Texas cargo theft — Penal Code § 31.18
Texas cargo theft is a criminal offense under Penal Code § 31.18. Base conduct is classified as a state jail felony; enhancements and aggravators can move the punishment range higher. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
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Classification: State jail felony to first-degree felony (value-tiered)
Punishment range: State jail felony (180 days–2 years + $10,000) $1,500–$10,000; third-degree (2–10 + $10,000) $10,000–$100,000; second-degree (2–20 + $10,000) $100,000–$200,000; first-degree (5–99 + $10,000) $200,000+
The controlling statute
Texas Penal Code § 31.18 specifically targets the theft of cargo from commercial vehicles, trailers, or shipping containers. Enacted to address the rising freight-theft losses moving through Texas's interstate corridors, the statute punishes both completed thefts and conspiracy to steal cargo. Penalty tiers begin at the state jail felony level with $1,500 in cargo — far lower than the ordinary theft threshold — and scale rapidly into first-degree felony territory for high-value loads.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 31.18 |
| Cluster | Theft & Property |
| Classification | State jail felony to first-degree felony (value-tiered) |
| Range | State jail felony (180 days–2 years + $10,000) $1,500–$10,000; third-degree (2–10 + $10,000) $10,000–$100,000; second-degree (2–20 + $10,000) $100,000–$200,000; first-degree (5–99 + $10,000) $200,000+ |
| Last reviewed | 2026-05-15 |
Elements the State must prove
To convict on a Texas § 31.18 charge, the State must prove every element beyond a reasonable doubt:
- Defendant knowingly or intentionally unlawfully appropriated cargo
- With intent to deprive the owner of the cargo
- The cargo was in transit, or was at a railroad yard, terminal, or warehouse
- Value of cargo meets the charged tier ($1,500 minimum)
Defense strategies
L and L Law Group, PLLC develops the following defense strategies on every Cargo Theft case:
- Lack of intent to deprive — defendant believed cargo was abandoned or lawful salvage
- Mistaken identity — multiple cargo handlers had access to the load
- Lawful possession or transport authority under bill-of-lading or consignment paperwork
- Insufficient proof of in-transit status under § 31.18(a)(2)
- Chain-of-custody breaks in the State's cargo-tracking evidence
- Federal preemption arguments where interstate cargo triggers 18 U.S.C. § 659 prosecution
Enhancements & collateral consequences
Texas's lower $1,500 threshold for state jail felony (vs. the standard theft $2,500) reflects a legislative judgment that cargo theft is especially harmful to interstate commerce. Parallel federal charges under 18 U.S.C. § 659 (Theft from Interstate Shipment) often follow, particularly for loads crossing state lines. § 31.09 aggregation across multiple loads in one scheme is permissible.
Key Legal Terms
- Cargo (§ 31.18(a)(1))
- Goods, merchandise, or other valuables transported via a commercial carrier; excludes personal property in private vehicles.
- In Transit (§ 31.18(a)(2))
- Cargo moving via carrier or staged at a terminal, warehouse, or railyard awaiting transport — broader than 'on the road.'
- 18 U.S.C. § 659
- Federal Theft from Interstate Shipment statute; commonly charged alongside Texas § 31.18 for loads crossing state lines.
Frequently Asked Questions
What qualifies as 'cargo' under § 31.18?
Why is the threshold lower than ordinary theft?
Is hijacking a truck always § 31.18?
What if the cargo never made it to delivery?
Can I be charged for receiving stolen cargo?
References & Authoritative Sources
About the Authors
Reggie London
Co-Founding Partner · Texas Bar No. 24043514
Reggie London co-founded L and L Law Group with a focus on federal criminal defense, complex felony defense, and TEA/SBEC matters. Licensed in Texas, admitted to TXND and TXED.
Njeri London
Co-Founding Partner · Texas Bar No. 24043266
Njeri London co-founded L and L Law Group with a focus on DWI defense, family violence cases, and juvenile defense. Licensed in Texas, admitted to TXND and TXED.
Charged with Cargo Theft? Talk to L and L Law Group.
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