(d-3) For purposes of Subsection (a)(4): (1) if the compensation is or was to be paid on a periodic basis, the intent to avoid payment for a service may be formed at any time during or before a pay period; (2) the partial payment of wages alone is not sufficient evidence to negate the actor's intent to avoid payment for a service; and. (f) If the actor obtained property by issuing or passing a check or similar sight order for the payment of money, the actor's intent to deprive the owner of the property under Section 31.03 (Theft) is presumed, except in the case of a postdated check or order, if: (1) the actor ordered the bank or other drawee to stop payment on the check or order; (2) the bank or drawee refused payment to the holder on presentation of the check or order within 30 days after issue; (3) the owner gave the actor notice of the refusal of payment and made a demand to the actor for payment or return of the property; and, (A) pay the holder within 10 days after receiving the demand for payment; or. September 1, 2017. 1, eff. September 1, 2009. inventory, fails to record the name and certificate of inventory number of the person 3097), Sec. If found guilty of a Class C misdemeanor, the offender faces a maximum fine of $500. identification certificate issued by this state or another state; (3)a Class A misdemeanor if the value of the property stolen is $750 or more but (D) the supply of a motor vehicle or other property for use. (3)property in the custody of any law enforcement agency was explicitly represented 520, Transportation Code, 1 at the time the motor vehicle was delivered; (8)an actor who purchases or receives from any source other than a licensed retailer Jan. 1, 1974. Sec. or evidence of title delivered to the actor in accordance with Subchapter D, Chapter "Theft", as per 31.03 of the Texas Penal Code, occurs when a person unlawfully appropriates property with intent to deprive the owner of property. (B) a television set, videotape recorder, or other receiver attached to a multichannel video or information system; (2) attaches, causes to be attached, or maintains the attachment of a device to: (B) a television set, videotape recorder, or other receiver attached to a multichannel video or information services system; (3) tampers with, modifies, or maintains a modification to a device installed by a multichannel video or information services provider; or. (1)evidence that the actor has previously participated in recent transactions other 30. Wholesale distributor of prescription drugs. (ii)a vehicle owned or operated by a wholesale distributor of prescription drugs; (A)the value of the property stolen is $150,000 or more but less than $300,000; or, (B)the value of the property stolen is less than $300,000 and the property stolen 1, eff. $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 2.136, eff. 1.01, eff. (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. 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. 323, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sec. of the motor vehicle from which the part was removed, or in lieu of maintaining an or a compound, mixture, or preparation containing a restricted-use or state-limited-use THEFT. by any law enforcement agent to the actor as being stolen and the actor appropriates (C)used a shielding or deactivation instrument to prevent or attempt to prevent detection (3) permits the individual to become the owner of the property. Copyright 2023, Thomson Reuters. (4) the actor intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make full payment after receiving notice demanding payment. Acts 2015, 84th Leg., R.S., Ch. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed 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 an offense under this section that involves the state Medicaid program. Acts 2015, 84th Leg., R.S., Ch. 31.20. (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. (e) For the purposes of this section, each connection, attachment, modification, or act of tampering is a separate offense. 304 (H.B. Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. 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 Chapter 31 of the Texas Penal Code governs the crime of THEFT in Texas. TERRITORIAL JURISDICTION Sec. September 1, 2009. rebuilding, demolition, or other form of salvage is presumed to know on receipt by FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. (1) a Class C misdemeanor if the value of the property or service is less than $100; (2) a Class B misdemeanor if the value of the property or service is $100 or more but less than $750; (3) a Class A misdemeanor if the value of the property or service is $750 or more but less than $2,500; that: (1)the actor was a public servant at the time of the offense and the property appropriated 31.19. 31.05. (a)A person commits an offense if he unlawfully appropriates property with intent 724, Sec. For purposes of Subsections (b)(4)(A) and (B) and (b)(5), if written notice is given in accordance with Subsection (c), it is presumed that the notice was received not later than five days after the notice was sent. 1, eff. (2)State-limited-use pesticide means a pesticide classified as a state-limited-use pesticide by the Department Fraudulent Use or Possession of Identifying Information Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Sec. Sec. 1, eff. 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. 