Texas treats “theft” as a single statutory offense under Section 31.03 of the Penal Code — but in practice, the law contains dozens of distinct theft and theft-related crimes, each with its own elements, punishment range, and defenses. A shoplifting case and a robbery case might both involve taking property, but they live in completely different parts of the code and carry wildly different consequences.
This guide walks through every category of theft offense Texas recognizes, from a misdemeanor petty theft up to first-degree aggravated robbery. The goal is orientation, not legal advice for a specific case.
How Texas Classifies Theft
Before getting into specific offenses, it helps to understand how Texas grades theft. Under Penal Code § 31.03, the punishment for a basic theft is determined almost entirely by the value of the property taken — what prosecutors call the “value ladder.”
- Less than $100 — Class C misdemeanor (fine only, up to $500)
- $100 to less than $750 — Class B misdemeanor (up to 180 days in jail and a $2,000 fine)
- $750 to less than $2,500 — Class A misdemeanor (up to 1 year in jail and a $4,000 fine)
- $2,500 to less than $30,000 — State jail felony (180 days to 2 years in a state jail facility)
- $30,000 to less than $150,000 — Third-degree felony (2 to 10 years in prison)
- $150,000 to less than $300,000 — Second-degree felony (2 to 20 years)
- $300,000 or more — First-degree felony (5 to 99 years or life)
Certain factors can bump a charge up a level regardless of value — for example, stealing from an elderly person, stealing a firearm, or having prior theft convictions. We’ll touch on those enhancements throughout.
Basic Theft Offenses Under § 31.03
Shoplifting (Theft from a Retail Establishment)
There is no separate “shoplifting” statute in Texas. What people call shoplifting is prosecuted as theft under § 31.03, with the value ladder above determining the level. A $40 pair of jeans concealed in a purse is a Class C theft; a $900 handbag is a Class A misdemeanor; a coordinated retail crew clearing $3,000 from a store hits state jail felony territory.
Retailers can also send civil demand letters seeking statutory damages on top of the criminal case — those letters are separate from the prosecution and don’t make the criminal charge go away. For juveniles caught shoplifting, the system handles cases differently and often through diversion; see our overview of juvenile shoplifting defense. For adults looking at first-time options, theft intervention programs are often available.
Self-Checkout Theft
The rise of self-checkout has created a specific enforcement pattern: customers who skip-scan, fake-scan, or swap barcodes are increasingly charged with theft. Retail loss-prevention teams use video and weight-discrepancy data to build cases, and prosecutors treat these the same as concealment-style shoplifting. Read more on the self-checkout theft analysis, and a related discussion of why otherwise law-abiding adults end up in these cases.
Theft of Services
Section 31.04 covers situations where someone obtains a service — a hotel stay, a rideshare, a meal at a restaurant, cable TV, lawn care — by deception, threat, or by refusing to pay after the service is rendered. Theft of services follows the same value ladder as theft of property.
Unpaid tolls fall in this neighborhood. Texas tollway authorities can refer chronic non-payers for criminal enforcement; see our dedicated page on unpaid toll charges.
Theft by Check / Issuance of Bad Check
Section 32.41 makes it an offense to issue a check knowing the account lacks sufficient funds. It overlaps with theft when the check was used to acquire property or services. Most cases start as merchant complaints to the local hot-check division.
Theft of Trade Secrets
Section 31.05 separately criminalizes the copying, communication, or unauthorized use of a trade secret. This is a third-degree felony regardless of dollar value and most often comes up in departing-employee disputes.
Organized Retail Theft
Section 31.16 targets coordinated shoplifting crews — people who steal merchandise with the intent to resell or distribute it. The grade depends on the aggregate value of the merchandise involved across a 30-day period, which lets prosecutors stack incidents together to push the case into felony range. For a deeper look at how these cases are investigated and charged, see organized retail theft in Texas.
Cargo Theft
Section 31.18 covers the theft of cargo from commercial vehicles, trailers, or rail cars. Cargo theft is always a felony — minimum state jail felony, escalating up to first-degree at $200,000 or more.
Theft of Petroleum Product
A specific Section 31.19 offense targeting oil and gas theft, which became a serious enforcement priority during shale-boom years. State jail felony at the floor; first-degree felony at $300,000 or more.
Theft of Multichannel Video or Information Services
Section 31.12 covers stealing cable, satellite, internet, or other information services — the modern version of “stealing cable.”
Mail Theft
Section 31.20 was added in 2019 to give Texas its own statute (rather than relying on federal mail theft) for stealing items from a mailbox or in transit. Grading depends on how many addressees’ mail was taken.
Theft of Government Property
When the property taken belongs to a government entity, several enhancements can apply, and certain categories (like military property) carry their own grades. For more on how these cases differ from ordinary theft, see theft of government property.
Vehicle-Related Theft Offenses
Texas treats vehicle-related theft as several distinct offenses rather than lumping them all together.
Unauthorized Use of a Vehicle (UUMV)
Section 31.07 — operating a motor vehicle without the owner’s effective consent. UUMV is a state jail felony. It’s frequently charged when prosecutors can’t prove the intent-to-permanently-deprive element required for true auto theft.
