Reasoning for consolidating theft offenses
(a) In this section:(1) "Cargo" means goods, as defined by Section 7.102, Business & Commerce Code, that constitute, wholly or partly, a commercial shipment of freight moving in commerce. (a) In this section, "petroleum product" means crude oil, natural gas, or condensate.(b) A person commits an offense if the person unlawfully appropriates a petroleum product with intent to deprive the owner of the petroleum product by:(1) possessing, removing, delivering, receiving, purchasing, selling, moving, concealing, or transporting the petroleum product; or(2) making or causing a connection to be made with, or drilling or tapping or causing a hole to be drilled or tapped in, a pipe, pipeline, or tank used to store or transport a petroleum product.(c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent.(d) An offense under this section is:(1) a state jail felony if the total value of the petroleum product appropriated is less than ,000;(2) a felony of the third degree if the total value of the petroleum product appropriated is ,000 or more but less than 0,000;(3) a felony of the second degree if the total value of the petroleum product appropriated is 0,000 or more but less than 0,000; or(4) a felony of the first degree if the total value of the petroleum product appropriated is 0,000 or more. (a) A person commits an offense if he intentionally or knowingly operates another's boat, airplane, or motor-propelled vehicle without the effective consent of the owner.(b) An offense under this section is a state jail felony. (a) Subject to the additional criteria of Subsections (b) and (c), value under this chapter is:(1) the fair market value of the property or service at the time and place of the offense; or(2) if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the theft.(b) The value of documents, other than those having a readily ascertainable market value, is:(1) the amount due and collectible at maturity less that part which has been satisfied, if the document constitutes evidence of a debt; or(2) the greatest amount of economic loss that the owner might reasonably suffer by virtue of loss of the document, if the document is other than evidence of a debt.(c) If property or service has value that cannot be reasonably ascertained by the criteria set forth in Subsections (a) and (b), the property or service is deemed to have a value of 0 or more but less than ,500.(d) If the actor proves by a preponderance of the evidence that he gave consideration for or had a legal interest in the property or service stolen, the amount of the consideration or the value of the interest so proven shall be deducted from the value of the property or service ascertained under Subsection (a), (b), or (c) to determine value for purposes of this chapter. 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 Motor Vehicles, 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 Motor Vehicles 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(B) fails to file with the county tax assessor-collector of the county in which the actor received the motor vehicle, not later than the 20th day after the date the actor received the motor vehicle, the registration license receipt and certificate of title or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 520, Transportation Code, at the time the motor vehicle was delivered;(8) an actor who purchases or receives from any source other than a licensed retailer or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide or a compound, mixture, or preparation containing a restricted-use or state-limited-use pesticide is presumed to know on receipt by the actor of the pesticide or compound, mixture, or preparation that the pesticide or compound, mixture, or preparation has been previously stolen from another if the actor:(A) fails to record the name, address, and physical description of the seller or pledgor;(B) fails to record a complete description of the amount and type of pesticide or compound, mixture, or preparation purchased or received; and(C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property; and(9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U. (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 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. Section 228b), that obtains livestock from a commission merchant by representing that the actor will make prompt payment is presumed to have induced the commission merchant's consent by deception if the actor fails to make full payment in accordance with Section 409, Packers and Stockyards Act (7 U.
(a) A person commits an offense if the person for remuneration intentionally or knowingly manufactures, assembles, modifies, imports into the state, exports out of the state, distributes, advertises, or offers for sale, with an intent to aid in the commission of an offense under Section 31.12, a device, a kit or part for a device, or a plan for a system of components wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried or caused by a multichannel video or information services provider.(b) In this section, "device," "encrypted, encoded, scrambled, or other nonstandard signal," and "multichannel video or information services provider" have the meanings assigned by Section 31.12.(c) This section does not prohibit the manufacture, distribution, advertisement, offer for sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law.(d) An offense under this section is a Class A misdemeanor. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise.(14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code. 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).(11) "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment.(12) "Retail theft detector" means an electrical, mechanical, electronic, or magnetic device used to prevent or detect shoplifting and includes any article or component part essential to the proper operation of the device.(13) "Shielding or deactivation instrument" means any item or tool designed, made, or adapted for the purpose of preventing the detection of stolen merchandise by a retail theft detector. When amounts are obtained in violation of this chapter pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the amounts aggregated in determining the grade of the offense. It is no defense to prosecution under this chapter that the actor has an interest in the property or service stolen if another person has the right of exclusive possession of the property.
Search for reasoning for consolidating theft offenses:
(a) For purposes of this section:(1) "Article" means any object, material, device, or substance or any copy thereof, including a writing, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map.(2) "Copy" means a facsimile, replica, photograph, or other reproduction of an article or a note, drawing, or sketch made of or from an article.(3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording.(4) "Trade secret" means the whole or any part of any scientific or technical information, design, process, procedure, formula, or improvement that has value and that the owner has taken measures to prevent from becoming available to persons other than those selected by the owner to have access for limited purposes.(b) A person commits an offense if, without the owner's effective consent, he knowingly:(1) steals a trade secret;(2) makes a copy of an article representing a trade secret; or(3) communicates or transmits a trade secret.(c) An offense under this section is a felony of the third degree.