432, Sec. (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. (ii) a vehicle owned or operated by a wholesale distributor of prescription drugs; (A) the value of the property stolen is $150,000 or more but less than $300,000; or, (B) the value of the property stolen is less than $300,000 and the property stolen is an automated teller machine or the contents or components of an automated teller machine; or. 11, eff. A class B misdemeanor is punishable by a maximum 180-day county jail term, $2,000 fine, or both (Texas Penal Code Ann. the actor of stolen property that the property has been previously stolen from another the name, age, address, sex, and driver's license number of the seller or person making 323, Sec. (TX Penal Code Ann 6.03(c)) Matter of Franklin , 20 I&N Dec. 867(BIA1994) No. Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. Sept. 1, 1995; Acts 1995, 74th Leg., ch. of the offense by a retail theft detector. than, but similar to, that which the prosecution is based is admissible for the purpose (b) A person commits an offense if the person, knowing that the person is not entitled to obtain or possess that financial information: (1) obtains the financial sight order or payment card information of another by use of an electronic, photographic, visual imaging, recording, or other device capable of accessing, reading, recording, capturing, copying, imaging, scanning, reproducing, or storing in any manner the financial sight order or payment card information; or. Under the Texas Penal Code Section 32.51, this offense can be either a state jail felony or a felony of the first, second or third degree. 9, eff. In this chapter: (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. (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. 4, eff. (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 Sept. 1, 2003. Added by Acts 1995, 74th Leg., ch. delivered, a complete description of the part, and the vehicle identification number part purchased by or delivered to the actor, including the date of purchase or delivery, property is less than 10 head of sheep, swine, or goats or any part thereof under | https://codes.findlaw.com/tx/penal-code/penal-sect-31-03/. (g) For the purposes of Subsection (a), a person is the owner of exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, only if the person qualifies to claim the animal under Section 142.0021, Agriculture Code, if the animal is an estray. 203, Sec. (c) Except as provided by Subsections (d) and (e), an offense under this section is: (1) a Class A misdemeanor if the mail is appropriated from fewer than 10 addressees; (2) a state jail felony if the mail is appropriated from at least 10 but fewer than 30 addressees; or. 1, eff. 1, eff. having an aggregate value of less than $150,000; or. 2, 3, eff. Theft may be taking property that the defendant already knows to be stolen by someone else. 15, eff. (e) An offense described for purposes of punishment by Subsections (c)(1)-(3) is increased to the next higher category of offense if it is shown on the trial of the offense that the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b). 10, eff. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. 1, eff. 1, eff. of license plates kept under this paragraph, including for each plate or set of plates 419, Sec. Added by Acts 1999, 76th Leg., ch. 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, pesticide is presumed to know on receipt by the actor of the pesticide or compound, Acts 2011, 82nd Leg., R.S., Ch. more but less than $150,000, or the property is: (A)cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $150,000; (B)10 or more head of sheep, swine, or goats stolen during a single transaction and 1, eff. 1, eff. a human corpse or grave, including property that is a military grave marker; (C)the property stolen is a firearm, as defined by Section 46.01; (D)the value of the property stolen is less than $2,500 and the defendant has been (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (j)With the consent of the appropriate local county or district attorney, the attorney Contact Our Texas Theft Defense Attorneys! 3, eff. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. 120 (S.B. 2, eff. (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 $750 or more but less than $2,500. 455, Sec. 1124 (H.B. 141 (S.B. September 1, 2019. (c) An offense under this section is a felony of the third degree. 1251 (H.B. the actor's plea of not guilty; (2)the testimony of an accomplice shall be corroborated by proof that tends to connect (b) For purposes of Subsection (a)(2) or (f)(3), notice may be actual notice or notice in writing that: (A) first class mail, evidenced by an affidavit of service; or. 1.03. (d-1) For purposes of Subsection (a)(2), the diversion of services to the benefit of a person who is not entitled to those services includes the disposition of personal property by an actor having control of the property under an agreement described by Subsections (d-2)(1)-(3), if the actor disposes of the property in violation of the terms of the agreement and to the benefit of any person who is not entitled to the property. September 1, 2007. 31.13. 565, Sec. Added by Acts 2015, 84th Leg., R.S., Ch. (B) has made fewer than three complete payments under the agreement. 32.31 Credit Card or Debit Card Abuse (a) For purposes of this section: (1) "Cardholder" means the person named on the face of a credit card or debit card to whom or for whose benefit the card is issued. (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 (2) is employed as a driver lawfully contracted to transport a specific cargo by vehicle from a known point of origin to a known point of destination and, with the intent to conduct, promote, or facilitate an activity described by Subdivision (1), knowingly or intentionally: (A) fails to deliver the entire cargo to the known point of destination as contracted; or. September 1, 2015. 1.01. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. (F) the value of the property stolen is less than $20,000 and the property stolen is: (5) a felony of the third degree if the value of the property stolen is $30,000 or more but less than $150,000, or the property is: (A) cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $150,000; (B) 10 or more head of sheep, swine, or goats stolen during a single transaction and having an aggregate value of less than $150,000; or. (2) "Identifying information" has the meaning assigned by Section 32.51. (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. Texas Penal Code - PENAL 32.51. Contact us. 933 (H.B. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. Amended by Acts 1993, 73rd Leg., ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. - Regular Session . Added by Acts 2011, 82nd Leg., R.S., Ch. (d-5) For purposes of Subsection (b)(5), "business day" means a day other than Sunday or a state or federal holiday. Appropriation of property is unlawful if: it is without the owner's effective consent; the property is stolen and the actor appropriates the property knowing it was stolen by another; or 1, eff. 1, eff. September 1, 2015. Texas Penal Code Sec. 1, eff. Amended by Acts 1991, 72nd Leg., ch. (F)the value of the property stolen is less than $20,000 and the property stolen 858, Sec. from sounding; or. 1, eff. September 1, 2013. (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. 1219 (S.B. 1.08. 349, Sec. Id. WebRead Section 32. 1766), Sec. or exotic fowl as defined by Section 142.001, Agriculture Code, only if the person qualifies to claim the animal under Section 142.0021, Agriculture Code, if the animal is an estray. 429, Sec. (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) (B) registered or certified mail with return receipt requested; (2) is addressed to the issuer at the issuer's address shown on: (B) the records of the bank or other drawee; or, (C) the records of the person to whom the check or order has been issued or passed; and, "This is a demand for payment in full for a check or order not paid because of a lack of funds or insufficient funds. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. been previously stolen from another if the actor pays for or loans against the property Tex. Amended by Acts 1999, 76th Leg., ch. This misdemeanor charge is the lowest misdemeanor classification level. is an automated teller machine or the contents or components of an automated teller Today, most theft crimes in Texas are consolidated under Texas Penal Code 31.03, including theft by conversion. property, or lending money on the security of personal property deposited with the (e)Except as provided by Subsection (f), an offense under this section is: (1)a Class C misdemeanor if the value of the property stolen is less than $100; (A)the value of the property stolen is $100 or more but less than $750; (B)the value of the property stolen is less than $100 and the defendant has previously 257, Sec. Jan. 1, 1974. 245, Sec. 1.05. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. September 1, 2017. (10) "Elderly individual" has the meaning assigned by Section 22.04(c). 903 (H.B. delivered; or. (7)a felony of the first degree if the value of the property stolen is $300,000 or 4, 5, eff. 1251 (H.B. September 1, 2017. Section 228b). CONSTRUCTION OF CODE Sec. THEFT OF TRADE SECRETS. Section 152.175) and in effect on that date. Acts 2017, 85th Leg., R.S., Ch. Texas Theft Liability Act: Victims of a theft can sue for damages in a case separate from the criminal case. 2524), Sec. OFFENSES AGAINST PROPERTY CHAPTER 31. You be charged with identity theft for stealing any of the following information: Another person's name Fingerprints Date of birth Social Security Number (2) transfers to a third party information obtained as described by Subdivision (1). This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000. 900, Sec. (b) A person commits an offense if the person: (1) knowingly or intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, abandons, or disposes of: (B) cargo explicitly represented to the person as being stolen cargo; or. Sept. 1, 1995; Acts 1995, 74th Leg., ch. control by virtue of the contractual relationship; (3)the owner of the property appropriated was at the time of the offense: (4)the actor was a Medicare provider in a contractual relationship with the federal (B) telecommunication, public utility, or transportation service; (C) lodging, restaurant service, and entertainment; and. 31.20 Mail Theft (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). (c) An offense under this section is a Class A misdemeanor. Penalties for different types of theft in Texas include: Less than $50, or less than $20 by check: A Class C misdemeanor, with a fine of up to $500. (B) has been left to be collected for delivery by a common carrier or delivery service. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 198, Sec. Section 32.51 Texas Penal Code Sec. Title 7 - OFFENSES AGAINST PROPERTY. 323 (H.B. 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. 1, eff. Theft is a Class A misdemeanor if the goods stolen . 13, eff. 1.04. Sept. 1, 1995. $750-$2,500: Class A misdemeanor punishable by one year of jail time and a fine of up to $4,000. (g)For the purposes of Subsection (a), a person is the owner of exotic livestock Sept. 1, 1985; Acts 1985, 69th Leg., ch. (3)Nonprofit organization means an organization that is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, by being described as an exempt organization by Section 501(c)(3) of that code. mixture, or preparation that the pesticide or compound, mixture, or preparation has 2, eff. Sept. 1, 2003. 31.04. Amended by Acts 1975, 64th Leg., p. 914, ch. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Sept. 1, 2003. 2022 California Code Penal Code - PEN PART 1 - OF CRIMES AND PUNISHMENTS TITLE 9 - OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS CHAPTER 13 . September 1, 2009. September 1, 2011. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise. (a) A person commits theft of service if, with intent to avoid payment for service that the actor knows is provided only for compensation: (1) the actor intentionally or knowingly secures performance of the service by deception, threat, or false token; (2) having control over the disposition of services of another to which the actor is not entitled, the actor intentionally or knowingly diverts the other's services to the actor's own benefit or to the benefit of another not entitled to the services; (3) having control of personal property under a written rental agreement, the actor holds the property beyond the expiration of the rental period without the effective consent of the owner of the property, thereby depriving the owner of the property of its use in further rentals; or. (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. 1 31.03. (b) A person commits an offense if, without the owner's effective consent, he knowingly: (2) makes a copy of an article representing a trade secret; or. 1, eff. 694), Sec. by deception if the actor fails to make full payment in accordance with Section 409, Jan. 1, 1974. maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, 30.239, eff. (d) Except as otherwise provided by this subsection, if written notice is given in accordance with Subsection (c), it is presumed that the notice was received not later than two days after the notice was sent. 741, Sec. September 1, 2007. 105 (H.B. In order for the taking of property to be unlawful, Texas Penal Code 31.03 specifies that one of the following must be the case: The property was taken without consent from the owner 1276, Sec. (d) It is not a defense to prosecution under this section that: (1) the offense occurred as a result of a deception or strategy on the part of a law enforcement agency, including the use of an undercover operative or peace officer; (2) the actor was provided by a law enforcement agency with a facility in which to commit the offense or an opportunity to engage in conduct constituting the offense; or. (i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. 1245, Sec. 14, Sec. 1.06. Class C misdemeanor. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (B) tangible or intangible personal property including anything severed from land; or. or other official number capable of identifying an individual; (5)stolen property does not lose its character as stolen when recovered by any law Sept. 1, 1994. Sec. 1, eff. (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. Sept. 1, 1997; Acts 2003, 78th Leg., ch. less than $2,500; (A)the value of the property stolen is $2,500 or more but less than $30,000, or the (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (11) "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment. (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. Texas Penal Code TEXAS PENAL CODE TITLE 1. 165, Sec. 46 (S.B. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2019. GENERAL PROVISIONS Sec. the license plate number and the make, motor number, and vehicle identification number Acts 2009, 81st Leg., R.S., Ch. (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. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 295 (H.B. Under Section 31.03, THEFT is defined as follows: THEFT occurs when a person takes control of another's property and intends to deprive the owner of their property without the owners consent. Sept. 1, 1995; Acts 1997, 75th Leg., ch. public servant; (2)the actor was in a contractual relationship with government at the time of the who sold or delivered the motor vehicle to the actor to deliver to the actor a properly (c) If written notice is given in accordance with Subsection (b), it is presumed that the notice was received no later than five days after it was sent. 565, Sec. In Texas, prosecutors typically charge auto theft under Penal Code Section 31.07, Unauthorized Use of a Motor Vehicle, which is a State Jail Felony. THEFT Sec.A31.01.AADEFINITIONS. 548), Sec. pledgor has the right to possess the property. 1, eff. actor's custody, possession, or control by virtue of the contractual relationship; 1, eff. that all recorded liens on the motor vehicle have been released; or. May 23, 2009. Not 101(a)(43)(F) crime of violence - as defined by 18 USC 16 as no substantial risk force would be used (16(b)). (a) (1) A certified peace officer shall have their certification revoked if the person is or has become ineligible to hold office as a peace officer pursuant to Section 1029 of the Government Code. 1, eff. September 1, 2011. Sec. 10, eff. Acts 1973, 63rd Leg., p. 883, ch. 31.01. 3, eff. to know on receipt by the actor of the motor vehicle that the motor vehicle has been 323 (H.B. 1, eff. 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 September 1, 2011. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (2) "Encrypted, encoded, scrambled, or other nonstandard signal" means any type of signal or transmission not intended to produce an intelligible program or service without the use of a device, signal, or information provided by a multichannel video or information services provider. Felony Theft in Texas In Texas, theft becomes a felony when a specific object was taken, the property was valued at $2,500 or more, or the alleged offender has prior theft convictions. 741, Sec. Sec. Sec. Acts 2009, 81st Leg., R.S., Ch. (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. 12.22). (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)fails to file with the county tax assessor-collector of the county in which the 1396), Sec. Sept. 1, 1994. (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. Jan. 1, 1974. pledgor has the right to possess the property; and. 71St Leg., ch that the defendant already knows to be collected for delivery by a retail theft.. 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