Auto Theft (Theft of a Vehicle)
A theft prosecution under § 31.03 where the property is a motor vehicle. Because most vehicles fall in the $2,500–$150,000 value band, auto theft is typically a state jail felony or third-degree felony.
Burglary of a Vehicle
Section 30.04 — entering a vehicle (or any part of it) with intent to commit theft or a felony. This is generally a Class A misdemeanor, but becomes a state jail felony with two or more prior convictions, and a felony of the third degree if the vehicle is a rail car. See our statewide overview of burglary of a vehicle.
Bank Jugging
Bank jugging is a behavioral pattern — surveilling someone leaving a bank or ATM and then following them — that prosecutors charge under whatever underlying offense the conduct supports (theft, robbery, aggravated robbery, burglary of a vehicle). The investigation patterns and charging strategy are distinct enough that it warrants its own treatment.
Carjacking
Texas doesn’t have a “carjacking” statute by that name. Taking a vehicle from a person by force or threat is charged as robbery or aggravated robbery (covered below), and the underlying auto theft typically merges into the robbery count for sentencing.
Burglary Offenses
Burglary is housed in Chapter 30 of the Penal Code — separately from theft — because the offense is the unauthorized entry itself, not the taking. A burglary is complete the moment someone enters with the requisite intent, even if nothing is ultimately stolen.
Burglary of a Habitation
Section 30.02(d) — entering a home (or any structure adapted for overnight accommodation) without consent, with intent to commit a felony, theft, or assault. Burglary of a habitation is a second-degree felony at the floor, and a first-degree felony if any felony other than felony theft was intended or attempted. For more, see our page on burglary of a habitation.
Burglary of a Building
Section 30.02(c)(1) — the same conduct, but the structure isn’t a habitation. This is a state jail felony.
Burglary of Coin-Operated or Coin-Collection Machines
Section 30.03 — Class A misdemeanor for breaking into vending machines, pay phones, parking meters, and similar devices.
Criminal Trespass
Not technically a theft offense, but the lower-grade cousin of burglary: entering or remaining on property without consent, without the intent-to-commit-a-crime element. Class B misdemeanor at the floor, with enhancements for habitations, agricultural land, and certain critical infrastructure.
Robbery Offenses
Robbery is theft plus a violent or threatening element. It’s a Chapter 29 offense — entirely separate from the theft chapter.
Robbery
Section 29.02 — committing theft while intentionally, knowingly, or recklessly causing bodily injury to another, or threatening or placing another in fear of imminent bodily injury or death. Robbery is a second-degree felony (2 to 20 years).
Aggravated Robbery
Section 29.03 — robbery plus one of three aggravating factors: serious bodily injury, use or exhibition of a deadly weapon, or the victim is elderly (65+) or disabled. Aggravated robbery is a first-degree felony (5 to 99 years or life), and it’s a 3g offense — meaning no judicial probation, and a defendant must serve at least half of any prison sentence before parole eligibility.
Fraud-Based Theft Offenses
Chapter 32 of the Penal Code covers fraud — a whole family of offenses that overlap with theft because they all involve obtaining property or services through deception.
Credit Card or Debit Card Abuse
Section 32.31 — using, presenting, or possessing a credit card without the cardholder’s effective consent. State jail felony at the floor, escalating with elder victims and certain patterns of use.
Forgery
Section 32.21 — making, altering, possessing, or passing a forged writing with intent to defraud. The grade depends on what was forged: checks and credit cards are Class A misdemeanors, but a forged government instrument is a felony.
Fraudulent Use or Possession of Identifying Information (Identity Theft)
Section 32.51 — possessing or using another person’s identifying information (name, SSN, account numbers, biometric data) with intent to harm or defraud. The grade scales with the number of items of identifying information involved, starting at state jail felony and reaching first-degree at 50+ items.
Insurance Fraud
Section 35.02 — knowingly causing a false claim to be presented to an insurer. Grade follows the value ladder.
Securities Fraud
Governed by the Texas Securities Act, not the Penal Code, but functionally a theft-by-deception offense involving investments. Grading is value-based, and federal parallel prosecutions are common.
Money Laundering
Section 34.02 — acquiring, possessing, transferring, or investing the proceeds of criminal activity. The grade tracks the dollar amount of the funds involved.
Tampering with a Government Record
Section 37.10 — frequently charged alongside fraud cases involving driver’s licenses, business filings, court records, or benefits applications.
Exploitation of an Elderly or Disabled Individual
Section 32.53 — illegally or improperly using an elderly or disabled person’s resources for monetary or personal benefit. Third-degree felony.
Property-Related Theft and Adjacent Offenses
Package Theft (Porch Piracy)
Texas added a specific package theft enhancement in 2019. Stealing a package, mail, or its contents from a residence is at minimum a state jail felony — even if the value of what was inside would otherwise be a misdemeanor. The grade scales upward based on the number of addressees affected. See our overview of package theft charges.
Theft of Service from a Gas Station (Drive-Off)
Pumping gas and leaving without paying is theft of services under § 31.04, classified by value. Most are Class C or Class B misdemeanors.
