Theft From the Elderly in Texas: Charges, Reporting, and Recovery

In Texas, theft from an elderly person — anyone 65 or older — is automatically charged one level higher than the same theft against a younger adult, under Penal Code Section 31.03(f). A fine-only Class C misdemeanor becomes a jailable Class B. A state jail felony becomes a third-degree felony with real prison time. On top of the criminal case, families can report the exploitation to state and federal agencies and sue the thief directly to recover what was taken, plus attorney fees.1State of Texas. Texas Code Penal 31.03 – Theft

How the Age Enhancement Changes the Charge

The enhancement applies regardless of the dollar amount involved. Every rung of the Texas theft ladder shifts up by one when the victim is 65 or older, with “elderly individual” defined in Penal Code Section 22.04.2State of Texas. Texas Code Penal 22.04 – Injury to a Child, Elderly Individual, or Disabled Individual The amount stolen still sets the starting point; the age of the victim decides where it lands.

Prosecutors do not have to prove the offender knew the victim’s age. The victim’s age at the time of the offense is what triggers the step up.1State of Texas. Texas Code Penal 31.03 – Theft So the same $5,000 bank drain that would be a state jail felony against a 40-year-old becomes a third-degree felony against a 65-year-old, with prison time on the table instead of a state jail sentence.

Exploitation: The Broader Charge

Not every misuse of an elderly person’s money fits cleanly within the theft statute. Penal Code Section 32.53 fills the gap by making it a crime to intentionally, knowingly, or recklessly cause the exploitation of an elderly person, defined as the improper use of their resources for someone else’s benefit.6State of Texas. Texas Code Penal 32.53 – Exploitation of Child, Elderly Individual, or Disabled Individual

This reaches two situations theft often cannot. First, it covers “improper” use rather than outright taking. An adult child who is a joint signer on a parent’s account but spends the balance on their own luxuries fits the statute even though they had legal account access. Second, it reaches reckless conduct. A caregiver who burns through a senior’s savings with grossly irresponsible decisions can be charged without any proof of intent to steal.

Exploitation of an elderly individual is a third-degree felony, 2 to 10 years in prison and a fine up to $10,000.4State of Texas. Texas Code Penal 12.34 – Third Degree Felony Punishment Prosecutors can stack exploitation and theft charges on the same conduct, though if both result in convictions, the sentences run concurrently rather than back to back.6State of Texas. Texas Code Penal 32.53 – Exploitation of Child, Elderly Individual, or Disabled Individual

How to Report Elder Theft

Texas law requires anyone with knowledge of abuse, neglect, or exploitation of an elderly person to report it. According to the Texas Attorney General’s office, this duty applies to family members, friends, bank tellers, and neighbors, not just doctors or social workers.7Office of the Attorney General of Texas. How to Spot and Report Elder Abuse and Neglect Not reporting carries its own legal consequences.

The main channel is the Texas Department of Family and Protective Services. Two ways to file:

If someone is actively draining accounts or there is a threat to safety, call local police first. A DFPS caseworker will begin the case within 24 hours, but when the report alleges only financial exploitation and the victim is not facing immediate hardship, the in-person visit can be as much as 14 calendar days out.10Texas Department of Family and Protective Services. APS Case Process Two weeks is a long time if a caregiver is withdrawing money daily, so a parallel police report and a direct call to the senior’s bank are the fastest ways to stop the loss.

Before filing, gather what you can: the elderly person’s full name, address, and date of birth; the suspected person’s name and relationship to the senior; dates and descriptions of suspicious transactions; and any bank statements showing unauthorized withdrawals. You do not need all of it to make a report, but more detail moves the investigation faster.

For cross-state fraud or federal crimes, the National Elder Fraud Hotline at 833-372-8311 assigns a case manager who helps route the report. The line operates Monday through Friday, 10 a.m. to 6 p.m. Eastern, in multiple languages.11Office for Victims of Crime. National Elder Fraud Hotline

Getting the Money Back

Restitution Through the Criminal Case

When a defendant is convicted of theft or exploitation, the judge can order restitution — the specific dollar amount stolen, paid back to the victim. The court has discretion, but if it declines or orders only partial restitution, it must put its reasons on the record.12State of Texas. Texas Code of Criminal Procedure Art. 42.037 – Restitution

If the defendant is on probation or parole, restitution becomes a condition of release, and missed payments can trigger revocation. The payment schedule cannot extend beyond five years after the prison term ends, or five years after sentencing if no prison was imposed. A restitution order can also be enforced like a civil judgment, which opens the door to wage garnishment or liens. The practical ceiling is the defendant’s assets. If they have already spent what they stole, restitution collects slowly or not at all.

A Civil Lawsuit Under the Theft Liability Act

Victims and legal guardians do not have to wait for a criminal conviction. Chapter 134 of the Texas Civil Practice and Remedies Code, known as the Theft Liability Act, lets anyone damaged by theft sue the person who committed it. A winning plaintiff can recover actual damages, up to $1,000 in additional statutory damages, court costs, and reasonable attorney fees.13State of Texas. Texas Code Civil Practice and Remedies 134.005 – Recovery

The attorney-fee provision is what makes a civil case workable for many families, because the defendant pays the legal bill on top of the stolen amount. The civil case also uses a lower burden of proof. Criminal conviction requires proof beyond a reasonable doubt; a civil theft claim requires only a preponderance of the evidence. Cases that collapse on the criminal side sometimes succeed on the civil side with the same facts, and a civil lawsuit can go forward before, during, or after a criminal prosecution.

Stopping Losses Already in Progress

Brokerage firms have a specific tool under FINRA Rule 2165. If the firm reasonably believes a person 65 or older is being financially exploited, it can place a temporary hold on a disbursement or securities transaction for up to 15 business days, and a state regulator or court can extend that.14FINRA. FINRA Rule 2165 – Financial Exploitation of Specified Adults The firm must notify the account’s authorized parties and any designated trusted contact within two business days, unless one of them is suspected of being the exploiter.

That is why advisors increasingly push clients to name a trusted contact on their accounts. The contact gets no authority over the account; they are simply someone the firm can call when a transaction looks wrong. For an elderly relative with investment accounts, confirming that a trusted contact is on file is one of the simplest protective moves available.

If a bank or financial firm ignored clear signs of exploitation, a complaint can be filed with the Consumer Financial Protection Bureau at consumerfinance.gov/complaint. The CFPB forwards the complaint to the company, which generally responds within 15 days.15Consumer Financial Protection Bureau. Submit a Complaint

Misuse of Social Security by a Representative Payee

If the person stealing is a representative payee — someone appointed to manage Social Security payments for a beneficiary who cannot manage their own money — federal penalties apply on top of any Texas charges. A convicted payee faces a federal fine up to $250,000, up to 10 years in prison, or both. When the case is not criminally prosecuted, the Social Security Administration can impose a civil penalty up to $5,000 for each payment misused, plus an assessment of up to twice the total amount misused. The payee also owes the beneficiary every dollar diverted, which SSA treats as an overpayment and pursues through its own recovery process.16Social Security Administration. Use of Benefit Payments

Suspected payee misuse should be reported to the SSA Office of the Inspector General in addition to DFPS. The two investigations run independently, and the victim may be entitled to recovery through both.