What Are the Definitions of Key Words Used in Texas Penal Code for Theft? You Can Discuss Them With a Houston Criminal Lawyer.

Sec. 31.01.  DEFINITIONS.  In this chapter:

(1)  “Deception” means:

(A)  creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true;

(B)  failing to correct a false impression of law or fact that is likely to affect the judgment of another in the transaction, that the actor previously created or confirmed by words or conduct, and that the actor does not now believe to be true;

(C)  preventing another from acquiring information likely to affect his judgment in the transaction;

(D)  selling or otherwise transferring or encumbering property without disclosing a lien, security interest, adverse claim, or other legal impediment to the enjoyment of the property, whether the lien, security interest, claim, or impediment is or is not valid, or is or is not a matter of official record;  or

(E)  promising performance that is likely to affect the judgment of another in the transaction and that the actor does not intend to perform or knows will not be performed, except that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed.

(2)  “Deprive” means:

(A)  to withhold property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the property is lost to the owner;

(B)  to restore property only upon payment of reward or other compensation;  or

(C)  to dispose of property in a manner that makes recovery of the property by the owner unlikely.

(3)  “Effective consent” includes consent by a person legally authorized to act for the owner.  Consent is not effective if:

(A)  induced by deception or coercion;

(B)  given by a person the actor knows is not legally authorized to act for the owner;

(C)  given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable property dispositions;

(D)  given solely to detect the commission of an offense;  or

(E)  given by a person who by reason of advanced age is known by the actor to have a diminished capacity to make informed and rational decisions about the reasonable disposition of property.

(4)  “Appropriate” means:

(A)  to bring about a transfer or purported transfer of title to or other nonpossessory interest in property, whether to the actor or another;  or

(B)  to acquire or otherwise exercise control over property other than real property.

(5)  “Property” means:

(A)  real property;

(B)  tangible or intangible personal property including anything severed from land;  or

(C)  a document, including money, that represents or embodies anything of value.

(6)  “Service” includes:

(A)  labor and professional service;

(B)  telecommunication, public utility, or transportation service;

(C)  lodging, restaurant service, and entertainment;  and

(D)  the supply of a motor vehicle or other property for use.

(7)  “Steal” means to acquire property or service by theft.

(8)  “Certificate of title” has the meaning assigned by Section 501.002, Transportation Code.

(9)  “Used or secondhand motor vehicle” means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code.

(10)  “Elderly individual” has the meaning assigned by Section 22.04(c).

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1975, 64th Leg., p. 914, ch. 342, Sec. 9, eff. Sept. 1, 1975;  Acts 1985, 69th Leg., ch. 901, Sec. 2, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 1997, 75th Leg., ch. 165, Sec. 30.237, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 432, Sec. 1, eff. Sept. 1, 2003.

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