Criminal Mischief
Section 28.03 — damaging, destroying, or tampering with property without the owner’s consent. Criminal mischief follows a value ladder similar to theft, but the conduct is destruction rather than taking. Graffiti is a specific subset with its own grading under § 28.08; see our overview of Texas graffiti laws.
Arson
Section 28.02 — starting a fire or causing an explosion with intent to destroy or damage certain property. A second-degree felony at the floor, first-degree if a habitation was involved or someone was injured.
Receiving Stolen Property
Texas folds this into theft itself. Section 31.03(b)(2) — appropriating property knowing it was stolen by another — is the same theft offense, graded by the value of the property received. There is no separate “fencing” statute, though aggregation under § 31.03(c)(5) lets prosecutors combine multiple receipts into a single felony count.
Computer and Technology-Based Theft
Breach of Computer Security
Section 33.02 — accessing a computer, network, or system without the effective consent of the owner. Class B misdemeanor at the floor, scaling to first-degree felony when the value of any benefit obtained or harm caused exceeds $300,000.
Online Impersonation
Section 33.07 — using another person’s name or persona on a social media site, email, or other electronic medium with intent to harm, defraud, intimidate, or threaten. Third-degree felony for most online impersonation; Class A misdemeanor for some sending-with-intent-to-harm variations.
Unlawful Decryption / Unlawful Access by Computer
Various offenses within Chapter 33 cover ransomware, unauthorized decryption of encrypted data, and similar conduct.
Enhancements That Increase Theft Punishment
Several factors can push a theft case above where the value ladder alone would put it:
- Prior theft convictions. Two prior theft convictions of any grade can elevate a Class B theft to a Class A, and a Class A to a state jail felony, regardless of the current case’s value.
- Public servant. Theft by a public servant of property that came into the servant’s custody by virtue of the position is bumped up one level.
- Elderly victim. Theft from a person 65 or older is bumped up one level.
- Nonprofit victim. Theft from a 501(c)(3) is bumped up one level.
- Firearm or livestock. Theft of a firearm or specified livestock has its own minimum grade regardless of value.
- Controlled substance. Theft of a controlled substance from a commercial building where it was stored or sold is bumped up.
Defenses Across Theft Offenses
Theft cases share a few recurring defense themes regardless of the specific offense charged:
- No intent to permanently deprive. Borrowing, mistaken ownership, and legitimate confusion about who had a right to the property all attack the mental-state element.
- Effective consent. If the owner consented — or appeared to consent — to the transfer, there is no theft. Roommate disputes, ex-partner property disputes, and employment-related property cases frequently turn on consent questions.
- Value disputes. When grading is determined by value, an aggressive challenge to the state’s valuation can drop a felony to a misdemeanor.
- Mistaken identification. Particularly common in retail theft, where loss-prevention statements often get sharper between the store and the courtroom.
- Illegal search or seizure. Bag searches, vehicle stops, and warrantless entries can all produce suppressible evidence.
- Claim of right. A genuine, even if mistaken, belief that the defendant had a right to the property defeats theft intent.
Collateral Consequences of a Theft Conviction
Texas treats theft as a “crime of moral turpitude,” which carries consequences far beyond the criminal sentence:
- Immigration consequences. A theft conviction can be a deportable or inadmissible offense for non-citizens, even if the sentence was probated.
- Professional licensing. Many licensed professions — nursing, teaching, real estate, law — review theft convictions sharply.
- Employment. Theft convictions surface on most background checks and disproportionately affect any job involving handling money or property.
- Firearms rights. Felony theft convictions remove the right to possess firearms under both Texas and federal law.
- Housing. Many landlords reject applicants with recent theft convictions.
In some cases, an order of nondisclosure or expunction may be available after the case ends — a separate process worth exploring before the case file becomes permanent.
Final Thoughts
“Theft” in Texas is a much larger category than most people realize. The same word covers a teenager pocketing a candy bar and a coordinated cargo-theft ring; a roommate disagreement and an aggravated robbery; a self-checkout skip and a $300,000 wire-fraud scheme. The offense charged, the grade, and the defense strategy all depend on which corner of the Penal Code the conduct fits.
If you or someone you know is facing a theft-related charge, the most important early step is understanding exactly what is alleged — the offense, the grade, and the specific enhancements the state is pursuing.
Find a Texas Theft Lawyer by Region
Theft cases are tried in the county where the offense occurred, and local court procedures, prosecutor priorities, and diversion programs vary significantly across Texas. We maintain dedicated resource pages for each region we serve:
- Tarrant County (Fort Worth): Fort Worth theft lawyer | Fort Worth shoplifting | juvenile shoplifting defense
- Dallas County: Dallas theft lawyer | Dallas shoplifting | Dallas auto theft | Dallas burglary of a vehicle
- Collin County: Collin County theft lawyer
- Denton County: Denton shoplifting lawyer
- Fort Bend County: Fort Bend theft lawyer | Fort Bend auto theft | Fort Bend burglary | Fort Bend robbery
- Harris County (Houston): Houston theft lawyer