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Theft and theft of service
Summary of the topic
Chapter 31 consolidates the old acquisitive offenses into one offense of theft. Section 31.03(a) states it in a single sentence: a person commits theft by unlawfully appropriating property with intent to deprive the owner of it. Everything else in the topic is definition and grading, and the definitions in section 31.01 decide most close cases. To appropriate is to bring about a transfer of title or another non-possessory interest, or to acquire or exercise control over property other than real property. To deprive is to withhold property permanently or for so long that a major portion of its value or enjoyment is lost, to restore it only for a reward, or to dispose of it so that recovery is unlikely.
Section 31.03(b) gives three ways an appropriation is unlawful. It is without the owner's effective consent, or the property is stolen and the actor knows it, or the property was represented by a law enforcement agent as stolen and the actor believes it was. Consent is not effective if it is induced by deception or coercion, given by a person the actor knows is not authorized to act for the owner, or given by a person the actor knows to be unable to make reasonable property decisions.
The value ladder in section 31.03(e) sets the grade. Property under $100 is a Class C misdemeanor, $100 to under $750 is Class B, and $750 to under $2,500 is Class A. From $2,500 to under $30,000 it is a state jail felony, from $30,000 to under $150,000 a third degree felony, from $150,000 to under $300,000 a second degree felony, and $300,000 or more a first degree felony. Some property is graded regardless of value, including a firearm and property stolen from the person of another, and subsection (f) raises the grade by one category for certain actors and victims, such as a public servant or an elderly victim.
Section 31.03(c) supplies presumptions about dealers in second-hand goods who fail to keep the required records for purchases of $25 or more. Section 31.04 applies the same idea to services. A person commits theft of service by securing a service by deception, threat or false token, by diverting another's services, by holding rental property beyond the rental period, or by agreeing to pay and then failing to pay after notice. The section presumes intent to avoid payment in listed situations, such as leaving a restaurant or hotel without paying, and it uses the same seven value bands. Section 31.09 allows amounts obtained under one scheme or continuing course of conduct to be added together to fix the grade.
Provisions this topic covers
- Tex. Penal Code secs. 31.01, 31.03, 31.04 and 31.09
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