reglab/statecodes huggingface dataset:
2023 Texas Statutes › Penal Code › Title 6 - Offenses Against the Family › Chapter 25 - Offenses Against the Family › Section 25.02. Prohibited Sexual Conduct

Sec. 25.02.  PROHIBITED SEXUAL CONDUCT.  (a)  A person commits an offense if the person engages in sexual intercourse or deviate sexual intercourse with another person the actor knows to be, without regard to legitimacy:
(1)  the actor's ancestor or descendant by blood or adoption;
(2)  the actor's current or former stepchild or stepparent;
(3)  the actor's parent's brother or sister of the whole or half blood;
(4)  the actor's brother or sister of the whole or half blood or by adoption;
(5)  the children of the actor's brother or sister of the whole or half blood or by adoption; or
(6)  the son or daughter of the actor's aunt or uncle of the whole or half blood or by adoption.
(b)  For purposes of this section:
(1)  "Deviate sexual intercourse" means any contact between the genitals of one person and the mouth or anus of another person with intent to arouse or gratify the sexual desire of any person.
(2)  "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.
(c)  An offense under this section is a felony of the third degree, unless the offense is committed under Subsection (a)(1), in which event the offense is a felony of the second degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 4.04, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 673 (H.B. 2385), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Penal Code › Title 6 - Offenses Against the Family › Chapter 25 - Offenses Against the Family › Section 25.031. Agreement to Abduct From Custody

Sec. 25.031.  AGREEMENT TO ABDUCT FROM CUSTODY.  (a)  A person commits an offense if the person agrees, for remuneration or the promise of remuneration, to abduct a child younger than 18 years of age by force, threat of force, misrepresentation, stealth, or unlawful entry, knowing that the child is under the care and control of a person having custody or physical possession of the child under a court order, including a temporary order, or under the care and control of another person who is exercising care and control with the consent of a person having custody or physical possession under a court order, including a temporary order.
(b)  An offense under this section is a state jail felony.
Added by Acts 1987, 70th Leg., ch. 444, Sec. 3, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 272 (H.B. 95), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Penal Code › Title 6 - Offenses Against the Family › Chapter 25 - Offenses Against the Family › Section 25.04. Enticing a Child

Sec. 25.04.  ENTICING A CHILD.  (a)  A person commits an offense if, with the intent to interfere with the lawful custody of a child younger than 18 years, he knowingly entices, persuades, or takes the child from the custody of the parent or guardian or person standing in the stead of the parent or guardian of such child.
(b)  An offense under this section is a Class B misdemeanor, unless it is shown on the trial of the offense that the actor intended to commit a felony against the child, in which event an offense under this section is a felony of the third degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 1999, 76th Leg., ch. 685, Sec. 7, eff. Sept. 1, 1999.
2023 Texas Statutes › Penal Code › Title 6 - Offenses Against the Family › Chapter 25 - Offenses Against the Family › Section 25.05. Criminal Nonsupport

Sec. 25.05.  CRIMINAL NONSUPPORT.  (a)  An individual commits an offense if the individual intentionally or knowingly fails to provide support for the individual's child younger than 18 years of age, or for the individual's child who is the subject of a court order requiring the individual to support the child.
(b)  For purposes of this section, "child" includes a child born out of wedlock whose paternity has either been acknowledged by the actor or has been established in a civil suit under the Family Code or the law of another state.
(c)  Under this section, a conviction may be had on the uncorroborated testimony of a party to the offense.
(d)  It is an affirmative defense to prosecution under this section that the actor could not provide support for the actor's child.
(e)  The pendency of a prosecution under this section does not affect the power of a court to enter an order for child support under the Family Code.
(f)  An offense under this section is a state jail felony.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 73, Sec. 13, eff. Nov. 1, 1987;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 2001, 77th Leg., ch. 375, Sec. 1, eff. May 25, 2001.
2023 Texas Statutes › Penal Code › Title 6 - Offenses Against the Family › Chapter 25 - Offenses Against the Family › Section 25.06. Harboring Runaway Child

