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PENAL
CODE
TITLE
7. OFFENSES AGAINST PROPERTY
CHAPTER
31. THEFT
Sec. 31.01. DEFINITIONS. In this chapter:
(1) "Deception" means:
(A) creating or confirming by words or conduct a false
impression of law or fact that is likely to affect the judgment of another in
the transaction, and that the actor does not believe to be true;
(B) failing to correct a false impression of law or fact that
is likely to affect the judgment of another in the transaction, that the actor
previously created or confirmed by words or conduct, and that the actor does
not now believe to be true;
(C) preventing another from acquiring information likely to
affect his judgment in the transaction;
(D) selling or otherwise transferring or encumbering property
without disclosing a lien, security interest, adverse claim, or other legal
impediment to the enjoyment of the property, whether the lien, security
interest, claim, or impediment is or is not valid, or is or is not a matter of
official record; or
(E) promising performance that is likely to affect the
judgment of another in the transaction and that the actor does not intend to
perform or knows will not be performed, except that failure to perform the
promise in issue without other evidence of intent or knowledge is not
sufficient proof that the actor did not intend to perform or knew the promise
would not be performed.
(2) "Deprive" means:
(A) to withhold property from the owner permanently or for so
extended a period of time that a major portion of the value or enjoyment of the
property is lost to the owner;
(B) to restore property only upon payment of reward or other
compensation; or
(C) to dispose of property in a manner that makes recovery of
the property by the owner unlikely.
(3) "Effective consent" includes consent by a person
legally authorized to act for the owner.
Consent is not effective if:
(A) induced by deception or coercion;
(B) given by a person the actor knows is not legally
authorized to act for the owner;
(C) given by a person who by reason of youth, mental disease
or defect, or intoxication is known by the actor to be unable to make
reasonable property dispositions;
(D) given solely to detect the commission of an offense; or
(E) given by a person who by reason of advanced age is known
by the actor to have a diminished capacity to make informed and rational
decisions about the reasonable disposition of property.
(4) "Appropriate" means:
(A) to bring about a transfer or purported transfer of title
to or other nonpossessory interest in property, whether to the actor or
another; or
(B) to acquire or otherwise exercise control over property
other than real property.
(5) "Property" means:
(A) real property;
(B) tangible or intangible personal property including
anything severed from land; or
(C) a document, including money, that represents or embodies
anything of value.
(6) "Service" includes:
(A) labor and professional service;
(B) telecommunication, public utility, or transportation
service;
(C) lodging, restaurant service, and entertainment; and
(D) the supply of a motor vehicle or other property for use.
(7) "Steal" means to acquire property or service by
theft.
(8) "Certificate of title" has the meaning assigned
by Section 501.002, Transportation Code.
(9) "Used or secondhand motor vehicle" means a used
motor vehicle, as that term is defined by Section 501.002, Transportation Code.
(10) "Elderly individual" has the meaning assigned
by Section 22.04(c).
(11) "Retail merchandise" means one or more items of
tangible personal property displayed, held, stored, or offered for sale in a
retail establishment.
(12) "Retail theft detector" means an electrical,
mechanical, electronic, or magnetic device used to prevent or detect
shoplifting and includes any article or component part essential to the proper
operation of the device.
(13) "Shielding or deactivation instrument" means
any item or tool designed, made, or adapted for the purpose of preventing the
detection of stolen merchandise by a retail theft detector. The term includes a
metal-lined or foil-lined shopping bag and any item used to remove a security
tag affixed to retail merchandise.
(14) "Fire exit alarm" has the meaning assigned by
Section 793.001, Health and Safety Code.
