Texas

SHOPLIFTING LAWS DEFINED 

(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;...

Read More

SHOPLIFTING CRIMINAL PENALTIES SUMMARY

By NOLO

ChargeClassificationPenalty
Theft of property valued at less than $50Class C misdemeanorFines up to $500
Theft of property valued at $50 or more and less than $500Class B misdemeanorJail time up to 180 days and/or a fine up to $2,000
Theft of property valued at less than $50 if the offender has a previous theft convictionClass B misdemeanorJail time up to 180 days and/or a fine up to $2,000
Theft of property valued at $500 or more and less than $1,500Class A misdemeanorJail time up to one year and/or a fine up to $4,000
Theft of property valued at $1,500 or more and less than $20,000, or theft of a firearmState jail felonyJail time between 180 days and 2 years in a state penitentiary and fines up to $10,000
Theft of property valued at $20,000 or more and less than $100,000Third degree felonyJail time between 2-10 years and fines up to $10,000
Theft of property valued at $100,000 or more and less than $200,000Second degree felonyJail time between 2-20 years and fines up to $10,000
Theft of property valued at over $200,000First degree FelonyJail time between 5-99 years and fines up to $10,000

Read More

PROFESSIONAL ASSISTANCE

You must not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider.

No Comments Yet.

Leave a comment

You must be Logged in to post a comment.