Statutes

• Definitions:
• • Texas Penal Code Sections 31.02, 31.03, and 31.15
• Penalties:
• • Texas Penal Code Sections 12.21, 12.22 , 12.23, 12.32, 12.33, 12.34, and 12.35

Definition

• The definition of "theft" under the Texas Penal Code includes a variety of offenses, including shoplifting.
• "Theft" is defined as the unlawful appropriation of property with the intent to deprive the owner of the property.
• It's also a crime to possess, manufacture, or distribute shielding or deactivating instruments used for shoplifting.

Nature of the Charge

• Shoplifting property valued at less than 100 is a Class C misdemeanor.
• Shoplifting property valued at $100 or more but less than $750 is a Class B misdemeanor.
• If you have been previously convicted of any grade of theft, shoplifting will be a Class B misdemeanor if the value of the property stolen is less than $100.
• Shoplifting property valued at $750 or more but less than $2,500 is a Class A misdemeanor.
• Possession, manufacture, or distribution of a shielding or deactivating instrument is a Class A misdemeanor.
• Shoplifting property valued at $2,500 or more but less than $30,000 is a state jail felony.
• You will also be charged with a state jail felony if you have two or more prior convictions for theft, and the value of the property stolen is less than $2,500.
• Shoplifting property valued at $30,000 or more but less than $150,000 is a felony in the third degree.
• Shoplifting property valued at $150,000 or more but less than $300,000 is a felony in the second degree.
• Shoplifting property valued at more than $300,000 is a felony in the first degree.

Penalties

• Class C misdemeanor - fine of up to $500.
• Class B misdemeanor - fine of up to $2,000 and up to 180 days in jail.
• Class A misdemeanor - fine of up to $4,000 and up to one year in jail.
• State jail felony - fine of up to $10,000 and between 180 days and two years in jail.
• Third degree felony - fine of up to $10,000 and between 2 and 10 years' imprisonment.
• Second degree felony - fine of up to $10,000 and between 2 and 20 years' imprisonment.
• First degree felony - fine of up to $10,000 and between 5 and 99 years' imprisonment.