Value brackets under § 31.03(e)
| Property value | Offense level | Maximum punishment |
|---|---|---|
| Less than $100 | Class C misdemeanor | $500 fine, no jail |
| $100 – $749 | Class B misdemeanor | 180 days jail, $2,000 fine |
| $750 – $2,499 | Class A misdemeanor | 1 year jail, $4,000 fine |
| $2,500 – $29,999 | State jail felony | 180 days – 2 years SJF, $10,000 fine |
| $30,000 – $149,999 | Third-degree felony | 2 – 10 years prison, $10,000 fine |
| $150,000 – $299,999 | Second-degree felony | 2 – 20 years prison, $10,000 fine |
| $300,000 or more | First-degree felony | 5 – 99 years or life, $10,000 fine |
The "value" is the fair market value of the property at the time of the theft, or the cost of replacing the property within a reasonable time. The State has the burden to prove value; the defense can dispute the State's valuation with appraisals, original receipts, or expert testimony.
Enhancements that raise the offense level
Several enhancement rules under § 31.03(f) bump theft up one offense level:
- Theft by public servant (§ 31.03(f)(1)). Theft committed by an elected, employed, or appointed government official is one level higher.
- Theft from elderly (§ 31.03(f)(2)). Theft against a person 65 or older is one level higher. Class A → SJF. SJF → 3rd-degree. Etc.
- Theft by Medicaid provider (§ 31.03(f)(3)). Theft by a health-care provider in connection with Medicaid is one level higher.
- Theft from elderly disabled (§ 31.03(f)(4)). When the victim is both elderly AND disabled, the offense is increased by another level.
- Theft by fiduciary (§ 31.03(f)(1)). Executor, administrator, trustee, or guardian who steals from the estate is one level higher; also subject to the 10-year statute of limitations under art. 12.01(4).
Aggregated theft under § 31.09
One of the most powerful prosecution tools in Texas theft law is aggregated theft. Under § 31.09, when a defendant commits multiple theft incidents pursuant to one scheme or continuing course of conduct, the State can charge them as ONE aggregated theft and combine the values.
The practical effect: a serial shoplifter who took $400 from store A, $300 from store B, $500 from store C, and $1,800 from store D — total $3,000 — can be charged as a single state jail felony (the $2,500+ bracket), not four separate Class B misdemeanors. The aggregated theft has a 7-year statute of limitations under art. 12.01(5)(A), longer than the 5-year limit for non-aggregated theft.
The State must prove the incidents were part of a "single scheme or continuing course of conduct." The defense argues that separate, opportunistic thefts at different locations are not aggregable.
Prior-theft enhancement
Under § 31.03(e)(4)(D), a defendant with two prior theft convictions of any class who is charged with a new theft is automatically charged as a state jail felony, regardless of the new theft's value. So even a $50 shoplifting becomes a felony for someone with two priors.
This is one of the most aggressive enhancement rules in the Texas Penal Code. It explains why repeat shoplifters often face felony charges even when each individual theft was small. The State must allege both priors in the indictment to use them for enhancement.
Categorical SJF rules
Some thefts are automatically state jail felonies regardless of value:
- Theft from the person of another (§ 31.03(e)(4)(B)). Pickpocketing, snatching a wallet or purse off a person. The contact element makes it categorical.
- Theft of a firearm (§ 31.03(e)(4)(C)). Any firearm theft, regardless of value.
- Theft of an ATM (§ 31.03(e)(4)(C)). Or the contents of an ATM.
- Theft of livestock under $30,000 (§ 31.03(e)(4)(C)).
- Theft of explosives.
- Theft of an official identification card.
Each of these is a state jail felony at minimum, with normal felony-level enhancements possible on top.
Common defenses to theft
- Mistake of fact / ownership claim. The defendant believed they had a right to the property. § 31.03(b)(1) requires "appropriation" without effective consent.
- Value challenge. The State alleges $30,000 (third-degree felony); the defense proves the actual value is $25,000 (state jail felony). Knocking down the offense level can change the entire negotiation.
- Lack of intent to deprive. Borrowing or temporary possession isn't theft. § 31.01(2) requires intent to deprive the owner.
- Insufficient evidence. Surveillance video, witness testimony, or chain-of-custody issues.
- Statute of limitations. 5 years for most theft; 2 years for misdemeanor; 7 years for aggregated; 10 years for fiduciary or public-servant theft.
- Restitution to negotiate dismissal or reduction. Paying back the value often opens reduction or pre-trial intervention options in less-serious cases.
Collateral consequences
Theft is a "crime of moral turpitude" in Texas, with specific impact:
- Professional licensing. Bar (TBLS), nursing (BON), teaching (SBEC), and most professional licenses treat theft convictions seriously even at the misdemeanor level.
- Immigration. Theft is a crime involving moral turpitude (CIMT) under federal immigration law, with potential deportation or inadmissibility consequences for non-citizens.
- Employment. Theft convictions are red flags on background checks, especially for finance, retail, and healthcare positions.
- Civil liability. Texas Theft Liability Act allows civil suit for actual damages plus up to $1,000 statutory damages.
- Restitution. Mandatory in nearly all theft cases under art. 42.037.