Reaonsing forconsolidating theft offenses

The actus reus of theft is usually defined as an unauthorized taking, keeping, or using of another's property which must be accompanied by a mens rea of dishonesty and the intent permanently to deprive the owner or rightful possessor of that property or its use.For example, if X goes to a restaurant and, by mistake, takes Y's scarf instead of her own, she has physically deprived Y of the use of the property (which is the actus reus) but the mistake prevents X from forming the mens rea (i.e., because she believes that she is the owner, she is not dishonest and does not intend to deprive the "owner" of it) so no crime has been committed at this point. (a) A person commits an offense if the person:(1) knowingly or intentionally removes, alters, or obliterates the serial number or other permanent identification marking on tangible personal property; or(2) possesses, sells, or offers for sale tangible personal property and:(A) the actor knows that the serial number or other permanent identification marking has been removed, altered, or obliterated; or(B) a reasonable person in the position of the actor would have known that the serial number or other permanent identification marking has been removed, altered, or obliterated.(b) It is an affirmative defense to prosecution under this section that the person was:(1) the owner or acting with the effective consent of the owner of the property involved;(2) a peace officer acting in the actual discharge of official duties; or(3) acting with respect to a number assigned to a vehicle by the Texas Department of Transportation or the Texas Department of Motor Vehicles, as applicable, and the person was:(A) in the actual discharge of official duties as an employee or agent of the department; or(B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department.(c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property.(d) An offense under this section is a Class A misdemeanor.(e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. (a) A person commits an offense if, without the authorization of the multichannel video or information services provider, the person intentionally or knowingly:(1) makes or maintains a connection, whether physically, electrically, electronically, or inductively, to:(A) a cable, wire, or other component of or media attached to a multichannel video or information services system; or(B) a television set, videotape recorder, or other receiver attached to a multichannel video or information system;(2) attaches, causes to be attached, or maintains the attachment of a device to:(A) a cable, wire, or other component of or media attached to a multichannel video or information services system; or(B) a television set, videotape recorder, or other receiver attached to a multichannel video or information services system;(3) tampers with, modifies, or maintains a modification to a device installed by a multichannel video or information services provider; or(4) tampers with, modifies, or maintains a modification to an access device or uses that access device or any unauthorized access device to obtain services from a multichannel video or information services provider.(b) In this section:(1) "Access device," "connection," and "device" mean an access device, connection, or device wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried by a multichannel video or information services provider.(2) "Encrypted, encoded, scrambled, or other nonstandard signal" means any type of signal or transmission not intended to produce an intelligible program or service without the use of a device, signal, or information provided by a multichannel video or information services provider.(3) "Multichannel video or information services provider" means a licensed cable television system, video dialtone system, multichannel multipoint distribution services system, direct broadcast satellite system, or other system providing video or information services that are distributed by cable, wire, radio frequency, or other media.(c) This section does not prohibit the manufacture, distribution, sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law.(d) An offense under this section is a Class C misdemeanor unless it is shown on the trial of the offense that the actor:(1) has been previously convicted one time of an offense under this section, in which event the offense is a Class B misdemeanor, or convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor; or(2) committed the offense for remuneration, in which event the offense is a Class A misdemeanor, unless it is also shown on the trial of the offense that the actor has been previously convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor with a minimum fine of ,000 and a minimum term of confinement of 180 days.(e) For the purposes of this section, each connection, attachment, modification, or act of tampering is a separate offense.

