Theft charges in Texas can lead to serious consequences, affecting a person’s criminal record and future. It’s important to understand how Texas law handles theft, whether it’s shoplifting, embezzlement, or other forms of unlawful taking, especially if you’re facing accusations or just want to be informed.
Texas laws define theft-related offenses and their penalties, which change based on several factors. This article will cover the main aspects of theft under Texas law.
Elements of Theft
Under Texas Penal Code Section 31.03, theft involves unlawfully taking property with the intent to deprive the owner of it.1Justia Law. Texas Penal Code Section 31.03 (2024) – Theft This single crime now covers older offenses like embezzlement and shoplifting.
Appropriation means taking control over property. This act is unlawful if done without the owner’s effective consent. It’s also unlawful if the person takes property knowing it was stolen, or if they take property that law enforcement has presented as stolen and the person believes it to be stolen.
Effective consent is a key part of theft law. Consent is not effective if it’s obtained through deception or coercion. It’s also not effective if given by someone the actor knows doesn’t have the legal authority to consent for the owner, or by someone whose ability to make reasonable decisions about the property is impaired (due to youth, mental condition, or intoxication) and the actor is aware of this impairment. Deception can involve creating false impressions, not correcting them, hiding relevant information, or making promises the actor doesn’t plan to keep.
The intent to deprive the owner of the property is also required. To deprive means to withhold property permanently or for so long that the owner loses a major part of its value or enjoyment, or to dispose of it in a way that makes recovery unlikely.
Property, under Texas theft laws, includes real property, tangible and intangible personal property, and documents of value like money.2Justia Law. Texas Penal Code Section 31.01 (2023) – Definitions Texas law also covers theft of services, which means obtaining services through deception, threat, or false token, or diverting services without authorization to avoid payment.3Public.Law. Texas Penal Code Section 31.04 – Theft of Service
Classification of Theft Offenses
Texas law classifies theft offenses mainly by the monetary value of the stolen property or services. This value directly impacts how serious the charge is.
The classifications are:
- Less than $100: Class C misdemeanor
- $100 to less than $750: Class B misdemeanor
- $750 to less than $2,500: Class A misdemeanor
- $2,500 to less than $30,000: State jail felony
- $30,000 to less than $150,000: Third-degree felony
- $150,000 to less than $300,000: Second-degree felony
- $300,000 or more: First-degree felony
Some situations or types of property can change the offense classification, regardless of value. For example, stealing a firearm is automatically a state jail felony. Theft from a person, a human corpse, or a grave can also lead to more serious charges. Similarly, theft by a public servant misusing their position, or theft of certain metals like aluminum, bronze, copper, or brass (if valued less than $20,000), can result in specific felony charges based on the circumstances.
Potential Criminal Consequences
The criminal consequences for theft in Texas match the offense’s classification, which is mainly set by the value of the stolen property. Penalties are detailed in Texas Penal Code Chapter 12 and range from fines to prison sentences.
The potential penalties are:
- Class C misdemeanor (under $100): Fine up to $500.
- Class B misdemeanor ($100 to less than $750): Fine up to $2,000, jail up to 180 days, or both.
- Class A misdemeanor ($750 to less than $2,500): Fine up to $4,000, jail up to one year, or both.
- State jail felony ($2,500 to less than $30,000): 180 days to two years in a state jail, and a possible fine up to $10,000.
- Third-degree felony ($30,000 to less than $150,000): 2 to 10 years in prison, and a potential $10,000 fine.
- Second-degree felony ($150,000 to less than $300,000): 2 to 20 years in prison, and a possible $10,000 fine.
- First-degree felony ($300,000 or more): 5 to 99 years or life in prison, and a potential $10,000 fine.4Texas Constitution and Statutes. Texas Penal Code Chapter 12. Punishments
Texas law also allows for increased penalties for repeat offenders. Prior felony convictions can lead to more severe punishments for new felonies.5Public.Law. Texas Penal Code Section 12.42 – Penalties for Repeat and Habitual Felony Offenders For instance, a state jail felony can be enhanced if the defendant has previous felony convictions or used a deadly weapon during the crime.
Civil Liability for Theft
Victims of theft in Texas can also pursue civil lawsuits against the person who committed the theft. The main law for this is the Texas Theft Liability Act (TTLA), found in Texas Civil Practice and Remedies Code Chapter 134.6Texas Constitution and Statutes. Texas Civil Practice and Remedies Code Chapter 134. Texas Theft Liability Act This Act allows those who have suffered damages from theft to sue for recovery.
Under the TTLA, a person who successfully sues for theft can recover their actual damages and may also be awarded additional damages up to $1,000.7Justia Law. Texas Civil Practice and Remedies Code Section 134.005 (2024) – Recovery The TTLA also states that the winning party in the lawsuit is entitled to recover court costs and reasonable attorney’s fees.
Victims might also consider other civil claims, such as conversion, which involves the unauthorized control over someone else’s personal property.
In some cases, victims may be able to seek exemplary damages, also known as punitive damages, under Texas Civil Practice and Remedies Code Chapter 41.8Texas Constitution and Statutes. Texas Civil Practice and Remedies Code Chapter 41. Damages These damages are intended to punish defendants for particularly bad conduct and to discourage similar actions in the future. To get exemplary damages, there usually needs to be clear evidence of fraud, malice, or gross negligence.
Possible Defenses
People accused of theft in Texas have several possible defenses. A main defense strategy is to challenge whether the prosecution can prove all parts of the theft offense—such as unlawful appropriation and intent to deprive—beyond a reasonable doubt. If the accused genuinely believed they had a right to the property (a claim of right), this could show they didn’t intend to deprive the owner.
Another defense focuses on consent. If the accused reasonably believed they had valid permission from the owner, this could counter the claim that the appropriation was unlawful. A misunderstanding about permission could support this.
Mistake of fact, under Texas Penal Code Section 8.02, is a defense if the accused mistakenly believed something that, if true, would mean they didn’t have the necessary criminal intent.9Justia Law. Texas Penal Code Section 8.02 (2024) – Mistake of Fact For instance, mistakenly thinking property was their own or abandoned could negate the intent to deprive. This mistake must be about a fact, not the law, and the belief must be reasonable.
Entrapment, though less common (Texas Penal Code Section 8.06), can be a defense if a law enforcement agent induced the person to commit the crime through persuasion that would likely cause an offense, and the idea for the crime originated with law enforcement, not the accused. Simply providing an opportunity to commit a crime is not entrapment.
Disputing the value of the stolen property can also be a defense. While this might not clear the accused of theft entirely if some value is proven, it could lower the offense classification and reduce penalties. The prosecution must prove the property’s fair market value.10Public.Law. Texas Penal Code Section 31.08 – Value
Lastly, a defense can be built on a lack of evidence proving the accused is the person who committed the theft. The state must prove the defendant’s identity beyond a reasonable doubt, and evidence like an alibi or lack of physical evidence can support this defense.