(a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.
(b) Appropriation of property is unlawful if:
(1) it is without the owner’s effective consent;
(2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or
(3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another.

Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A misdemeanorup to 1 yearup to $4,000
Class B misdemeanorup to 180 daysup to $2,000
For details, see Texas Penal Code § 12.21 and Texas Penal Code § 12.22
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Terms Used In Texas Penal Code 31.03

  • Act: means a bodily movement, whether voluntary or involuntary, and includes speech. See Texas Penal Code 1.07
  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
  • Agency: includes authority, board, bureau, commission, committee, council, department, district, division, and office. See Texas Penal Code 1.07
  • Another: means a person other than the actor. See Texas Penal Code 1.07
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
  • Consent: means assent in fact, whether express or apparent. See Texas Penal Code 1.07
  • Controlled substance: has the meaning assigned by § 481. See Texas Penal Code 1.07
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Effective consent: includes consent by a person legally authorized to act for the owner. See Texas Penal Code 1.07
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
  • Government: means :
    (A) the state;
    (B) a county, municipality, or political subdivision of the state; or
    (C) any branch or agency of the state, a county, municipality, or political subdivision. See Texas Penal Code 1.07
  • Individual: means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. See Texas Penal Code 1.07
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
  • Owner: means a person who:
    (A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or
    (B) is a holder in due course of a negotiable instrument. See Texas Penal Code 1.07
  • Peace officer: means a person elected, employed, or appointed as a peace officer under Article Texas Penal Code 1.07
  • Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
  • Personal property: All property that is not real property.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Possession: means actual care, custody, control, or management. See Texas Penal Code 1.07
  • Property: means real and personal property. See Texas Government Code 311.005
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public servant: means a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties:
    (A) an officer, employee, or agent of government;
    (B) a juror or grand juror; or
    (C) an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; or
    (D) an attorney at law or notary public when participating in the performance of a governmental function; or
    (E) a candidate for nomination or election to public office; or
    (F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so. See Texas Penal Code 1.07
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Unlawful: means criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege. See Texas Penal Code 1.07

(c) For purposes of Subsection (b):
(1) evidence that the actor has previously participated in recent transactions other than, but similar to, the transaction for which the prosecution is based is admissible for the purpose of showing knowledge or intent and the issues of knowledge or intent are raised by the actor’s plea of not guilty;
(2) the testimony of an accomplice shall be corroborated by proof that tends to connect the actor to the crime, but the actor’s knowledge or intent may be established by the uncorroborated testimony of the accomplice;
(3) an actor engaged in the business of buying and selling used or secondhand personal property, or lending money on the security of personal property deposited with the actor, is presumed to know upon receipt by the actor of stolen property (other than a motor vehicle subject to Chapter 501, Transportation Code) that the property has been previously stolen from another if the actor pays for or loans against the property $25 or more (or consideration of equivalent value) and the actor knowingly or recklessly:
(A) fails to record the name, address, and physical description or identification number of the seller or pledgor;
(B) fails to record a complete description of the property, including the serial number, if reasonably available, or other identifying characteristics; or
(C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. It is the express intent of this provision that the presumption arises unless the actor complies with each of the numbered requirements;
(4) for the purposes of Subdivision (3)(A), “identification number” means driver’s license number, military identification number, identification certificate, or other official number capable of identifying an individual;
(5) stolen property does not lose its character as stolen when recovered by any law enforcement agency;