(a) A person commits an offense if the person for remuneration intentionally or knowingly manufactures, assembles, modifies, imports into the state, exports out of the state, distributes, advertises, or offers for sale, with an intent to aid in the commission of an offense under Section 31.12, a device, a kit or part for a device, or a plan for a system of components wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried or caused by a multichannel video or information services provider.(b) In this section, "device," "encrypted, encoded, scrambled, or other nonstandard signal," and "multichannel video or information services provider" have the meanings assigned by Section 31.12.(c) This section does not prohibit the manufacture, distribution, advertisement, offer for sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law.(d) An offense under this section is a Class A misdemeanor. (a) In this section:(1) "Cargo" means goods, as defined by Section 7.102, Business & Commerce Code, that constitute, wholly or partly, a commercial shipment of freight moving in commerce. (a) In this section, "petroleum product" means crude oil, natural gas, or condensate.(b) A person commits an offense if the person unlawfully appropriates a petroleum product with intent to deprive the owner of the petroleum product by:(1) possessing, removing, delivering, receiving, purchasing, selling, moving, concealing, or transporting the petroleum product; or(2) making or causing a connection to be made with, or drilling or tapping or causing a hole to be drilled or tapped in, a pipe, pipeline, or tank used to store or transport a petroleum product.(c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent.(d) An offense under this section is:(1) a state jail felony if the total value of the petroleum product appropriated is less than ,000;(2) a felony of the third degree if the total value of the petroleum product appropriated is ,000 or more but less than 0,000;(3) a felony of the second degree if the total value of the petroleum product appropriated is 0,000 or more but less than 0,000; or(4) a felony of the first degree if the total value of the petroleum product appropriated is 0,000 or more. It is the express intent of this provision that the presumption arises unless the actor complies with each of the numbered requirements;(4) for the purposes of Subdivision (3)(A), "identification number" means driver's license number, military identification number, identification certificate, or other official number capable of identifying an individual;(5) stolen property does not lose its character as stolen when recovered by any law enforcement agency;(6) an actor engaged in the business of obtaining abandoned or wrecked motor vehicles or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, rebuilding, demolition, or other form of salvage is presumed to know on receipt by the actor of stolen property that the property has been previously stolen from another if the actor knowingly or recklessly:(A) fails to maintain an accurate and legible inventory of each motor vehicle component part purchased by or delivered to the actor, including the date of purchase or delivery, the name, age, address, sex, and driver's license number of the seller or person making the delivery, the license plate number of the motor vehicle in which the part was delivered, a complete description of the part, and the vehicle identification number of the motor vehicle from which the part was removed, or in lieu of maintaining an inventory, fails to record the name and certificate of inventory number of the person who dismantled the motor vehicle from which the part was obtained;(B) fails on receipt of a motor vehicle to obtain a certificate of authority, sales receipt, or transfer document as required by Chapter 683, Transportation Code, or a certificate of title showing that the motor vehicle is not subject to a lien or that all recorded liens on the motor vehicle have been released; or(C) fails on receipt of a motor vehicle to immediately remove an unexpired license plate from the motor vehicle, to keep the plate in a secure and locked place, or to maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, of license plates kept under this paragraph, including for each plate or set of plates the license plate number and the make, motor number, and vehicle identification number of the motor vehicle from which the plate was removed;(7) an actor who purchases or receives a used or secondhand motor vehicle is presumed to know on receipt by the actor of the motor vehicle that the motor vehicle has been previously stolen from another if the actor knowingly or recklessly:(A) fails to report to the Texas Department of Motor Vehicles the failure of the person who sold or delivered the motor vehicle to the actor to deliver to the actor a properly executed certificate of title to the motor vehicle at the time the motor vehicle was delivered; or(B) fails to file with the county tax assessor-collector of the county in which the actor received the motor vehicle, not later than the 20th day after the date the actor received the motor vehicle, the registration license receipt and certificate of title or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 520, Transportation Code, at the time the motor vehicle was delivered;(8) an actor who purchases or receives from any source other than a licensed retailer or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide or a compound, mixture, or preparation containing a restricted-use or state-limited-use pesticide is presumed to know on receipt by the actor of the pesticide or compound, mixture, or preparation that the pesticide or compound, mixture, or preparation has been previously stolen from another if the actor:(A) fails to record the name, address, and physical description of the seller or pledgor;(B) fails to record a complete description of the amount and type of pesticide or compound, mixture, or preparation purchased or received; and(C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property; and(9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.(b) Appropriation of property is unlawful if:(1) it is without the owner's effective consent;(2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or(3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another.(c) For purposes of Subsection (b):(1) evidence that the actor has previously participated in recent transactions other than, but similar to, that which the prosecution is based is admissible for the purpose of showing knowledge or intent and the issues of knowledge or intent are raised by the actor's plea of not guilty;(2) the testimony of an accomplice shall be corroborated by proof that tends to connect the actor to the crime, but the actor's knowledge or intent may be established by the uncorroborated testimony of the accomplice;(3) an actor engaged in the business of buying and selling used or secondhand personal property, or lending money on the security of personal property deposited with the actor, is presumed to know upon receipt by the actor of stolen property (other than a motor vehicle subject to Chapter 501, Transportation Code) that the property has been previously stolen from another if the actor pays for or loans against the property or more (or consideration of equivalent value) and the actor knowingly or recklessly:(A) fails to record the name, address, and physical description or identification number of the seller or pledgor;(B) fails to record a complete description of the property, including the serial number, if reasonably available, or other identifying characteristics; or(C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. Section 228b), that obtains livestock from a commission merchant by representing that the actor will make prompt payment is presumed to have induced the commission merchant's consent by deception if the actor fails to make full payment in accordance with Section 409, Packers and Stockyards Act (7 U.

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(a) If the actor obtained property or secured performance of service by issuing or passing a check or similar sight order for the payment of money, when the issuer did not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders then outstanding, it is prima facie evidence of the issuer's intent to deprive the owner of property under Section 31.03 (Theft) including a drawee or third-party holder in due course who negotiated the check or order or to avoid payment for service under Section 31.04 (Theft of Service) (except in the case of a postdated check or order) if:(1) the issuer had no account with the bank or other drawee at the time the issuer issued the check or sight order; or(2) payment was refused by the bank or other drawee for lack of funds or insufficient funds, on presentation within 30 days after issue, and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal.(b) For purposes of Subsection (a)(2) or (f)(3), notice may be actual notice or notice in writing that:(1) is sent by:(A) first class mail, evidenced by an affidavit of service; or(B) registered or certified mail with return receipt requested;(2) is addressed to the issuer at the issuer's address shown on:(A) the check or order;(B) the records of the bank or other drawee; or(C) the records of the person to whom the check or order has been issued or passed; and(3) contains the following statement:"This is a demand for payment in full for a check or order not paid because of a lack of funds or insufficient funds.

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