Theft of Property Under the Texas Penal Code: Penalties and Enhancements

The Texas Penal Code defines theft of property in Section 31.03 as unlawfully taking someone else’s property with intent to deprive them of it, and it scales the punishment from a fine-only Class C misdemeanor to a first-degree felony carrying up to 99 years in prison.¹ Where your case lands on that scale depends almost entirely on two things: the value of what was taken and whether the property or your criminal history triggers an enhancement.

What the State Has to Prove

Section 31.03 requires prosecutors to establish three things beyond a reasonable doubt. First, that you appropriated the property, which covers any exercise of control over it, not just physically carrying it off. Concealing merchandise in a bag, transferring funds from someone else’s account, or driving away in a car you have no right to use all qualify. Second, that the owner did not give effective consent. Consent obtained through deception, threats, or fraud doesn’t count, and permission that expires (such as a rental term that has ended) stops protecting you once the agreed terms run out. Third, that you intended to deprive the owner of the property, meaning you meant to keep it or hold it long enough to seriously undermine the owner’s use of it.¹

Intent is usually proved through circumstantial evidence: surveillance footage, witness testimony, or behavior inconsistent with innocent possession. Texas courts have held that returning the property after being caught does not erase the original intent.

Charge Level by Dollar Value

The single most important factor is the value of the stolen property. Section 31.03(e) sets the following brackets:¹

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 felony

Courts measure fair market value at the time and place of the offense. When fair market value is hard to establish, replacement cost may be used instead. Prosecutors typically rely on receipts, appraisals, or owner testimony, and valuation disputes are common with unique items, used goods, and property whose condition at the time of the theft is contested.

What Each Classification Actually Costs

Chapter 12 of the Penal Code sets the punishment ranges that attach to each classification above:²

Class C misdemeanor: Fine up to $500. No jail time.
Class B misdemeanor: Fine up to $2,000, up to 180 days in county jail, or both.
Class A misdemeanor: Fine up to $4,000, up to one year in county jail, or both.
State jail felony: 180 days to two years in a state jail facility, plus a fine up to $10,000.
Third-degree felony: Two to 10 years in prison, plus a fine up to $10,000.
Second-degree felony: Two to 20 years in prison, plus a fine up to $10,000.
First-degree felony: Five to 99 years in prison or life, plus a fine up to $10,000.

On top of any sentence, a judge may order restitution requiring you to repay the victim for the value of the stolen property. Sentencing within these ranges takes into account your criminal history, the circumstances of the offense, and the impact on the victim.

Property and Circumstances That Raise the Charge

Certain property types trigger automatic enhancements regardless of what the item is worth. Under Section 31.03(e)(4) and (f), the following are at least a state jail felony even when the dollar value is low:¹

Any stolen firearm, even an inexpensive handgun.
Property taken directly from a person, or from a human corpse or grave, including military grave markers.
Aluminum, bronze, copper, or brass valued under $20,000.
Catalytic converters with a replacement cost under $30,000.
Official election ballots or carrier envelopes.

Livestock gets its own enhanced treatment. Stealing cattle, horses, or exotic livestock worth less than $150,000 in a single transaction is a third-degree felony, as is taking 10 or more sheep, goats, or hogs in one transaction. Theft of controlled substances from a pharmacy, hospital, or drug distributor’s vehicle is also a third-degree felony when the value is under $150,000.¹

Combined Thefts and Prior Convictions

Two mechanisms frequently push what looks like a minor case into felony territory. The first is aggregation. Under Section 31.09, when multiple thefts are committed as part of one scheme or continuing course of conduct, the state can combine the dollar amounts and charge the whole thing as a single, higher-grade offense. An employee skimming $500 a week for two months is not facing a series of misdemeanors; the prosecutor can aggregate the amounts into one felony charge once the total crosses $2,500. This is how many embezzlement and ongoing retail theft cases end up as felonies.

The second is prior convictions. A person with two or more prior theft convictions of any grade faces a state jail felony for any new theft, no matter how small the amount.¹ Even a single prior conviction bumps a sub-$100 theft from a Class C to a Class B misdemeanor. Prosecutors pull criminal history as a matter of routine, and this is often what turns a shoplifting arrest into a case with real prison exposure.

