Texas § 31.03 — Theft

What the Statute Says

Texas Penal Code § 31.03(a) provides: "A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property."

Penalty Tiers Under § 31.03(e)

• (e)(1) Under $100: Class C misdemeanor (fine up to $500)
• (e)(2)(A) $100 to $750: Class B misdemeanor
• (e)(3) $750 to $2,500: Class A misdemeanor
• (e)(4)(A) $2,500 to $30,000: State jail felony
• (e)(5) $30,000 to $150,000: Third-degree felony
• (e)(6) $150,000 to $300,000: Second-degree felony
• (e)(7) $300,000 or more: First-degree felony (5 to 99 years)

Enhancements

• Two prior theft convictions elevate a Class C to a Class B misdemeanor (§ 31.03(e)(4)(D))
• Theft from an elderly or disabled victim enhances by one category
• Theft of livestock or firearms is automatically a state jail felony regardless of value
• Theft by a public servant enhances by one category
• Theft during a declared disaster enhances

Elements of Theft

1. Unlawful appropriation — exercising control over property without consent
2. Of property — tangible or intangible, including services
3. With intent to deprive — permanent or substantial deprivation
4. From the owner — defined in § 1.07(35)

Defenses

• Mistake of fact (belief the property was yours or abandoned)
• Lack of intent to permanently deprive
• Consent defense
• Challenges to property valuation
• Motion to suppress (illegal search, surveillance issues)
• Pre-trial diversion for first-time offenders

This analysis is general information, not legal advice. Texas criminal law is complex and fact-specific — consult a licensed Texas attorney about your specific situation.