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 Texas Statutes (Last Updated: January 4, 2014)
 PENAL CODE
 Title 7. OFFENSES AGAINST PROPERTY
 Chapter 31. THEFT  

  Sec. 31.16. ORGANIZED RETAIL THEFT    

Latest version.

  • (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 323, Sec. 4, eff. September 1, 2011.

    (b) A person commits an offense if the person intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, or disposes of:

    (1) stolen retail merchandise; or

    (2) merchandise explicitly represented to the person as being stolen retail merchandise.

    (c) An offense under this section is:

    (1) a Class B misdemeanor if the total value of the merchandise involved in the activity is less than $50;

    (2) a Class A misdemeanor if the total value of the merchandise involved in the activity is $50 or more but less than $500;

    (3) a state jail felony if the total value of the merchandise involved in the activity is $500 or more but less than $1,500;

    (4) a felony of the third degree if the total value of the merchandise involved in the activity is $1,500 or more but less than $20,000;

    (5) a felony of the second degree if the total value of the merchandise involved in the activity is $20,000 or more but less than $100,000; or

    (6) a felony of the first degree if the total value of the merchandise involved in the activity is $100,000 or more.

    (d) An offense described for purposes of punishment by Subsections (c)(1)-(5) is increased to the next higher category of offense if it is shown on the trial of the offense that:

    (1) the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b); or

    (2) during the commission of the offense, a person engaged in an activity described by Subsection (b) intentionally, knowingly, or recklessly:

    (A) caused a fire exit alarm to sound or otherwise become activated;

    (B) deactivated or otherwise prevented a fire exit alarm or retail theft detector from sounding; or

    (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector.

    (e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 323, Sec. 4, eff. September 1, 2011.

Added by Acts 2007, 80th Leg., R.S., Ch. 1274 , Sec. 1, eff. September 1, 2007. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 323 , Sec. 3, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 323 , Sec. 4, eff. September 1, 2011.