Theft — Tex. Penal Code §31.03

Class C → F1§31.03Free preview

Theft (Tex. Penal Code §31.03): Graded by value of property. Graded by value unless a special rule applies (property type, prior theft convictions, or a §31.03(f)-(f-2) fact); see tiers and enhancements.

Statute: Tex. Penal Code §31.03
Classification: Graded by value of property
Grade range: Class C misdemeanor to First-degree felony
Culpable mental state: Intentionally / Knowingly §31.03(a)–(b)
Last checked: November 2, 2026

Elements of the Offense

MicroPenal's summary of what the State must prove. Prove each numbered element; where alternatives are listed, any one of them is enough. Wording may be condensed. The official statute text controls.

A person
Intentionally / Knowingly
Unlawfully appropriates property
With intent to deprive the owner of the property
Appropriation is unlawful because any one of these (§31.03(b))
- Without the owner's effective consent (§31.03(b)(1))
- The property is stolen and the actor appropriates it knowing it was stolen by another (§31.03(b)(2))
- The property is in the custody of a law enforcement agency, was explicitly represented by a law enforcement agent to the actor as being stolen, and the actor appropriates it believing it was stolen by another (§31.03(b)(3))

Statutory Language

The verbatim text of Tex. Penal Code §31.03 is published on the official Texas statutes website. MicroPenal does not reproduce it here; the statute controls over this summary.Read the statute

Punishment

Graded by value unless a special rule applies (property type, prior theft convictions, or a §31.03(f)-(f-2) fact); see tiers and enhancements.

Punishment tiers

Condition	Grade	Statute
Less than $100	Class C misdemeanor	§31.03(e)(1)
$100 to less than $750	Class B misdemeanor	§31.03(e)(2)(A)
Property is a driver's license, commercial driver's license, or personal identification certificate issued by Texas or another state	Class B misdemeanor	§31.03(e)(2)(C)
$750 to less than $2,500	Class A misdemeanor	§31.03(e)(3)
$2,500 to less than $30,000	State jail felony	§31.03(e)(4)(A)
Fewer than 10 head of sheep, swine, or goats, or any part of them, valued under $30,000	State jail felony	§31.03(e)(4)(A)
Regardless of value, stolen from the person of another or from a human corpse or grave (including a military grave marker)	State jail felony	§31.03(e)(4)(B)
Property is a firearm	State jail felony	§31.03(e)(4)(C)
Property is an official ballot or official carrier envelope for an election	State jail felony	§31.03(e)(4)(E)
Value less than $20,000 and the property is aluminum, bronze, copper, or brass	State jail felony	§31.03(e)(4)(F)
Cost of replacing the property is less than $30,000 and the property is a catalytic converter	State jail felony	§31.03(e)(4)(G)
Value less than $30,000, stolen in a disaster area, and the property came into the actor's custody, possession, or control by virtue of the actor's status or purported status as a disaster volunteer	State jail felony	§31.03(e)(4)(H)
$30,000 to less than $150,000	3rd degree felony	§31.03(e)(5)
Cattle, horses, or exotic livestock or exotic fowl (Agriculture Code §142.001) stolen during a single transaction, aggregate value under $150,000	3rd degree felony	§31.03(e)(5)(A)
10 or more head of sheep, swine, or goats stolen during a single transaction, aggregate value under $150,000	3rd degree felony	§31.03(e)(5)(B)
Controlled substance valued under $150,000, stolen from a commercial building in which a controlled substance is generally stored (including a pharmacy, clinic, hospital, nursing facility, or warehouse) or from a vehicle owned or operated by a wholesale distributor of prescription drugs	3rd degree felony	§31.03(e)(5)(C)
$150,000 to less than $300,000	2nd degree felony	§31.03(e)(6)(A)
Value under $300,000 and the property is an automated teller machine or the contents or components of an automated teller machine	2nd degree felony	§31.03(e)(6)(B)
$300,000 or more	1st degree felony	§31.03(e)(7)

Enhancements

Each enhancement applies only if its conditions are proven.

Condition	Raises the offense to	Statute
Value less than $100 and the defendant has previously been convicted of any grade of theft	Class B misdemeanor	§31.03(e)(2)(B)
Value less than $2,500 and the defendant has been previously convicted two or more times of any grade of theft	State jail felony	§31.03(e)(4)(D)
Actor was a public servant and the property came into the actor's custody, possession, or control by virtue of that status	+1 category (next higher)	§31.03(f)(1)
Actor was in a contractual relationship with government and the property came into the actor's custody, possession, or control by virtue of that relationship	+1 category (next higher)	§31.03(f)(2)
Owner was an elderly individual (65 or older) at the time of the offense	+1 category (next higher)	§31.03(f)(3)(A)
Owner was a nonprofit organization (tax-exempt under IRC section 501(c)(3)) at the time of the offense	+1 category (next higher)	§31.03(f)(3)(B), (h)(3)
Actor was a Medicare provider in a contractual relationship with the federal government and the property came into the actor's custody, possession, or control by virtue of that relationship	+1 category (next higher)	§31.03(f)(4)
During the offense the actor intentionally, knowingly, or recklessly caused a fire exit alarm to sound or activate; deactivated or prevented a fire exit alarm or retail theft detector from sounding; or used a shielding or deactivation instrument to prevent or attempt to prevent detection by a retail theft detector	+1 category (next higher)	§31.03(f)(5)
Property is a catalytic converter and the actor possessed a firearm during the offense (SJF, F3, or F2 grades only)	+1 category (next higher)	§31.03(f-1)
Property was copper or brass taken from a critical infrastructure facility, or from equipment or communication wires connected to it or on which it depends (fenced or not) (SJF, F3, or F2 grades only)	+1 category (next higher)	§31.03(f-2)

The §31.03(f) increases apply to grades under §31.03(e)(1)-(6), not to a $300,000+ first-degree theft. The (f-1) and (f-2) increases apply only to SJF, F3, and F2 grades under §31.03(e)(4)-(6).

Statutory definitions

Appropriate: (A) To bring about a transfer or purported transfer of title to or other nonpossessory interest in property other than real property, whether to the actor or another; or (B) to acquire or otherwise exercise control over property other than real property. §31.01(4)
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. §31.01(3)
Deprive: (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. §31.01(2)

Source and verification

Official text: Tex. Penal Code §31.03 on the Texas statutes website (statutes.capitol.texas.gov).
Last checked against the official statute text on November 2, 2026.
Published by MicroPenal from reference data release 2026-11-02. The elements and punishment above are MicroPenal's summary, not the statute itself.
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