The Texas Penal Code defines theft, its classifications, and the associated penalties. The law outlines what actions constitute theft and determines the severity of the offense based on specific factors.
What Constitutes Theft Under Texas Law
Texas Penal Code §31.03 defines theft as the unlawful appropriation of property with the intent to deprive the owner of it. The first element is “unlawful appropriation,” meaning exercising control over property, from physical goods to services, without the owner’s consent.
The second element is the “intent to deprive the owner of property.” This means the person intended to permanently withhold the property or keep it for so long that a major portion of its value or enjoyment is lost to the owner. This intent separates theft from a simple misunderstanding.
Finally, the appropriation must be “without the owner’s effective consent.” Consent is not effective if obtained through deception or coercion. For instance, tricking someone into giving up property under false pretenses means the consent is invalid, and the act constitutes theft.
How Texas Law Classifies Theft Based on Value
The severity of a theft offense in Texas is determined by the monetary value of the stolen property or services. The law establishes a tiered system that classifies theft from a misdemeanor to a first-degree felony based on value thresholds.
A Class C misdemeanor applies when the value of the stolen property is less than $100. A Class B misdemeanor involves property valued at $100 or more but less than $750. If the value is $750 or more but less than $2,500, the offense is a Class A misdemeanor.
The classifications escalate to felonies for higher-value thefts. A state jail felony occurs when the value is $2,500 or more but less than $30,000. Theft of property valued at $30,000 or more but less than $150,000 is a third-degree felony. A second-degree felony applies to thefts valued at $150,000 or more but less than $300,000, and a first-degree felony is for thefts of $300,000 or more. The law also allows for aggregating values from multiple thefts if they are part of a single scheme.
Potential Penalties for Different Theft Classifications
The penalties for theft in Texas correspond to the offense classifications. For a Class C misdemeanor, the penalty is a fine not to exceed $500.
A Class B misdemeanor is punishable by up to 180 days in jail, a fine of up to $2,000, or both. For a Class A misdemeanor, penalties increase to up to one year in jail, a fine of up to $4,000, or both.1Texas Public Law. Texas Penal Code Section 12.21 – Class a Misdemeanor
A state jail felony carries a sentence of 180 days to two years in a state jail facility and a fine of up to $10,000. A third-degree felony is punishable by two to ten years in prison and a fine of up to $10,000. A second-degree felony can result in a prison sentence of two to twenty years and a fine of up to $10,000, while a first-degree felony can lead to a sentence of five to 99 years or life in prison and a fine of up to $10,000.2Texas Public Law. Texas Penal Code Section 12.32 – First Degree Felony Punishment
Commonly Encountered Forms of Theft in Texas
One common offense is Theft of Service, defined in Texas Penal Code §31.04.3Texas Public Law. Texas Penal Code Section 31.04 – Theft of Service This occurs when a person intentionally obtains a service by deception or threat with the intent to avoid payment. An example is leaving a restaurant without paying, where the law presumes intent to avoid payment.
Theft by Check, covered under Texas Penal Code §31.06, involves writing a check while knowing there are insufficient funds to cover it.4Texas Public Law. Texas Penal Code Section 31.06 – Presumption for Theft by Check or Similar Sight Order For this charge to apply, the recipient must provide the issuer with a notice of non-payment, and the issuer must fail to pay the amount due within 10 days of receiving notice.
Shoplifting is the term for theft from a retail store. While Texas has no specific “shoplifting” statute, this act is prosecuted under the general theft statute. The penalties are determined by the value of the stolen merchandise.
Circumstances That Can Increase Theft Penalties
Beyond the property’s value, certain circumstances can elevate a theft charge. Having two or more prior theft convictions can enhance a subsequent theft charge to a state jail felony.
The victim’s status can also increase penalties. If the victim is an elderly individual (65 years or older), the offense level is increased by one degree. For example, a Class A misdemeanor theft from an elderly person would be charged as a state jail felony. Theft from a non-profit organization can also result in enhanced charges.
The type of property stolen can also impact the charge’s severity. The theft of a firearm is automatically a state jail felony, regardless of its value.5Texas Public Law. Texas Penal Code Section 31.03 – Theft Theft committed during a declared state of disaster, such as a hurricane, can also lead to enhanced penalties.6Texas Public Law. Texas Penal Code Section 12.50 – Penalty if Offense Committed in Disaster Area or Evacuated Area