How Long the State Has to File Charges

Texas limits how long prosecutors have to bring theft charges after the offense. Misdemeanor theft generally carries a two-year statute of limitations. Most felony theft offenses carry five years. The clock starts on the date of the offense, not the date the theft was discovered, which matters in cases involving long-running embezzlement or schemes where the loss isn’t noticed right away. Once the limitations period expires, the state can no longer prosecute.

A Civil Lawsuit Can Follow the Criminal Case

Criminal prosecution is not the only financial exposure. Under Chapter 134 of the Civil Practice and Remedies Code, a theft victim can sue in civil court for actual damages plus additional damages of up to $1,000, and the prevailing party recovers court costs and reasonable attorney’s fees.³ When a minor commits the theft, a parent or guardian can be held responsible for actual damages up to $5,000.

Retailers routinely send civil demand letters after shoplifting incidents seeking a flat payment that covers the merchandise value and the retailer’s incident-handling costs. Paying or ignoring that letter has no effect on whether the state files criminal charges. The civil and criminal cases operate independently.

Consequences Beyond the Sentence

A theft conviction creates ripple effects that often cause more long-term damage than the fine or jail term itself.

Employment and Professional Licenses

Most employers run background checks, and theft is treated as a crime of dishonesty. That label is especially damaging for jobs that involve handling money, financial systems access, or any position of trust. Licensing boards look at theft convictions carefully. The Texas Board of Nursing specifically lists theft and theft of service among the offenses that factor into licensing decisions, and a conviction can result in exclusion from working in facilities that receive federal healthcare funding like Medicare and Medicaid.⁴ Similar scrutiny applies in law, real estate, accounting, and other regulated fields.

Firearm Rights

A felony theft conviction triggers the federal prohibition on possessing firearms or ammunition under 18 U.S.C. § 922(g), which bars anyone convicted of a crime punishable by more than one year of imprisonment.⁵ In practical terms, any Texas theft conviction at the state jail felony level or above costs you your gun rights. The prohibition is permanent unless restored through a pardon or other relief.

Immigration

For non-citizens, the stakes are especially high. The U.S. Department of State treats theft with intent to permanently deprive the owner as a crime involving moral turpitude, which can trigger visa denial, deportation, or inadmissibility.⁶ A narrow petty offense exception may apply if the theft is your only crime involving moral turpitude, the maximum possible sentence did not exceed one year, and the actual sentence imposed was six months or less.⁷ That exception essentially limits protection to Class B and Class C misdemeanor convictions where the sentence stayed under six months. Anything above that level, or a second qualifying offense, eliminates it.

Clearing a Theft Record

Texas offers two paths for limiting public access to a theft record, and they work differently.

Expunction erases the record as though the arrest never happened. It is available when a case ended in your favor: acquittal, pardon, dismissal, or situations where charges were never filed and the statute of limitations has run. Expunction is generally not available after a conviction. Waiting periods still apply before you can file: 180 days from the arrest date for a Class C misdemeanor arrest where no charges were filed, one year for Class A and Class B misdemeanor arrests, and three years for felony arrests. The waiting period can be skipped if the prosecutor certifies the records are no longer needed for any investigation.

Nondisclosure is the more likely option if your case ended in a conviction or you completed deferred adjudication. A nondisclosure order seals your record from public view so it will not appear on most background checks, though law enforcement and certain government agencies can still see it. Theft is not among the offenses that categorically disqualify you from nondisclosure, unlike murder, trafficking, or offenses requiring sex offender registration. Waiting periods range from 180 days to five years depending on how your case was resolved and whether the charge was a misdemeanor or felony. A new conviction during the waiting period, other than a fine-only traffic offense, makes you ineligible.

Neither remedy happens automatically. Both require filing a petition with the court, and a judge decides whether to grant the request based on whether every statutory requirement is met.

1
State of Texas. Texas Penal Code 31.03 – Theft
2
State of Texas. Texas Penal Code Chapter 12 – Punishments
3
State of Texas. Texas Civil Practice and Remedies Code Chapter 134 – Texas Theft Liability Act
4
Texas Board of Nursing. Disciplinary Guidelines for Criminal Conduct
5
Bureau of Alcohol, Tobacco, Firearms and Explosives. Identify Prohibited Persons
6
U.S. Department of State. Foreign Affairs Manual – Ineligibility Based on Criminal Activity
7
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 12, Part F, Chapter 5 – Conditional Bars for Acts in Statutory Period