TEXAS PENAL CODE
CHAPTER 31. THEFT
Sec. 31.01. DEFINITIONS. In this chapter:
(1) "Deception" means:
(A) creating or confirming by words or conduct a false impression of law or fact that is
likely to affect the judgment of another in the transaction, and that the actor does not
believe to be true;
(B) failing to correct a false impression of law or fact that is likely to affect the judgment
of another in the transaction, that the actor previously created or confirmed by words or
conduct, and that the actor does not now believe to be true;
(C) preventing another from acquiring information likely to affect his judgment in the
transaction;
(D) selling or otherwise transferring or encumbering property without disclosing a lien,
security interest, adverse claim, or other legal impediment to the enjoyment of the
property, whether the lien, security interest, claim, or impediment is or is not valid, or is
or is not a matter of official record; or
(E) promising performance that is likely to affect the judgment of another in the
transaction and that the actor does not intend to perform or knows will not be performed,
except that failure to perform the promise in issue without other evidence of intent or
knowledge is not sufficient proof that the actor did not intend to perform or knew the
promise would not be performed.
(2) "Deprive" means:
(A) to withhold property from the owner permanently or for so extended a period of time
that a major portion of the value or enjoyment of the property is lost to the owner;
(B) to restore property only upon payment of reward or other compensation; or
(C) to dispose of property in a manner that makes recovery of the property by the owner
unlikely.
(3) "Effective consent" includes consent by a person legally authorized to act for the
owner. Consent is not effective if:
(A) induced by deception or coercion;
(B) given by a person the actor knows is not legally authorized to act for the owner;
(C) given by a person who by reason of youth, mental disease or defect, or intoxication is
known by the actor to be unable to make reasonable property dispositions;
(D) given solely to detect the commission of an offense; or
(E) given by a person who by reason of advanced age is known by the actor to have a
diminished capacity to make informed and rational decisions about the reasonable
disposition of property.
(4) "Appropriate" means:
(A) to bring about a transfer or purported transfer of title to or other nonpossessory
interest in property, whether to the actor or another; or
(B) to acquire or otherwise exercise control over property other than real property.
(5) "Property" means:
(A) real property;
(B) tangible or intangible personal property including anything severed from land; or
(C) a document, including money, that represents or embodies anything of value.
(6) "Service" includes:
(A) labor and professional service;
(B) telecommunication, public utility, or transportation service;
(C) lodging, restaurant service, and entertainment; and
(D) the supply of a motor vehicle or other property for use.
(7) "Steal" means to acquire property or service by theft.
(8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation
Code.
(9) "Used or secondhand motor vehicle" means a used motor vehicle, as that term is
defined by Section 501.002, Transportation Code.
(10) "Elderly individual" has the meaning assigned by Section 22.04(c).
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.
Sec. 31.02. CONSOLIDATION OF THEFT OFFENSES. 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.
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.
Sec. 31.03. THEFT. (a) A person commits an offense if he unlawfully appropriates
property with intent to deprive the owner of property.
(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
(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.