Sec. 25.06.  HARBORING RUNAWAY CHILD.  (a)  A person commits an offense if he knowingly harbors a child and he is criminally negligent about whether the child:
(1)  is younger than 18 years;  and
(2)  has escaped from the custody of a peace officer, a probation officer, the Texas Youth Council, or a detention facility for children, or is voluntarily absent from the child's home without the consent of the child's parent or guardian for a substantial length of time or without the intent to return.
(b)  It is a defense to prosecution under this section that the actor was related to the child within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code.
(c)  It is a defense to prosecution under this section that the actor notified:
(1)  the person or agency from which the child escaped or a law enforcement agency of the presence of the child within 24 hours after discovering that the child had escaped from custody;  or
(2)  a law enforcement agency or a person at the child's home of the presence of the child within 24 hours after discovering that the child was voluntarily absent from home without the consent of the child's parent or guardian.
(d)  An offense under this section is a Class A misdemeanor.
(e)  On the receipt of a report from a peace officer, probation officer, the Texas Youth Council, a foster home, or a detention facility for children that a child has escaped its custody or upon receipt of a report from a parent, guardian, conservator, or legal custodian that a child is missing, a law enforcement agency shall immediately enter a record of the child into the National Crime Information Center.
Added by Acts 1979, 66th Leg., p. 1155, ch. 558, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1983, 68th Leg., p. 4750, ch. 831, Sec. 1, eff. Sept. 1, 1983;  Acts 1991, 72nd Leg., ch. 561, Sec. 40, eff. Aug. 26, 1991.  Renumbered from Sec. 25.07 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995.
2023 Texas Statutes › Penal Code › Title 6 - Offenses Against the Family › Chapter 25 - Offenses Against the Family › Section 25.071. Violation of Protective Order Preventing Offense Caused by Bias or Prejudice

Sec. 25.071.  VIOLATION OF PROTECTIVE ORDER PREVENTING OFFENSE CAUSED BY BIAS OR PREJUDICE.  (a)  A person commits an offense if, in violation of an order issued under Subchapter C, Chapter 7B, Code of Criminal Procedure, the person knowingly or intentionally:
(1)  commits an offense under Title 5 or Section 28.02, 28.03, or 28.08 and commits the offense because of bias or prejudice as described by Article 42.014, Code of Criminal Procedure;
(2)  communicates:
(A)  directly with a protected individual in a threatening or harassing manner;
(B)  a threat through any person to a protected individual; or
(C)  in any manner with the protected individual, if the order prohibits any communication with a protected individual; or
(3)  goes to or near the residence or place of employment or business of a protected individual.
(b)  If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.
(c)  A peace officer investigating conduct that may constitute an offense under this section for a violation of an order may not arrest a person protected by that order for a violation of that order.
(d)  An offense under this section is a Class A misdemeanor unless it is shown on the trial of the offense that the defendant has previously been convicted under this section two or more times or has violated the protective order by committing an assault, in which event the offense is a third degree felony.
Added by Acts 2001, 77th Leg., ch. 85, Sec. 3.02, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.59, eff. January 1, 2021.
2023 Texas Statutes › Penal Code › Title 6 - Offenses Against the Family › Chapter 25 - Offenses Against the Family › Section 25.072. Repeated Violation of Certain Court Orders or Conditions of Bond in Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case

Sec. 25.072.  REPEATED VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE.  (a)  A person commits an offense if, during a period that is 12 months or less in duration, the person two or more times engages in conduct that constitutes an offense under Section 25.07.
(b)  If the jury is the trier of fact, members of the jury must agree unanimously that the defendant, during a period that is 12 months or less in duration, two or more times engaged in conduct that constituted an offense under Section 25.07.
(c)  A defendant may not be convicted in the same criminal action of another offense an element of which is any conduct that is alleged as an element of the offense under Subsection (a) unless the other offense:
(1)  is charged in the alternative;
(2)  occurred outside the period in which the offense alleged under Subsection (a) was committed; or
(3)  is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (a).
(d)  A defendant may not be charged with more than one count under Subsection (a) if all of the specific conduct that is alleged to have been engaged in is alleged to have been committed in violation of a single court order or single setting of bond.
(e)  An offense under this section is a felony of the third degree.
Added by Acts 2013, 83rd Leg., R.S., Ch. 96 (S.B. 743), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 955 (S.B. 194), Sec. 11(d), eff. September 1, 2019.
2023 Texas Statutes › Penal Code › Title 6 - Offenses Against the Family › Chapter 25 - Offenses Against the Family › Section 25.08. Sale or Purchase of Child

