Texas Penal Code 31.03: Theft Offense Levels and Sentences

Texas Penal Code Section 31.03 is the state’s single theft statute, and it grades offenses on a ladder that runs from a Class C misdemeanor for property worth under $100 to a first-degree felony for thefts of $300,000 or more.1State of Texas. Texas Penal Code 31.03 – Theft Value sets the baseline, but the statute also carries automatic upgrades for certain kinds of property, certain victims, and repeat offenders. A conviction reaches beyond the sentence itself into civil liability, licensing, and immigration.

What the Statute Makes Illegal

A person commits theft by unlawfully taking someone else’s property with the intent to deprive the owner of it. The taking is unlawful if it happens without the owner’s effective consent, or if the person knows the property was already stolen by someone else.1State of Texas. Texas Penal Code 31.03 – Theft Accepting property that a law enforcement agent represents as stolen also counts, if you believed it was stolen.

Consent obtained by deception, threats, or from someone who lacked capacity to agree does not count. That is how the statute reaches con artists and people who trick incapacitated individuals into handing over money. “Property” is broad: cash, real estate, documents, trade secrets, and services such as labor or utility use. You do not have to physically carry something away. Exercising control over another person’s property with intent to cause a loss is enough.

Offense Levels by Value

The fair market value of the property at the time of the offense sets the baseline grade:

  • Less than $100: Class C misdemeanor
  • $100 to $749: Class B misdemeanor
  • $750 to $2,499: Class A misdemeanor
  • $2,500 to $29,999: state jail felony
  • $30,000 to $149,999: third-degree felony
  • $150,000 to $299,999: second-degree felony
  • $300,000 or more: first-degree felony1State of Texas. Texas Penal Code 31.03 – Theft

Even a low-value theft jumps to a Class B misdemeanor if the person has any prior theft conviction, or if the stolen item is a driver’s license or state-issued ID card.

Automatic Upgrades Regardless of Value

Some categories of property skip the value ladder entirely. Stealing a firearm is a state jail felony no matter what the gun is worth.1State of Texas. Texas Penal Code 31.03 – Theft Taking property directly from another person’s body carries the same floor, so pickpocketing a few dollars is still a state jail felony.

Catalytic converter theft valued under $30,000 is a state jail felony. The same floor applies to theft of aluminum, bronze, copper, or brass valued under $20,000. Livestock has its own rules: fewer than 10 head of sheep, swine, or goats worth under $30,000 is a state jail felony, while cattle, horses, or exotic livestock stolen in a single transaction worth under $150,000 jumps straight to a third-degree felony. ATM theft (the machine, its contents, or its components) under $300,000 is automatically a second-degree felony.

Enhancements That Bump the Grade Up One Tier

Several circumstances move the charge to the next higher offense level, on top of whatever the value would otherwise support.1State of Texas. Texas Penal Code 31.03 – Theft A public servant who stole property that came into their hands through the government role faces the next higher charge. So does anyone in a contractual relationship with the government, including Medicare providers, who stole property tied to that contract.

When the victim is an elderly person or a nonprofit organization, the charge also moves up one tier. For shoplifting, using a device to defeat retail theft detectors or triggering a fire exit alarm during the theft triggers the same bump. Because these stack on the value-based grade, a public servant stealing $40,000 in government property faces a second-degree felony rather than the usual third-degree charge.

Prior Convictions

Two or more prior theft convictions of any grade push any theft under $2,500 from a misdemeanor to a state jail felony. A single prior theft conviction upgrades a sub-$100 theft from a Class C to a Class B misdemeanor. Repeat shoplifters run into this quickly: what starts as a fine-only offense turns into felony exposure with prison time after enough convictions stack up.

Sentences at Each Level

Each grade carries its own punishment range:

One detail catches people off guard. A state jail felony can be punished as a third-degree felony if the person used a deadly weapon during the theft or has a prior conviction for certain serious felonies.4State of Texas. Texas Penal Code 12.35 – State Jail Felony Punishment That change moves the ceiling from two years in state jail to as much as 10 years in prison.

Aggregating Multiple Thefts

Prosecutors can combine the value of multiple thefts into a single charge when the thefts were part of one scheme or continuing course of conduct. Amounts add together to set the offense grade, even when the thefts targeted different victims.8Justia Law. Texas Penal Code Chapter 31 – Theft Someone taking $500 a week from an employer for a year faces a single charge reflecting the $26,000 total rather than 52 separate misdemeanors. Embezzlement cases and ongoing retail theft rings usually get charged this way.

How Long the State Has to File

Most felony theft charges must be brought within five years from the date of the offense.9State of Texas. Texas Code of Criminal Procedure Chapter 12 – Limitation Two categories get 10 years: theft by a public servant of public money or property, and theft by a fiduciary such as an executor, guardian, or trustee. Misdemeanor theft charges generally must be filed within two years.

The clock runs from the date of the theft, not the date it was discovered. That matters most in embezzlement cases, where losses often go undetected for months. Once the period expires, the state loses the ability to prosecute regardless of how strong the evidence is.

Common Defenses

Section 31.03 requires proof that the person intended to deprive the owner of property, and that intent element drives most defenses.

A mistake of fact defense applies when someone genuinely believed the property belonged to them, such as grabbing a jacket from a restaurant coat rack that looks identical to their own. The belief has to be reasonable. Claiming you thought an unlocked car was yours without any basis for that belief will not hold up.

Consent is another frequent battleground. If the owner actually gave permission, or the person reasonably believed permission existed, the taking was not unlawful. This comes up in disputes among business partners, family members, and roommates where the lines around shared property are unclear. The prosecution has to prove effective consent was absent, so texts, emails, or witnesses supporting permission can defeat the charge.

Lack of intent to deprive is related but distinct. Borrowing an item with a genuine plan to return it is not theft. Proving what was going on in someone’s head is hard, so this defense works best when there is objective evidence of a plan to return the property.

Civil Liability for the Same Conduct

A theft charge does not end with the criminal case. Under the Texas Theft Liability Act, a person who commits theft is liable to the victim for actual damages plus additional damages up to $1,000, as determined by the court or jury.10Texas Legislature. Texas Civil Practice and Remedies Code Chapter 134 – Texas Theft Liability Act The prevailing party also recovers court costs and reasonable attorney’s fees. When a minor commits the theft, a parent or guardian can be held liable for actual damages up to $5,000.

The civil case is independent of the criminal one. A person can be acquitted of criminal theft and still lose a civil suit, because civil cases use a lower burden of proof. Retailers often send civil demand letters after shoplifting incidents; those letters are a request, not a court order, and paying them does not resolve any pending criminal charge.

Consequences Beyond Sentencing

A theft conviction creates a permanent criminal record that affects employment, housing, and professional licensing. Background checks are routine in Texas, and a conviction involving dishonesty is particularly damaging for jobs that involve money, inventory, or sensitive information.

Texas licensing boards can deny or revoke professional licenses when a conviction is directly related to the duties of the occupation. Theft convictions fit that description for fields like accounting, nursing, real estate, and financial services. The board weighs the seriousness of the offense, how long ago it happened, and evidence of rehabilitation, but the conviction itself creates an uphill fight.

For noncitizens, a theft conviction can trigger deportation or make someone inadmissible. Federal immigration law treats theft with intent to permanently deprive the owner as a crime involving moral turpitude. Even a misdemeanor-level theft can carry immigration consequences depending on the sentence and prior record, which is why plea negotiations in these cases often focus as much on the immigration outcome as on the criminal penalty.