Texas Theft Ladder: Seven Tiers by Dollar Amount and Enhancements

Texas grades theft charges by dollar amount on a seven-step ladder, from a Class C misdemeanor for property worth less than $100 to a first-degree felony for theft of $300,000 or more, which carries up to 99 years in prison. Certain items — firearms, catalytic converters, property taken off a person — bump the charge above what the dollar figure alone would set, and a prior theft history can push a small case straight into felony territory.

How Texas Values the Stolen Property

The value used to grade your case is not always the sticker price. Under Texas Penal Code Section 31.08, the default measure is fair market value at the time and place of the offense. When fair market value is hard to pin down, as with one-of-a-kind items or heavily used goods, the law falls back on the cost of replacing the property within a reasonable time after the theft.¹

If you already had a partial legal interest in the property or paid something toward it, you can present evidence of that interest and have that amount deducted from the total the court uses to grade the offense.

Aggregation matters too. When property is taken across multiple incidents as part of a single ongoing scheme, prosecutors can add every incident together and charge the total. A string of small thefts can become one felony rather than several misdemeanors.²

The Seven Tiers of Texas Theft

Once the value is set, Texas Penal Code Section 31.03 locates the offense on a fixed ladder. The first three rungs are misdemeanors; the top four are felonies.

Misdemeanor Theft

Class C misdemeanor — under $100. Fine up to $500, no jail time. This is the lowest criminal offense in Texas, but a conviction still shows up on background checks.³⁴
Class B misdemeanor — $100 to under $750. Up to 180 days in county jail and a fine up to $2,000. This tier also captures stolen driver’s licenses or state-issued IDs regardless of their face value.³
Class A misdemeanor — $750 to under $2,500. Up to one year in county jail and a fine up to $4,000. This is the last stop before felony territory.³

One prior theft conviction of any grade bumps a sub-$100 theft from a Class C to a Class B, so a single earlier shoplifting case changes the math for the next one.³

Felony Theft

At $2,500 the case crosses into felony territory, with consequences that go well beyond fines and county jail. A felony conviction can strip voting rights during incarceration, disqualify you from certain professional licenses, and complicate housing and employment for years.

State jail felony — $2,500 to under $30,000. Confinement in a state jail facility for 180 days to two years and a fine up to $10,000. State jail time is served day-for-day with no parole.³⁴
Third-degree felony — $30,000 to under $150,000. Two to 10 years in prison and a fine up to $10,000.³
Second-degree felony — $150,000 to under $300,000. Two to 20 years in prison and a fine up to $10,000. Stealing an ATM or its contents also lands here regardless of the amount inside.³
First-degree felony — $300,000 or more. Five to 99 years in prison, or life, plus a fine up to $10,000. This is the same punishment range Texas uses for aggravated robbery and murder.³

When the Item Overrides the Dollar Amount

Several categories of property under Section 31.03(e)(4) qualify as at least a state jail felony no matter how little they are worth.

Firearms of any kind. Stealing a gun worth $50 is a state jail felony.
Property taken directly from a person, which covers pickpocketing and purse-snatching.
Items from a corpse or grave, including military grave markers.
Catalytic converters, with replacement cost under $30,000 as a state jail felony. Because catalytic converters rarely exceed that figure, nearly every case falls here.
Aluminum, bronze, copper, or brass valued under $20,000, aimed at scrap-metal rings.
Official ballots or ballot carrier envelopes.

Livestock has its own rules. Fewer than 10 head of sheep, swine, or goats worth under $30,000 is a state jail felony, and cattle, horses, or exotic livestock worth $30,000 to under $150,000 jumps to a third-degree felony.³

Enhancements That Push the Charge Up One Level

Section 31.03(f) raises the offense grade by one full step on the ladder when any of the following applies:

The victim is elderly.
The victim is a nonprofit organization.
The defendant is a public servant and the property came into their hands because of that position.
The defendant is a government contractor and the property arrived through that contract.
The defendant is a Medicare provider and the theft is tied to a Medicare contract.
The defendant tampered with a retail theft detector, triggered a fire exit alarm to escape, or used a shielding device during the theft.

These enhancements stack with the value ladder. Taking $800 in goods from an elderly person would ordinarily be a Class A misdemeanor; the enhancement moves it to a state jail felony.³

Two Prior Thefts Turn a Small Case Into a Felony

The repeat-offender rule under Section 31.03(e)(4)(D) is the enhancement that most often catches defendants off guard. Two or more prior theft convictions of any grade, combined with a new theft of property worth less than $2,500, produces a state jail felony charge. Two prior Class C shoplifting convictions are enough. The value of the current case can be trivially small and still trigger felony exposure.³

Organized Retail Theft Is a Separate, Harsher Ladder

Texas Penal Code Section 31.16 targets organized shoplifting as its own offense. It applies when you take merchandise while working with at least one other person, steal from the same retailer twice within 180 days, or knowingly benefit from someone else’s organized retail theft. A newer provision covers coordinating to overwhelm a store’s security response.⁵

At every dollar level, organized retail theft is one grade higher than ordinary theft:

Under $100: Class B misdemeanor
$100 to under $750: Class A misdemeanor
$750 to under $2,500: state jail felony
$2,500 to under $30,000: third-degree felony
$30,000 to under $150,000: second-degree felony
$150,000 or more: first-degree felony

Deferred adjudication under this section counts as a conviction for enhancement purposes if a future theft is filed.⁵

Restitution and Civil Liability on Top of the Sentence

The criminal fine is not the only money at stake. Under Article 42.037 of the Code of Criminal Procedure, the sentencing judge can order you to return the stolen property or pay its value, measured at the date of the theft or the date of sentencing, whichever is greater, minus anything already returned. Restitution is separate from fines, and missing a payment can support a probation violation or contempt finding.⁶

The victim can also sue in civil court under Chapter 134 of the Civil Practice and Remedies Code and recover actual damages plus up to $1,000 in additional damages, court costs, and attorney’s fees. That civil case is independent of the criminal one: a not-guilty verdict does not block it, because the standard of proof is lower.⁷

1
State of Texas. Texas Penal Code 31.08 – Value
2
State of Texas. Texas Penal Code 31.09 – Aggregation of Amounts Involved in Theft
3
State of Texas. Texas Penal Code 31.03 – Theft
4
Office of the Attorney General of Texas. Penal Code Offenses by Punishment Range
5
State of Texas. Texas Penal Code 31.16 – Organized Retail Theft
6
State of Texas. Texas Code of Criminal Procedure Art 42.037 – Restitution
7
State of Texas. Texas Civil Practice and Remedies Code 134.005 – Recovery