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Theft Offenses

Defining Theft

The definition of theft includes unlawfully appropriating property without the owner’s consent and knowingly receiving stolen property. The law also covers theft of service, including cable television and long distance service, cellular telephone “cloning,” cab rides and other services that must be purchased. When a person intentionally or knowingly operates another person’s vehicle without permission, it is called unauthorized use of a motor vehicle, a state jail felony. Any person who helps to commit theft, acts as a look out or just “goes along,” can be charged with the offense. If three or more people commit theft, they can be viewed as gang members and receive harsher punishment. Most theft cases are charged based upon the value of the stolen property. Prosecutors may choose to aggregate (or combine) the dollar value of all the stolen property and file a higher-level offense.

Penalties for theft

• Class C misdemeanor for theft of less than $50 or if a bad check is issued and the dollar amount is less than $20.

• Class B misdemeanor includes theft of property worth at least $50 but less than $500 or if a bad check is written and the dollar amount is at least $20 but not more than $500.

If the dollar amount is less than $50 and the person has a prior theft conviction, the crime automatically becomes a Class B misdemeanor.

• Class A misdemeanor theft includes theft of property worth at least $500 but not more than $1,500.

• State jail felony theft includes theft of property worth at least $1,500 but less than $20,000. If property valued under $1,500 is stolen from a person’s body, a human corpse or a grave, the crime is a state jail felony. For example, a juvenile commits a state jail felony by picking a person’s pocket.

• In Texas, theft of a firearm is a state jail felony.

• Federal law provides penalties ranging from 5 - 10 years for theft of a firearm, ammunition or explosive. The Federal courts have jurisdiction over a case whenever firearms, ammunition or explosives are moved through interstate commerce. This includes all firearms and ammunition sold and shipped across state lines.

• Unauthorized use of a motor vehicle is a state jail felony.

• If the value of the stolen property is less than $1,500 but the offender has been convicted of theft twice before, the offense is increased to a state jail felony.

• Theft of a military grave marker is a state jail felony.

• Theft of any number of cattle, horses, exotic livestock or fowl and 10 or more head of sheep, swine or goats is a third-degree felony.

• If the dollar amount exceeds $20,000 but is less than $100,000, the theft can be prosecuted as a third degree felony.

• If the dollar amount exceeds $100,000 but is less than $200,000, the theft can be prosecuted as a seconddegree felony.

• If the dollar amount exceeds $200,000 or more, the theft can be prosecuted as a first-degree felony.

ACCORDING TO RESEARCH PUBLISHED BY OJJDP, ONE OUT OF SIX JUVENILES 12 TO 17 IS THE VICTIM OF THEFT, ROBBERY OR BURGLARY EVERY YEAR.

Penalties for theft of service

• Class C misdemeanor involves theft of service valued at less than $20.

• Class B misdemeanor – at least $20 but not more than $500.

• Class A misdemeanor – at least $500 but not more than $1,500.

• State jail felony through first-degree felony – punishment ranges are identical to those for theft.

THEFT OF A FIREARM IS ALWAYS A FELONY.

Robbery and Burglary

Robbery is committed by taking property from another person through threats or actual use of force. For example, if a juvenile uses threats to intimidate someone into giving, “loaning,” or relinquishing any property, regardless of the dollar value, he or she has committed robbery. Robbery is a second-degree felony, but if a deadly weapon is used or exhibited it becomes a first-degree felony. Robbery is punishable by confinement in a secure facility and may result in a juvenile being certified to be tried as an adult. Committing a bank robbery may also result in federal prosecution.

Burglary is the theft of property by entering into a place not open to the public. For example, a juvenile who breaks a store window and steals property commits burglary of a building, a state jail felony. Burglary of a residence is a second degree felony. If a juvenile opens an unlocked door, enters a home and steals property (regardless of its value), the juvenile will be charged with a second-degree felony. This offense may be enhanced to a first-degree felony if the burglary is of a habitation and the offender entered the habitation with the intent to commit a felony other than the burglary.

Burglary of a coin-operated machine and burglary of a vehicle are both Class A misdemeanors. If the “vehicle” burglarized is a railroad car the penalty increases to a state jail felony.

USING A GUN TO COMMIT AGGRAVATED ROBBERY IS A VERY SERIOUS OFFENSE. PUNISHMENT FOR THIS TYPE OF FIRST-DEGREE FELONY IS UP TO 40 YEARS FOR A JUVENILE OFFENDER OR UP TO A LIFE SENTENCE FOR AN ADULT OFFENDER.

Source: Texas Attorney General: Teachers Guide "Consequenses"; 2010. p26-28.