Sec. 25.08.  SALE OR PURCHASE OF CHILD.  (a)  A person commits an offense if he:
(1)  possesses a child younger than 18 years of age or has the custody, conservatorship, or guardianship of a child younger than 18 years of age, whether or not he has actual possession of the child, and he offers to accept, agrees to accept, or accepts a thing of value for the delivery of the child to another or for the possession of the child by another for purposes of adoption;  or
(2)  offers to give, agrees to give, or gives a thing of value to another for acquiring or maintaining the possession of a child for the purpose of adoption.
(b)  It is an exception to the application of this section that the thing of value is:
(1)  a fee or reimbursement paid to a child-placing agency as authorized by law;
(2)  a fee paid to an attorney, social worker, mental health professional, or physician for services rendered in the usual course of legal or medical practice or in providing adoption counseling;
(3)  a reimbursement of legal or medical expenses incurred by a person for the benefit of the child;  or
(4)  a necessary pregnancy-related expense paid by a child-placing agency for the benefit of the child's parent during the pregnancy or after the birth of the child as permitted by the minimum standards for child-placing agencies and Department of Protective and Regulatory Services rules.
(c)  An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor commits the offense with intent to commit an offense under Section 20A.02, 43.021, 43.05, or 43.25.
Added by Acts 1977, 65th Leg., p. 81, ch. 38, Sec. 1, eff. March 30, 1977.  Amended by Acts 1981, 67th Leg., p. 2211, ch. 514, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Sec. 25.06 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(44).  Renumbered from Sec. 25.11 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.  Amended by Acts 2001, 77th Leg., ch. 134, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1005, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 515 (H.B. 2014), Sec. 4.01, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 52, eff. September 1, 2021.
2023 Texas Statutes › Penal Code › Title 6 - Offenses Against the Family › Chapter 25 - Offenses Against the Family › Section 25.081. Unregulated Custody Transfer of Adopted Child

Sec. 25.081.  UNREGULATED CUSTODY TRANSFER OF ADOPTED CHILD.  (a)  In this section:
(1)  "Adopted child" means a person younger than 18 years of age who was legally adopted through a governmental entity or through private means, including a person who is in foster care or from a foreign country at the time of the adoption.
(2)  "Unregulated custody transfer" means the transfer of the permanent physical custody of an adopted child by the parent, managing conservator, or guardian of the child without receiving approval of the transfer by a court as required by Section 162.026, Family Code.
(b)  Except as otherwise provided by this section, a person commits an offense if the person knowingly:
(1)  conducts an unregulated custody transfer of an adopted child; or
(2)  facilitates or participates in the unregulated custody transfer of an adopted child, including by transferring, recruiting, harboring, transporting, providing, soliciting, or obtaining an adopted child for that purpose.
(c)  An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor commits the offense with intent to commit an offense under Section 20A.02, 43.021,  43.05, 43.25, 43.251, or 43.26.
(d)  This section does not apply to:
(1)  the placement of an adopted child with a licensed child-placing agency, the Department of Family and Protective Services, or an adult relative, stepparent, or other adult with a significant and long-standing relationship to the child;
(2)  the placement of an adopted child by a licensed child-placing agency or the Department of Family and Protective Services;
(3)  the temporary placement of an adopted child by the child's parent, managing conservator, or guardian for a designated short-term period with a specified intent and period for return of the child due to temporary circumstances, including:
(A)  a vacation;
(B)  a school-sponsored function or activity; or
(C)  the incarceration, military service, medical treatment, or incapacity of the parent, managing conservator, or guardian;
(4)  the placement of an adopted child in another state in accordance with the requirements of Subchapter B, Chapter 162, Family Code; or
(5)  the voluntary delivery of an adopted child under Subchapter D, Chapter 262, Family Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 985 (H.B. 834), Sec. 3, eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 53, eff. September 1, 2021.
2023 Texas Statutes › Penal Code › Title 6 - Offenses Against the Family › Chapter 25 - Offenses Against the Family › Section 25.09. Advertising for Placement of Child

