Texas theft of service — Penal Code § 31.04
Texas theft of service is a criminal offense under Penal Code § 31.04. Punishment ranges depending on the specific subsection, prior-conviction enhancements, and statutory aggravators. 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.
Classification: Class C misdemeanor to first-degree felony (value-tiered)
Punishment range: Class C (fine up to $500) under $100; Class B (180 days + $2,000) $100–$750; Class A (1 year + $4,000) $750–$2,500; state jail felony $2,500–$30,000; third-degree $30,000–$150,000; second-degree $150,000–$300,000; first-degree $300,000+
The controlling statute
Texas Penal Code § 31.04 criminalizes intentionally obtaining services by deception, threat, false token, or by failing to pay when payment is due. The statute reaches dine-and-dash incidents, contractor down-payment fraud, hotel skip-outs, rental property non-payment, and labor obtained under false promises. Classification follows the same value ladder as ordinary theft under § 31.03, scaling from a Class C fine to a first-degree felony when the value of services secured tops $300,000.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 31.04 |
| Cluster | Theft & Property |
| Classification | Class C misdemeanor to first-degree felony (value-tiered) |
| Range | Class C (fine up to $500) under $100; Class B (180 days + $2,000) $100–$750; Class A (1 year + $4,000) $750–$2,500; state jail felony $2,500–$30,000; third-degree $30,000–$150,000; second-degree $150,000–$300,000; first-degree $300,000+ |
| Last reviewed | 2026-05-15 |
Elements the State must prove
To convict on a Texas § 31.04 charge, the State must prove every element beyond a reasonable doubt:
- Defendant intentionally or knowingly secured the performance of a service
- By deception, threat, or false token, or by agreeing to provide compensation but failing to do so
- Knowing the service was provided only for compensation
- Value of services obtained meets the charged tier
Defense strategies
L and L Law Group, PLLC develops the following defense strategies on every Theft of Service case:
- Civil contract dispute, not criminal intent — failure-to-pay alone does not establish § 31.04 intent
- Performance complaints or bona fide setoff justifying nonpayment
- Lack of presumption of intent — § 31.04(b) presumptions can be rebutted with evidence of good-faith effort
- Mistake of fact about pricing, terms, or service scope (§ 8.02)
- Misidentification — service provider's records mistake the customer
- Statute of limitations and aggregation challenges where the State stacks multiple service charges to reach a felony tier
Enhancements & collateral consequences
Aggregation of services obtained pursuant to one scheme is permitted under § 31.09 — small dine-and-dash counts can combine into a felony. When the victim is an elderly individual (65+) under § 22.04(c)(2), classification can step up one category. Theft of services from a government contractor or while in a fiduciary capacity may trigger parallel fraud or abuse-of-official-capacity charges.
Key Legal Terms
- Service (§ 31.01(6))
- Labor, professional service, telecommunication, transportation, lodging, restaurant service, entertainment, public utility service, and use of personal property.
- Presumption of Intent (§ 31.04(b))
- Statutory inference of theft intent when the defendant absconds, refuses payment after demand, or uses a payment device known to be invalid.
- Aggregation (§ 31.09)
- Amounts taken pursuant to one continuing scheme may be aggregated to set the offense level — turning multiple misdemeanors into a felony.
Frequently Asked Questions
Is not paying a contractor theft of service in Texas?
What is the dine-and-dash law in Texas?
Can my landlord file theft of service charges if I owe rent?
How is the value of services calculated?
Does theft of service require leaving the state?
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 Theft of Service? Talk to L and L Law Group.
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