Penal Code · §31.03
Theft
Elements
- A person
- Unlawfully appropriates property
- With intent to deprive the owner of property
- (Unlawful = without owner's effective consent; or property known to be stolen; or in custody of law enforcement and explicitly represented as stolen)
Penalty
Value-based ladder (§31.03(e)): under $100 — Class C; $100–$749 — Class B; $750–$2,499 — Class A; $2,500–$29,999 — state jail felony; $30,000–$149,999 — 3rd degree felony; $150,000–$299,999 — 2nd degree; $300,000+ — 1st degree felony.
Enhancements
Bumped to next higher category for theft from elderly (65+), nonprofit, or government; theft during state of emergency; theft of certain enumerated property (firearm, election ballot, controlled substance, livestock, ATM, etc.); theft by public servant; theft from a person; or theft by actor with two or more prior theft convictions. Multiple thefts may be aggregated under §31.09 if part of a continuing course of conduct.