If you're looking for a Texas online shoplifting class, it's important to know your Texas theft laws. This can help you understand more about your offense.

Please note that the Texas theft laws shown on this page are to help you to understand your local Texas theft, shoplifting and stealing laws. While we have tried to show the most up-to-date version of Texas theft laws, we do not guarantee its accuracy. This page is not a substitute for legal advice from an attorney. We suggest that you find an appropriate attorney for more information about Texas theft laws.

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12 Hour Theft Class	$199	Register Now
16 Hour Advanced Class	$249	Register Now
24 Hour Extended Theft Class	$349	Register Now

Texas Theft and Shoplifting Laws Explained

Understanding the laws surrounding theft and shoplifting in Texas can help you navigate potential legal issues more confidently. Below is a simplified explanation of key sections from the Texas Theft and Shoplifting statutes.

Sec. 31.01 – Definitions

Deception

Deception involves saying or doing something that misleads others about the truth, especially regarding laws or facts. This false impression can influence someone's decisions in a deal. Examples include not correcting a previous lie, withholding important information, selling property without disclosing legal problems, or making promises you don't plan to keep.

Deprive

To "deprive" means taking someone's property in a way that significantly reduces its value or the owner's enjoyment of it. This could involve keeping the property for so long that its worth decreases, returning it only if a reward is paid, or disposing of it so the owner can't easily retrieve it.

Effective Consent

Effective consent is legally valid permission. Consent isn't valid if it was obtained through deception, force, given by someone without legal authority, or by someone who is too young, mentally impaired, intoxicated, or coerced to commit a crime.

Appropriate

Appropriate actions involve taking control of someone else's property or transferring interest in it, whether for yourself or someone else.

Property

Property includes real estate (like land), personal belongings (both tangible and intangible), or documents representing value, such as money.

Service

Service refers to various types of work or amenities provided, including labor, professional services, telecommunications, utilities, transportation, lodging, restaurant services, entertainment, or providing a vehicle or other property for use.

Steal

Stealing means obtaining property or services through theft.

Certificate of Title

A certificate of title is a document that proves ownership, typically used for vehicles.

Used or Secondhand Motor Vehicle

This term refers to a pre-owned vehicle.

Elderly Individual

An elderly individual is defined as a person who meets the criteria outlined in Section 22.04(c) of the Texas statutes.

Sec. 31.02 – Consolidation of Theft Offenses

This section combines various theft-related crimes into a single offense called "theft." Instead of handling each type of theft separately—such as shoplifting, fraud, embezzlement, or extortion—they are all treated under the broad category of theft.

Sec. 31.03 – Theft

Theft occurs when someone wrongfully takes another person's property with the intent to keep it permanently. This includes taking property without the owner's permission, knowingly taking stolen property, or taking property identified by law enforcement as stolen. The severity of the theft charge depends on the value of the stolen property:

• Class C Misdemeanor: For lower-value thefts.
• Felony of the First Degree: For higher-value thefts or specific situations, such as stealing from an elderly person or a nonprofit organization.

Additional factors like previous convictions or relationships with government entities can influence the severity of the charge. Theft of specific items like livestock, firearms, or restricted pesticides is also addressed, with prosecution handled by the Attorney General in certain cases.

Sec. 31.04 – Theft of Service

The theft of service happens when someone intentionally avoids paying for a service they know requires payment. This can occur through:

1. Deception or threats.
2. Redirecting services they control to benefit themselves or others unlawfully.
3. Keeping rented property beyond the agreed time without permission, preventing the owner from using it.
4. Agreeing to pay for a service, receiving it, and then not paying after being notified.

The seriousness of the offense depends on the value of the service stolen, ranging from a Class C misdemeanor to a felony of the first degree. Defenses may include presenting a post-dated check made before the due date. Reporting violations, such as rental vehicle issues, to law enforcement is emphasized.

