Penal Code · §31.03

Theft

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.

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

Key points

  • 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

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.

Potential Penalty Enhancements
If this condition applies…Charge escalates to
<$100Class C misdemeanor
$100 – <$750Class B misdemeanor
$750 – <$2,500Class A misdemeanor
$2,500 – <$30,000 (or theft of firearm)State jail felony
$30,000 – <$150,0003rd degree felony
$150,000 – <$300,0002nd degree felony
≥ $300,0001st degree felony

Learn more about this topic

Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.

Start Free Practice

Worked examples

Worked example 1

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

  1. Without the owner's consent
  2. With intent to deprive the owner of property Correct
  3. Worth more than $100
  4. 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?

  1. Class C misdemeanor
  2. Class B misdemeanor
  3. Class A misdemeanor Correct
  4. 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?

  1. Class A misdemeanor
  2. State jail felony Correct
  3. 3rd degree felony
  4. 2nd degree felony
Why: Theft of a firearm is automatically a state jail felony.
Statute: Tex. Penal Code §31.03(e)(4)(C)