Texas Penal Code 31.16 – Organized Retail Theft
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(a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 323, Sec. 4, eff. September 1, 2011.
(b) A person commits an offense if the person intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, or disposes of:
(1) stolen retail merchandise; or
(2) merchandise explicitly represented to the person as being stolen retail merchandise.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $4,000 |
| Class B misdemeanor | up to 180 days | up to $2,000 |
Terms Used In Texas Penal Code 31.16
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
- 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
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) An offense under this section is:
(1) a Class C misdemeanor if the total value of the merchandise involved in the activity is less than $100;
(2) a Class B misdemeanor if the total value of the merchandise involved in the activity is $100 or more but less than $750;
(3) a Class A misdemeanor if the total value of the merchandise involved in the activity is $750 or more but less than $2,500;
(4) a state jail felony if the total value of the merchandise involved in the activity is $2,500 or more but less than $30,000;
(5) a felony of the third degree if the total value of the merchandise involved in the activity is $30,000 or more but less than $150,000;
(6) a felony of the second degree if the total value of the merchandise involved in the activity is $150,000 or more but less than $300,000; or
(7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more.
(d) An offense described for purposes of punishment by Subsections (c)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that:
(1) the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b); or
(2) during the commission of the offense, a person engaged in an activity described by Subsection (b) 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.
(e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 323, Sec. 4, eff. September 1, 2011.