Theft in Texas is a serious charge. If you face an accusation of a theft crime in Texas, it’s helpful to understand the range of laws and punishments for theft crimes in Texas.

If you need assistance with your Texas theft case, you should contact an experienced criminal defense lawyer today.

Theft crimes can include:

1. Issuing Bad Checks
2. Theft of Service
3. Dealing in Stolen Property
4. Shoplifting
5. Theft by deception or false pretenses

The ranges of punishment for these types of offense are determined by:

1. Value of the property taken (pecuniary loss) or
2. Type of property.

Appropriation Crimes in Texas

Appropriation means using something. In the case of theft crimes, that means using something inappropriately.

For example:

Appropriates without owner’s consent

— §31.03(a), (b)(1) Tex Penal Code

1. A person appropriates property
2. with intent to deprive the owner of property
3. without the owner’s effective consent

Appropriates stolen property

— §31.03(a), (b)(2) Tex Penal Code

1. A person
2. appropriates property
3. with intent to deprive the owner of property, and
4. the property is stolen, and
5. the actor appropriates the property knowing it was stolen by another

Appropriates property in custody of law enforcement

— §31.03(a), (b)(3) Tex Penal Code

1. A person
2. appropriates property
3. with intent to deprive the owner of property, and
4. the property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the agent as being stolen, and
5. the actor appropriates the property believing it was stolen by another

Punishment for appropriating crimes (pecuniary loss)

— §31.03(e) Tex Penal Code

$200,000 or more $100,000 – $199,999 $20,000 – $99,999 $1,500 – $19,999 $500 – $1,499 $50 – $499 Less than $50

1st Degree Felony 2nd Degree Felony 3rd Degree Felony State Jail Felony Class A Misdemeanor Class B Misdemeanor Class C Misdemeanor

Level of punishment

• 3rd Degree Felony, if:
  • Property is 10 or more head of cattle, horses, or exotic livestock, stolen during a single transaction and having an aggregate value of less than $100,000; or
  • Property is 100 or more head of sheep, swine, or goats stolen during a single transaction and having an aggregate value of less than $100,000
• State Jail Felony, if:
  • Property is less than 10 head of cattle, horses, or exotic livestock or exotic fowl with value less than $20,000;
  • Property is less than 100 head of sheep, swine, or goats with value less than $20,000;
  • Regardless of value, the property is stolen from the person of another [purse snatching or pick-pocketing] or from a human corpse or grave;
  • Property stolen is a firearm;
  • Value of the property stolen is less than $1,500 and the defendant has 2 or more previous convictions of theft;
  • The property stolen is an official ballot or official carrier envelope for an election;
g. the property stolen is wire or cable that consists of at least 50% aluminum, bronze, or copper and the value is less than $20,000

Theft of Service Crimes in Texas

By Deception, threat, or false token

— §31.04(a)(1) Tex Penal Code

1. A person
2. with intent to avoid payment for service that he know is provided only for compensation
3. intentionally or knowingly
4. secures performance of the service
5. By deception, threat, or false token

By diverting services

— §31.04(a)(2) Tex Penal Code

1. A person
2. with intent to avoid payment for service that he knows is provided only for compensation
3. having control over the disposition of services of another to which he is not entitled
4. intentionally or knowingly
5. diverts the other’s services to his own benefit or to the benefit of another not entitled to them

Rental agreement property

— §31.04(a)(3) Tex Penal Code

1. A person
2. with intent to avoid payment for service that he knows is provided only for compensation
3. having control of personal property under a written rental agreement
4. hold the property beyond the expiration of the rental period without the effective consent of the owner
5. thereby depriving the owner of the property of its use in further rentals

Agrees to provide compensation

— §31.04(a)(4) Tex Penal Code

1. A person
2. with intent to avoid payment for service that he knows is provided only for compensation
3. intentionally or knowingly
4. secures the performance of the service
5. by agreeing to provide compensation, and
6. after service is rendered
7. fails to make payment after receiving notice demanding payment

Punishment (pecuniary loss): §31.04(e) Tex Penal Code

$200,000 or more $100,000 – $199,999 $20,000 – $99,999 $1,500 – $19,999 $500 – $1,499 $20 – $499 Less than $20

1st Degree Felony 2nd Degree Felony 3rd Degree Felony State Jail Felony Class A Misdemeanor Class B Misdemeanor Class C Misdemeanor

Theft of Trade Secret

— §31.05 Tex Penal Code

1. A person
2. without the owner’s effective consent
3. knowingly
4. steals a trade secret
b. makes a copy of an article representing a trade secret, or
c. communicates or transmits a trade secret

Punishment: 3rd Degree Felony

Unauthorized Use of Vehicle (UUMV)

— §31.07 Tex Penal Code

1. A person
2. intentionally or knowingly
3. operates another’s boat, airplane, or motor-propelled  vehicle
4. without the effective consent of the owner

Punishment: State Jail Felony

Property crimes can include:

• Criminal Mischief
• Criminal Trespass
• Burglary
• Robbery

Contact the Tidwell Law Firm for Help with Your Theft Case

If you need the assistance of an experienced criminal defense lawyer, please contact us today.

At the Tidwell Law Firm, we are dedicated to providing quality legal representation to clients throughout the Dallas / Fort Worth (DFW) metroplex, including Dallas, Collin, Tarrant and Denton counties (Plano, McKinney, Allen, Arlington, Richardson, Carrollton, Grand Prarie, Irving, Southlake, Coppell, etc).