Que es theft bajo Texas Penal Code 31.03
Texas Penal Code seccion 31.03(a) provides foundational definition:
"A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property."
Three elements:
- Unlawful appropriation. Section 31.03(b) defines appropriation as unlawful if (1) it is without owner's effective consent, OR (2) property is stolen and actor appropriates property knowing it stolen by another, OR (3) property is in custody of law enforcement agency, explicitly represented to actor as stolen, and actor appropriates believing it stolen.
- Property. Defined in section 31.01(5) — real property, tangible or intangible personal property (including documents), or services.
- Intent to deprive. Section 31.01(2) defines deprive as (A) withholding property permanently or for so extended a period that major portion of value or enjoyment is lost, (B) restoring property only upon payment of reward or compensation, OR (C) disposing of property in manner making it unlikely owner will recover it.
Texas adopted consolidated theft statute in 1973 — combining what were previously separate offenses (larceny, embezzlement, false pretenses, extortion in some forms). This consolidation simplified pleading and eliminated technical defense based on which form of theft was charged.
Theft variants under Title 7 of Texas Penal Code:
- Section 31.03 — general theft
- Section 31.04 — theft of service
- Section 31.05 — theft of trade secrets
- Section 31.07 — unauthorized use of vehicle
- Section 31.11 — tampering with identification numbers
- Section 31.12 — theft of multichannel video or information services
- Section 31.13 — making, possessing, etc., unauthorized cable television device
- Section 31.14 — theft of petroleum products
- Section 31.16 — organized retail theft
- Section 31.17 — unauthorized acquisition or transfer of certain financial information
- Section 31.18 — theft of cargo
- Section 31.19 — fraudulent or fictitious military record
- Section 31.20 — theft of or tampering with multichannel video or information services
El theft (robo) en Texas es procesado primariamente bajo Texas Penal Code seccion 31.03 — Texas's consolidated theft statute que combina varios common-law offenses (larceny, embezzlement, false pretenses, theft by deception, theft by check, theft of services) en single statute. Grade depende de value of property o services bajo seccion 31.03(e), desde Clase C misdemeanor (value menos de $100) hasta primer grado felony (value $300,000+). Multiple sentence enhancements based on circumstances including theft from elderly, theft from cargo, theft from financial institution.
Federal theft prosecutions menos comunes pero substantial when federal nexus exists: 18 USC seccion 641 (theft of public money, property, or records of United States) con maximum 10 anos para amounts exceeding $1,000; 18 USC seccion 1001 (false statements relating to federal benefits or program); 18 USC seccion 666 (theft from federal programs receiving $10,000+ federal benefits). L and L Law Group, PLLC representa a clientes en theft cases — estatales y federales — en los nueve condados de DFW que servimos. Los socios cofundadores Reggie London (State Bar of Texas #24043514, admitido en TXND, TXED y 5th Circuit) y Njeri London (State Bar of Texas #24043266) manejan personalmente cada caso. Para una revision gratuita y confidencial, llame al (972) 370-5060.
Texas theft grade ladder bajo 31.03(e)
Texas theft grade depends on value of property or services stolen bajo seccion 31.03(e). Most-recently amended grade ladder (changes 2015 raised thresholds):
| Value | Grado | Rango |
|---|---|---|
| Menos de $100 | Clase C misdemeanor | Multa hasta $500 |
| $100 - $750 | Clase B misdemeanor | Hasta 180 dias / $2,000 |
| $750 - $2,500 | Clase A misdemeanor | Hasta 1 ano / $4,000 |
| $2,500 - $30,000 | State jail felony | 180 dias - 2 anos / $10,000 |
| $30,000 - $150,000 | Felonia 3er grado | 2-10 anos / $10,000 |
| $150,000 - $300,000 | Felonia 2do grado | 2-20 anos / $10,000 |
| $300,000+ | Felonia 1er grado | 5-99 anos / $10,000 |
Aggregation under section 31.09. Multiple thefts committed pursuant to single scheme or continuing course of conduct may be aggregated into single offense. Value of all items determines grade. Common in employee theft, embezzlement, multi-victim schemes. Defense argues against aggregation where conduct is not part of single scheme.
Enhancements under section 31.03(f) and other sections.
- Theft from elderly (section 32.45 enhancement). Theft from person 65 or older — enhances grade by one level.
- Prior theft convictions. Two prior theft convictions (any grade) enhances current Class C misdemeanor theft to Class B; Class B to Class A; etc. Section 12.43 provides similar enhancement structure.
- Cargo theft (section 31.18). Enhanced penalties for theft of property in commerce (during transportation or storage).
- Organized retail theft (section 31.16). Enhanced grade for theft from retail establishment as part of organized scheme.
- Theft from public servant or government contractor. Section 31.03(f)(2) enhances grade by one level.
- Theft of firearm. Specific enhancements for firearm theft under various provisions.
Federal theft — 18 USC 641, 1001, y 666
Federal theft prosecutions require federal nexus — government property, federal program, federally insured institution, or interstate commerce.
