.

It an offense for a person to intentionally or knowingly operate someone else's boat, airplane, or motor-propelled vehicle without the owner's consent. This offense is considered a state jail felony.

Sec. 31.08. VALUE.

Value Definition: The value of stolen property or services is determined by the fair market value at the time and place of the offense. If fair market value is unclear, it's assessed by the cost of replacing the property within a reasonable time after the theft.
Documents Value: For documents without a clear market value, like debt evidence, the value is the amount due and collectible at maturity or the greatest economic loss the owner might suffer due to the loss of the document.
Unascertainable Value: If the value of property or service can't be reasonably determined by the above criteria, it is considered to have a value between $500 and $1,500.
Consideration or Legal Interest Deduction: If the person accused can prove they provided consideration for or had a legal interest in the stolen property or service, that amount is subtracted from the determined value to establish the value for legal purposes.

Sec. 31.09. AGGREGATION OF AMOUNTS INVOLVED IN THEFT.

If someone engages in theft through a single plan or ongoing actions, whether from one or multiple sources, the law considers it as one offense. The total amounts involved are combined to determine the severity of the offense.

Sec. 31.10. ACTOR'S INTEREST IN PROPERTY.

It's not a valid defense in a theft prosecution to claim that the person accused has some interest in the stolen property. If someone else has the exclusive right to possess the property, the actor's claim of having an interest doesn't excuse the theft.

Sec. 31.11. TAMPERING WITH IDENTIFICATION NUMBERS.

It's a crime if someone intentionally removes, changes, or erases the serial number or any permanent identification mark on personal property. It's also an offense if someone possesses, sells, or offers for sale property knowing that the identification mark has been tampered with or if a reasonable person in their position should have known about it. There are defenses if the person is the owner or acting with the owner's consent, a peace officer on official duty, or complying with regulations related to vehicle identification numbers. The offense is treated seriously, like stealing, and is classified as a Class A misdemeanor. "Vehicle" here refers to what is defined in the Transportation Code.

Sec. 31.12. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES.

It's a crime if someone intentionally and without authorization:

Connects to or attaches devices to components of a multichannel video or information services system (like cable TV).
Tampers with or modifies devices installed by the service provider.
Uses unauthorized access devices to get services from the provider.

In this law:

Access device, connection, and device: These terms refer to things designed to understand signals from multichannel video or information services providers.
Encrypted, encoded, scrambled, or other nonstandard signal: It means signals not meant to be understood without specific devices or information from the service provider.
Multichannel video or information services provider: This includes licensed cable TV, satellite, or other systems offering video or information services.

The law doesn't ban legal satellite antennas. The offense is a Class C misdemeanor, but it can be more serious (Class B or A) for repeat offenders or those doing it for money. Each action (connection, attachment, modification, or tampering) is a separate offense.

Sec. 31.13. MANUFACTURE, DISTRIBUTION, OR ADVERTISEMENT OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE.

It's a crime to make, sell, modify, or advertise devices intending to help commit an offense under Section 31.12 (tampering with video services).
This includes things designed to decode signals from multichannel video services providers.
Offense level: Class A misdemeanor.

Sec. 31.14. SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE.

It's a crime to sell or lease devices intended to aid in committing an offense under Section 31.12 (tampering with video services).
Similar terms as in Section 31.13 apply.
Offense level: Class A misdemeanor.

Sec. 31.15. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT.

It's a crime to possess or make tools intending to use them for theft, specifically to evade retail theft detectors.
Offense level: Class A misdemeanor.

Sec. 31.16. ORGANIZED RETAIL THEFT.

It's a crime to be involved in an activity where the person receives, possesses, sells, or disposes of stolen retail merchandise, or items presented as stolen.
Offense levels vary based on the total value of merchandise involved.
If the person organized, supervised, financed, or managed others in the activity, the offense level is increased.
If, during the offense, the person intentionally caused an alarm to sound or be activated to create a distraction, the offense level is increased.

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Texas Theft and Shoplifting Laws