(6) an actor engaged in the business of obtaining abandoned or wrecked motor vehicles or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, rebuilding, demolition, or other form of salvage is presumed to know on receipt by the actor of stolen property that the property has been previously stolen from another if the actor knowingly or recklessly:
(A) fails to maintain an accurate and legible inventory of each motor vehicle component part purchased by or delivered to the actor, including the date of purchase or delivery, the name, age, address, sex, and driver’s license number of the seller or person making the delivery, the license plate number of the motor vehicle in which the part was delivered, a complete description of the part, and the vehicle identification number of the motor vehicle from which the part was removed, or in lieu of maintaining an inventory, fails to record the name and certificate of inventory number of the person who dismantled the motor vehicle from which the part was obtained;
(B) fails on receipt of a motor vehicle to obtain a certificate of authority, sales receipt, or transfer document as required by Chapter 683, Transportation Code, or a certificate of title showing that the motor vehicle is not subject to a lien or that all recorded liens on the motor vehicle have been released; or
(C) fails on receipt of a motor vehicle to immediately remove an unexpired license plate from the motor vehicle, to keep the plate in a secure and locked place, or to maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, of license plates kept under this paragraph, including for each plate or set of plates the license plate number and the make, motor number, and vehicle identification number of the motor vehicle from which the plate was removed;
(7) an actor who purchases or receives a used or secondhand motor vehicle is presumed to know on receipt by the actor of the motor vehicle that the motor vehicle has been previously stolen from another if the actor knowingly or recklessly:
(A) fails to report to the Texas Department of Motor Vehicles the failure of the person who sold or delivered the motor vehicle to the actor to deliver to the actor a properly executed certificate of title to the motor vehicle at the time the motor vehicle was delivered; or
(B) fails to file with the county tax assessor-collector of the county in which the actor received the motor vehicle, not later than the 20th day after the date the actor received the motor vehicle, the registration license receipt and certificate of title or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 520, Transportation Code, at the time the motor vehicle was delivered;
(8) an actor who purchases or receives from any source other than a licensed retailer or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide or a compound, mixture, or preparation containing a restricted-use or state-limited-use pesticide is presumed to know on receipt by the actor of the pesticide or compound, mixture, or preparation that the pesticide or compound, mixture, or preparation has been previously stolen from another if the actor:
(A) fails to record the name, address, and physical description of the seller or pledgor;
(B) fails to record a complete description of the amount and type of pesticide or compound, mixture, or preparation purchased or received; and
(C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property;
(9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. § 228b), that obtains livestock from a commission merchant by representing that the actor will make prompt payment is presumed to have induced the commission merchant’s consent by deception if the actor fails to make full payment in accordance with Section 409, Packers and Stockyards Act (7 U.S.C. § 228b); and
(10) an actor in possession of property consisting of one or more catalytic converters that have been removed from a motor vehicle is presumed to have unlawfully appropriated the property unless the actor:
(A) is the owner, as defined by § 601.002, Transportation Code, of each vehicle from which the catalytic converters were removed; or
(B) possesses the catalytic converters in the ordinary course of the actor’s business, including in the ordinary course of business of an entity described by § 1956.123(1), Occupations Code.
(d) It is not a defense to prosecution under this section that:
(1) the offense occurred as a result of a deception or strategy on the part of a law enforcement agency, including the use of an undercover operative or peace officer;
(2) the actor was provided by a law enforcement agency with a facility in which to commit the offense or an opportunity to engage in conduct constituting the offense; or
(3) the actor was solicited to commit the offense by a peace officer, and the solicitation was of a type that would encourage a person predisposed to commit the offense to actually commit the offense, but would not encourage a person not predisposed to commit the offense to actually commit the offense.