(c) For purposes of Subsection (b):
(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;
(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;
(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:
(A) fails to record the name, address, and physical description or identification number
of the seller or pledgor;
(B) fails to record a complete description of the property, including the serial number, if
reasonably available, or other identifying characteristics; or
(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;
(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
(C) fails on receipt of a motor vehicle to immediately remove an unexpired license plate
from the motor vehicle, to keep the plate in a secure and locked place, or to maintain an
inventory, on forms provided by the Texas Department of Transportation, of license
plates kept under this paragraph, including for each plate or set of plates the license plate
number and the make, motor number, and vehicle identification number of the motor
vehicle from which the plate was removed;
(7) an actor who purchases or receives a used or secondhand motor vehicle is presumed
to know on receipt by the actor of the motor vehicle that the motor vehicle has been
previously stolen from another if the actor knowingly or recklessly:
(A) fails to report to the Texas Department of Transportation the failure of the person
who sold or delivered the motor vehicle to the actor to deliver to the actor a properly
executed certificate of title to the motor vehicle at the time the motor vehicle was
delivered; or
CHAPTER 31. THEFT
Sec. 31.01. DEFINITIONS. In this chapter:
(1) "Deception" means:
(A) creating or confirming by words or conduct a false impression of law or fact that is
likely to affect the judgment of another in the transaction, and that the actor does not
believe to be true;
(B) failing to correct a false impression of law or fact that is likely to affect the judgment
of another in the transaction, that the actor previously created or confirmed by words or
conduct, and that the actor does not now believe to be true;
(C) preventing another from acquiring information likely to affect his judgment in the
transaction;
(D) selling or otherwise transferring or encumbering property without disclosing a lien,
security interest, adverse claim, or other legal impediment to the enjoyment of the
property, whether the lien, security interest, claim, or impediment is or is not valid, or is
or is not a matter of official record; or
(E) promising performance that is likely to affect the judgment of another in the
transaction and that the actor does not intend to perform or knows will not be performed,
except that failure to perform the promise in issue without other evidence of intent or
knowledge is not sufficient proof that the actor did not intend to perform or knew the
promise would not be performed.
(2) "Deprive" means:
(A) to withhold property from the owner permanently or for so extended a period of time
that a major portion of the value or enjoyment of the property is lost to the owner;
(B) to restore property only upon payment of reward or other compensation; or
(C) to dispose of property in a manner that makes recovery of the property by the owner
unlikely.
(3) "Effective consent" includes consent by a person legally authorized to act for the
owner. Consent is not effective if:
(A) induced by deception or coercion;
(B) given by a person the actor knows is not legally authorized to act for the owner;
(C) given by a person who by reason of youth, mental disease or defect, or intoxication is
known by the actor to be unable to make reasonable property dispositions;
(D) given solely to detect the commission of an offense; or
(E) given by a person who by reason of advanced age is known by the actor to have a
diminished capacity to make informed and rational decisions about the reasonable
disposition of property.
(4) "Appropriate" means:
(A) to bring about a transfer or purported transfer of title to or other nonpossessory
interest in property, whether to the actor or another; or
(B) to acquire or otherwise exercise control over property other than real property.
(5) "Property" means:
(A) real property;
(B) tangible or intangible personal property including anything severed from land; or
(C) a document, including money, that represents or embodies anything of value.
(6) "Service" includes:
(A) labor and professional service;
(B) telecommunication, public utility, or transportation service;
(C) lodging, restaurant service, and entertainment; and
(D) the supply of a motor vehicle or other property for use.
(7) "Steal" means to acquire property or service by theft.
(8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation
Code.
(9) "Used or secondhand motor vehicle" means a used motor vehicle, as that term is
defined by Section 501.002, Transportation Code.
(10) "Elderly individual" has the meaning assigned by Section 22.04(c).
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.
Sec. 31.02. CONSOLIDATION OF THEFT OFFENSES. 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.
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.
Sec. 31.03. THEFT. (a) A person commits an offense if he unlawfully appropriates
property with intent to deprive the owner of property.
(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
(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.
(c) For purposes of Subsection (b):
(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;
(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;
(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:
(A) fails to record the name, address, and physical description or identification number
of the seller or pledgor;
(B) fails to record a complete description of the property, including the serial number, if
reasonably available, or other identifying characteristics; or
(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;
(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
(C) fails on receipt of a motor vehicle to immediately remove an unexpired license plate
from the motor vehicle, to keep the plate in a secure and locked place, or to maintain an
inventory, on forms provided by the Texas Department of Transportation, of license
plates kept under this paragraph, including for each plate or set of plates the license plate
number and the make, motor number, and vehicle identification number of the motor
vehicle from which the plate was removed;
(7) an actor who purchases or receives a used or secondhand motor vehicle is presumed
to know on receipt by the actor of the motor vehicle that the motor vehicle has been
previously stolen from another if the actor knowingly or recklessly:
(A) fails to report to the Texas Department of Transportation the failure of the person
who sold or delivered the motor vehicle to the actor to deliver to the actor a properly
executed certificate of title to the motor vehicle at the time the motor vehicle was
delivered; or
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