Sec. 31.06 – Presumption for Theft by Check

If someone writes a check that bounces due to insufficient funds, it's presumed they intended to commit theft under certain conditions:

1. The person didn't have an account when the check was written.
2. The payment was refused within 30 days, and the issuer didn't pay in full within 10 days after being notified.

Proper notices must be given, and if the issuer fails to pay or return property within 10 days after receiving the demand, it's assumed they intended to commit theft. This presumption stands unless there is direct evidence of intent or the check was postdated.

Sec. 31.07 – Unauthorized Use of a Vehicle

Operating someone else's boat, airplane, or motor-propelled vehicle without the owner's permission is illegal and classified as a state jail felony.

Sec. 31.08 – Value

The value of stolen property or services is based on their fair market value at the time of the offense. If the value isn't clear, it's estimated by the cost to replace the property shortly after the theft. For documents without clear market value, the value is the amount owed or the potential economic loss from losing the document. If the value can't be determined, it's assumed to be between $500 and $1,500. If the accused can prove they had a legal interest or provided something of value for the property, that amount is deducted from the total value.

Sec. 31.09 – Aggregation of Amounts Involved in Theft

When someone commits theft through a single plan or ongoing actions, whether from one or multiple sources, all the amounts involved are combined to determine the severity of the offense.

Sec. 31.10 – Actor's Interest in Property

Claiming to have an interest in the stolen property is not a valid defense in a theft case. If someone else has the exclusive right to possess the property, the accused's claim of interest does not excuse the theft.

Sec. 31.11 – Tampering with Identification Numbers

It's illegal to intentionally remove, change, or erase the serial number or any permanent ID mark on personal property. This includes possessing, selling, or offering such tampered property, knowing it has been altered. Exceptions include acting as the owner, with the owner's consent, as a peace officer on duty, or complying with vehicle identification regulations. This offense is treated seriously and classified as a Class A misdemeanor.

Sec. 31.12 – Theft or Tampering with Multichannel Video or Information Services

This law makes it illegal to:

1. Connect unauthorized devices to a multichannel video or information service system (like cable TV).
2. Tamper with or modify devices installed by the service provider.
3. Use unauthorized access devices to obtain services.

Key definitions:

• Access Device, Connection, and Device: Tools designed to interpret signals from service providers.
• Encrypted, Encoded, Scrambled, or Nonstandard Signal: Signals that require specific devices or information to be understood.
• Service Provider: Licensed cable TV, satellite, or other video/information service systems.

Legal satellite antennas are not prohibited. The offense is a Class C misdemeanor but can escalate to Class B or A for repeat offenders or those motivated by money. Each unauthorized action is treated as a separate offense.

Sec. 31.13 – Manufacture, Distribution, or Advertisement of Multichannel Video or Information Services Device

It's illegal to manufacture, sell, modify, or advertise devices intended to help commit offenses related to tampering with video services (as defined in Sec. 31.12). This includes devices designed to decode signals from service providers. Violators face a Class A misdemeanor.

Sec. 31.14 – Sale or Lease of Multichannel Video or Information Services Device

Selling or leasing devices meant to aid in tampering with video services is also illegal. This mirrors the provisions in Sec. 31.13 and carries the same penalty of a Class A misdemeanor.

Sec. 31.15 – Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft

Possessing or making tools intended for theft, especially to bypass retail theft detectors, is illegal and classified as a Class A misdemeanor.

Sec. 31.16 – Organized Retail Theft

Being involved in activities where someone receives, possesses, sells, or disposes of stolen retail goods is a crime. The severity depends on the total value of the merchandise involved. If a person organized, supervised, financed, or managed others in these activities, the offense is more severe. Additionally, if an alarm was intentionally triggered to create a distraction during the theft, the offense level increases.

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Understanding these laws helps ensure that you are aware of what constitutes theft and related offenses in Texas. If you find yourself facing such charges, consulting with a legal professional is advisable.

You might also be interested in Texas Theft and Shoplifting Classes.