(e) Except as provided by Subsections (f) and (f-1), an offense under this section is:
(1) a Class C misdemeanor if the value of the property stolen is less than $100;
(2) a Class B misdemeanor if:
(A) the value of the property stolen is $100 or more but less than $750;
(B) the value of the property stolen is less than $100 and the defendant has previously been convicted of any grade of theft; or
(C) the property stolen is a driver’s license, commercial driver’s license, or personal identification certificate issued by this state or another state;
(3) a Class A misdemeanor if the value of the property stolen is $750 or more but less than $2,500;
(4) a state jail felony if:
(A) the value of the property stolen is $2,500 or more but less than $30,000, or the property is less than 10 head of sheep, swine, or goats or any part thereof under the value of $30,000;
(B) regardless of value, the property is stolen from the person of another or from a human corpse or grave, including property that is a military grave marker;
(C) the property stolen is a firearm;
(D) the value of the property stolen is less than $2,500 and the defendant has been previously convicted two or more times of any grade of theft;
(E) the property stolen is an official ballot or official carrier envelope for an election;
(F) the value of the property stolen is less than $20,000 and the property stolen is:
(i) aluminum;
(ii) bronze;
(iii) copper; or
(iv) brass; or
(G) the cost of replacing the property stolen is less than $30,000 and the property stolen is a catalytic converter;
(5) a felony of the third degree if the value of the property stolen is $30,000 or more but less than $150,000, or the property is:
(A) cattle, horses, or exotic livestock or exotic fowl as defined by § 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $150,000;
(B) 10 or more head of sheep, swine, or goats stolen during a single transaction and having an aggregate value of less than $150,000; or
(C) a controlled substance, having a value of less than $150,000, if stolen from:
(i) a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; or
(ii) a vehicle owned or operated by a wholesale distributor of prescription drugs;
(6) a felony of the second degree if:
(A) the value of the property stolen is $150,000 or more but less than $300,000; or
(B) the value of the property stolen is less than $300,000 and the property stolen is an automated teller machine or the contents or components of an automated teller machine; or
(7) a felony of the first degree if the value of the property stolen is $300,000 or more.
(f) An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that:
(1) the actor was a public servant at the time of the offense and the property appropriated came into the actor’s custody, possession, or control by virtue of his status as a public servant;
(2) the actor was in a contractual relationship with government at the time of the offense and the property appropriated came into the actor’s custody, possession, or control by virtue of the contractual relationship;
(3) the owner of the property appropriated was at the time of the offense:
(A) an elderly individual; or
(B) a nonprofit organization;
(4) the actor was a Medicare provider in a contractual relationship with the federal government at the time of the offense and the property appropriated came into the actor’s custody, possession, or control by virtue of the contractual relationship; or
(5) during the commission of the offense, the actor intentionally, knowingly, or recklessly:
(A) caused a fire exit alarm to sound or otherwise become activated;
(B) deactivated or otherwise prevented a fire exit alarm or retail theft detector from sounding; or
(C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector.
(f-1) An offense described for purposes of punishment by Subsections (e)(4)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that:
(1) the property stolen is a catalytic converter; and
(2) the actor possessed a firearm during the commission of the offense.
(g) For the purposes of Subsection (a), a person is the owner of exotic livestock or exotic fowl as defined by § 142.001, Agriculture Code, only if the person qualifies to claim the animal under § 142.0021, Agriculture Code, if the animal is an estray.
(h) In this section:
(1) “Restricted-use pesticide” means a pesticide classified as a restricted-use pesticide by the administrator of the Environmental Protection Agency under 7 U.S.C. § 136a, as that law existed on January 1, 1995, and containing an active ingredient listed in the federal regulations adopted under that law (40 C.F.R. § 152.175) and in effect on that date.
(2) “State-limited-use pesticide” means a pesticide classified as a state-limited-use pesticide by the Department of Agriculture under § 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient listed in the rules adopted under that section (4 TAC Section 7.24) as that section existed on that date.
(3) “Nonprofit organization” means an organization that is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, by being described as an exempt organization by Section 501(c)(3) of that code.
(4) “Automated teller machine” means an unstaffed electronic information processing device that, at the request of a user, performs a financial transaction through the direct transmission of electronic impulses to a financial institution or through the recording of electronic impulses or other indicia of a transaction for delayed transmission to a financial institution. The term includes an automated banking machine.
(5) “Controlled substance” has the meaning assigned by § 481.002, Health and Safety Code.
(6) “Wholesale distributor of prescription drugs” means a wholesale distributor, as defined by § 431.401, Health and Safety Code.
(7) “Catalytic converter” means a catalytic converter and any material removed from the catalytic converter.
(8) “Firearm” has the meaning assigned by § 46.01.
(i) For purposes of Subsection (c)(9), “livestock” and “commission merchant” have the meanings assigned by § 147.001, Agriculture Code.
(j) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the state Medicaid program.