18 USC seccion 641 — Public money, property, records. Embezzlement, theft, or conversion of money, property, or records of United States or any department, agency, or wholly owned corporation. Maximum 10 anos if value exceeds $1,000; maximum 1 ano if value $1,000 or less. Common applications: theft from federal agencies, theft of federal benefits, theft from federal projects.
18 USC seccion 1001 — False statements. Maximum 5 anos generally; 8 anos for offenses involving international or domestic terrorism matters. Knowingly and willfully making false statement, concealing fact, or using false document in any matter within jurisdiction of executive, legislative, or judicial branch of federal government. Frequently charged alongside theft when defendant made false statements to obtain benefits, conceal theft, or in interviews with investigators.
18 USC seccion 666 — Theft or bribery concerning programs receiving federal funds. Maximum 10 anos. Applies to organizations (state, local, tribal government, agency, or organization) receiving $10,000+ in federal benefits in any one-year period. Two main offenses:
- 666(a)(1)(A) — theft, embezzlement, fraud. Agent of covered organization steals, embezzles, or fraudulently obtains property valued at $5,000+.
- 666(a)(1)(B) — bribery. Agent solicits or accepts anything of value intending to be influenced in connection with business of covered organization (transactions of $5,000+).
Section 666 reaches state and local government employees engaging in theft or bribery related to programs receiving federal funds — broad reach. Salinas v. United States, 522 U.S. 52 (1997), addresses scope.
18 USC seccion 922(j) — Stolen firearm. Maximum 10 anos. Knowingly transporting or receiving stolen firearm in interstate commerce.
18 USC seccion 2312 — Interstate transportation of stolen vehicle. Dyer Act. Maximum 10 anos.
18 USC seccion 2314 — Interstate transportation of stolen property. Maximum 10 anos. Property valued at $5,000+.
Sentencing — Texas state y federal USSG 2B1.1
Texas state sentencing. Standard punishment ranges bajo Penal Code Capitulo 12 by grade. Community supervision (probation) generally available bajo CCP Art. 42A for most theft offenses subject to grade-specific limitations.
Federal sentencing bajo USSG seccion 2B1.1. Standard economic offense guideline applies. Loss table determines offense level increase:
| Loss amount | Offense level + |
|---|---|
| $6,501 - $15,000 | +2 |
| $15,001 - $40,000 | +4 |
| $40,001 - $95,000 | +6 |
| $95,001 - $150,000 | +8 |
| $150,001 - $250,000 | +10 |
| $250,001 - $550,000 | +12 |
| $550,001 - $1,500,000 | +14 |
| $1,500,001+ | +16 or more |
Theft-specific enhancements bajo USSG 2B1.1:
- +2 abuse of position of trust (3B1.3). Employee theft, fiduciary theft, government employee theft from agency.
- +2 to +4 role in offense (3B1.1). Organizer or leader of multi-defendant theft scheme.
- +2 sophisticated means. Multiple entities, false documents, concealment techniques.
- +2 vulnerable victim (3A1.1). Theft from elderly or cognitively impaired victim.
- +2 government benefit recipient enhancement. 2B1.1(b)(11)(A) if offense involved receipt of government benefit.
Loss methodology. Loss generally equals value of property stolen at time of offense. For ongoing schemes, total value across all incidents. Defense argues: (1) net loss after recovery, (2) actual rather than intended loss, (3) exclusion of legitimate components in commingled transactions, (4) market value at time of theft rather than replacement cost.
Restitution. Mandatory Victim Restitution Act bajo 18 USC seccion 3663A requires restitution to victims for offenses against property. State Texas similarly requires restitution under CCP Art. 42.037.
Defensas — no intent, no appropriation, mistake of fact
Common defenses en theft cases:
Mistake of fact regarding ownership. If defendant reasonably believed property belonged to him or that he had right to take it, this negates intent to deprive owner. Defense documents communications establishing belief — shared property arrangements, prior agreements, authority to use.
No intent to deprive. Section 31.03 requires intent to deprive owner of property. If defendant intended to return property or use temporarily without depriving owner of major portion of value, this may negate intent. Borrowing without permission, while improper, may not constitute theft if intent was always to return.
Consent defense. Owner consent negates unlawful appropriation. Defense documents express or implied consent — communications, course of conduct, employment authority, contractual rights.
Color of right / claim of right. Common law defense preserved in Texas — if defendant took property under good-faith claim of right (belief property was his or that he was entitled to it), this negates criminal intent even if claim of right was mistaken.
Insufficient value or grade dispute. Value of property determines grade. Defense disputes valuation — sentimental value not relevant, fair market value at time of offense (not replacement cost), aggregation rules properly applied.
Identity defense. In cases without direct evidence linking defendant to theft, identity may be defense — alibi, mistaken identification, inadequate identification procedures.
Statute of limitations. Texas misdemeanor theft SOL is 2 anos bajo CCP Art. 12.02. Felony theft SOL varies — 5 anos for most felony theft bajo CCP Art. 12.01(4)(A), 10 anos for certain enhanced thefts. Federal theft SOL generally 5 anos bajo 18 USC seccion 3282.
