Penal Code · §31.03

Theft

Q: Theft under §31.03(a) requires the actor to unlawfully appropriate property:

With intent to deprive the owner of property Theft is unlawful appropriation of property with intent to deprive the owner. Appropriation is unlawful if without effective consent, if the property is stolen and the actor knows it, or if it was obtained from a law enforcement sting.

Q: Theft of property valued at $750 or more but less than $2,500 is generally what level of offense?

Class A misdemeanor Theft is graded by value: <$100 Class C; $100–<$750 Class B; $750–<$2,500 Class A; $2,500–<$30,000 SJF; $30,000–<$150,000 3rd degree; $150,000–<$300,000 2nd degree; $300,000+ 1st degree.

Q: Theft of a firearm is what level of offense, regardless of the firearm's value?

State jail felony Theft of a firearm is automatically a state jail felony.

Unlawfully appropriates property with intent to deprive the owner of property. Appropriation is unlawful if without effective consent, the property is stolen and actor knows it, or it was obtained from a law enforcement sting.

To prove this offense, the State must establish each of the following elements: Unlawfully appropriates property; With intent to deprive the owner; 'Unlawfully' = without effective consent / known stolen / sting.

The base classification is Graded by value, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Elements you must prove

Unlawfully appropriates property
With intent to deprive the owner
'Unlawfully' = without effective consent / known stolen / sting

Texas Law — Charge Details

Class C Misd. → 1st Degree Felony

Offense

Theft

Statute

Tex. Penal Code §31.03

Classification

Graded by value

Potential Penalty Enhancements

If this condition applies…	Charge escalates to	Statute
<$100	Class C misdemeanor	§31.03(e)(1)
$100 – <$750	Class B misdemeanor	§31.03(e)(2)
$750 – <$2,500	Class A misdemeanor	§31.03(e)(3)
$2,500 – <$30,000 (or theft of firearm)	State jail felony	§31.03(e)(4)
$30,000 – <$150,000	3rd degree felony	§31.03(e)(5)
$150,000 – <$300,000	2nd degree felony	§31.03(e)(6)
≥ $300,000	1st degree felony	§31.03(e)(7)

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Worked examples

Worked example 1

Theft under §31.03(a) requires the actor to unlawfully appropriate property:

Without the owner's consent
With intent to deprive the owner of property Correct
Worth more than $100
By breaking into a building

Why: Theft is unlawful appropriation of property with intent to deprive the owner. Appropriation is unlawful if without effective consent, if the property is stolen and the actor knows it, or if it was obtained from a law enforcement sting.

Statute: Tex. Penal Code §31.03(a)–(b)

Worked example 2

Theft of property valued at $750 or more but less than $2,500 is generally what level of offense?

Class C misdemeanor
Class B misdemeanor
Class A misdemeanor Correct
State jail felony

Why: Theft is graded by value: <$100 Class C; $100–<$750 Class B; $750–<$2,500 Class A; $2,500–<$30,000 SJF; $30,000–<$150,000 3rd degree; $150,000–<$300,000 2nd degree; $300,000+ 1st degree.

Statute: Tex. Penal Code §31.03(e)(3)

Worked example 3

Theft of a firearm is what level of offense, regardless of the firearm's value?

Class A misdemeanor
State jail felony Correct
3rd degree felony
2nd degree felony

Why: Theft of a firearm is automatically a state jail felony.

Statute: Tex. Penal Code §31.03(e)(4)(C)