Civil dispute mischaracterized as theft. Disputes between business partners, family members, ex-spouses, contractual parties sometimes mischaracterized as theft when actually civil disputes. Defense argues criminal court is inappropriate forum, contractual rights or family law remedies apply, no criminal intent existed in commercial transaction.
Errores comunes en theft investigations
Errores que aparecen en theft cases:
Inflated valuation. Prosecutors sometimes accept owner valuation without independent verification. Defense employs appraisers, market analysis, comparable sales to challenge valuation and reduce grade.
Improper aggregation. Multiple incidents may not be part of single scheme. Defense argues against aggregation when incidents independent — different victims, different motivations, different time periods.
Civil-vs-criminal characterization errors. Business disputes, employment disputes, family disputes sometimes prosecuted as theft when actually civil matters. Defense develops record showing dispute character and absence of criminal intent.
Identification deficiencies. Theft cases without direct evidence (no caught-in-the-act, no surveillance, no confession) require identification evidence. Defense scrutinizes identification procedures, witness reliability, alternative-suspect evidence.
Chain of custody for property. Government must establish that property allegedly stolen is what is alleged. Chain of custody for property recovered, evidence collection procedures, photography or documentation of property at scene all subject to challenge.
Employee theft investigation problems. Internal investigations sometimes proceed without proper procedures — coerced statements, incomplete investigation of alternative explanations, employer bias, document destruction by employer. Defense develops these issues.
Multi-defendant cooperation issues. When multiple defendants charged, cooperator testimony common. Defense impeaches cooperator credibility — bias, plea deal, prior inconsistent statements.
Brady / Giglio compliance. Government must disclose exculpatory and impeachment evidence. Defense files specific Brady motions.
Que hacer si esta cargado con theft
Si esta cargado con theft (estatal o federal):
1. Retenga abogado defensor inmediatamente. Felony theft charges substantially affect future employment, professional licensure, immigration, financial responsibility. Early counsel can negotiate pre-charge resolutions when available.
2. No haga declaraciones sin counsel. Statements to investigators frequently used against defendants. False statements to police, detectives, or federal agents may generate additional charges (Texas Penal Code seccion 37.08 false report to officer, or federal 18 USC seccion 1001).
3. Preserve documents y records. Communications about property or transactions, ownership documentation, employment records, authorization documents, receipts, contracts. Document destruction can be separate offense.
4. Identify witnesses y evidence. Theft defense frequently depends on third-party witnesses (consent witnesses, alibi witnesses, character witnesses). Identify and preserve witness availability and contact information.
5. Consider restitution and resolution options. For lower-grade cases, restitution and pretrial diversion may be available. Demonstrating ability and willingness to make restitution can affect charging and disposition decisions.
6. Professional and licensure implications. Theft convictions affect many professional licenses, security clearances, employment opportunities. Coordinate with employment counsel and licensure counsel as appropriate.
7. Immigration consequences for non-citizens. Theft offenses may be crimes involving moral turpitude (CIMT) bajo Immigration and Nationality Act. Sentence of 1 year or more for CIMT triggers aggravated felony classification. Padilla v. Kentucky, 559 U.S. 356 (2010), requires defense counsel advise non-citizens of immigration consequences before plea.
DFW jurisdiction y resultados
Theft cases en DFW may proceed in:
Texas state district courts. Felony theft cases (state jail felony and above) proceed in Texas district courts. District Attorney prosecutes in each county. Texas county courts at law handle misdemeanor theft cases.
Northern District of Texas (TXND) federal cases. Federal theft cases en Dallas, Collin, Denton, Tarrant, Rockwall, Ellis, Johnson. Less common than state cases but substantial when federal nexus exists.
Eastern District of Texas (TXED). Federal cases en Kaufman, Hunt, y eastern counties.
El costo de defensa de theft varies por complexidad y grade. Simple misdemeanor theft cases (shoplifting, low-value theft) resolve quickly. Felony theft cases, employee theft cases with multiple incidents, multi-defendant cases, and federal cases require more substantial investment.
Los caminos realistas de resolution incluyen:
- Pre-charge resolution. Restitution and pre-charge agreement may avoid charges in appropriate cases.
- Dismissal. Suppression of key evidence, identification challenges, or value disputes may result in dismissal.
- Pretrial diversion. Many DFW counties offer pretrial diversion for first-offender theft cases. Completion results in dismissal.
- Reduction to misdemeanor. Felony theft cases may resolve with reduction to misdemeanor based on restitution, plea, and mitigation.
- Plea with deferred adjudication. Successful completion of deferred adjudication results in dismissal — preserves opportunity for non-disclosure later.
- Plea with community supervision. Probation rather than incarceration, with restitution, community service, theft counseling.
- Trial. If defenses strong on consent, intent, value, or identity, trial may produce acquittal.
Para una revision gratuita y confidencial de su matter de theft, llame al (972) 370-5060. L and L Law Group, PLLC representa clientes en estatal y federal theft cases en los nueve condados de DFW.