Sec. 25.09.  ADVERTISING FOR PLACEMENT OF CHILD.  (a)  A person commits an offense if the person advertises in the public media that the person will place, provide, or obtain a child for adoption or any other form of permanent physical custody of the child.
(b)  This section does not apply to a licensed child-placing agency that is identified in the advertisement as a licensed child-placing agency.
(c)  An offense under this section is a Class A misdemeanor unless the person has been convicted previously under this section, in which event the offense is a felony of the third degree.
(d)  In this section:
(1)  "Child" has the meaning assigned by Section 101.003, Family Code.
(2)  "Public media" has the meaning assigned by Section 38.01.  The term also includes communications through the use of the Internet or another public computer network.
Added by Acts 1997, 75th Leg., ch. 561, Sec. 31, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 985 (H.B. 834), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Penal Code › Title 6 - Offenses Against the Family › Chapter 25 - Offenses Against the Family › Section 25.10. Interference With Rights of Guardian of the Person

Sec. 25.10.  INTERFERENCE WITH RIGHTS OF GUARDIAN OF THE PERSON.  (a)  In this section:
(1)  "Possessory right" means the right of a guardian of the person to have physical possession of a ward and to establish the ward's legal domicile, as provided by Section 1151.051(c)(1), Estates Code.
(2)  "Ward" has the meaning assigned by Chapter 1002, Estates Code.
(b)  A person commits an offense if the person takes, retains, or conceals a ward when the person knows that the person's taking, retention, or concealment interferes with a possessory right with respect to the ward.
(c)  An offense under this section is a state jail felony.
(d)  This section does not apply to a governmental entity where the taking, retention, or concealment of the ward was authorized by Subtitle E, Title 5, Family Code, or Chapter 48, Human Resources Code.
Added by Acts 2003, 78th Leg., ch. 549, Sec. 32, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.056, eff. September 1, 2017.
2023 Texas Statutes › Penal Code › Title 6 - Offenses Against the Family › Chapter 25 - Offenses Against the Family › Section 25.11. Continuous Violence Against the Family

Sec. 25.11.  CONTINUOUS VIOLENCE AGAINST THE FAMILY.  (a)  A person commits an offense if, during a period that is 12 months or less in duration, the person two or more times engages in conduct that constitutes an offense under Section 22.01(a)(1) against another person or persons whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code.
(b)  If the jury is the trier of fact, members of the jury are not required to agree unanimously on the specific conduct in which the defendant engaged that constituted an offense under Section 22.01(a)(1) against the person or persons described by Subsection (a), the exact date when that conduct occurred, or the county in which each instance of the conduct occurred. The jury must agree unanimously that the defendant, during a period that is 12 months or less in duration, two or more times engaged in conduct that constituted an offense under Section 22.01(a)(1) against the person or persons described by Subsection (a).
(c)  A defendant may not be convicted in the same criminal action of another offense the victim of which is an alleged victim of the offense under Subsection (a) and an element of which is any conduct that is alleged as an element of the offense under Subsection (a) unless the other offense:
(1)  is charged in the alternative;
(2)  occurred outside the period in which the offense alleged under Subsection (a) was committed; or
(3)  is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (a).
(d)  A defendant may not be charged with more than one count under Subsection (a) if all of the specific conduct that is alleged to have been engaged in is alleged to have been committed against a single victim or members of the same household, as defined by Section 71.005, Family Code.
(e)  An offense under this section is a felony of the third degree.
Added by Acts 2009, 81st Leg., R.S., Ch. 665 (H.B. 2240), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1360 (H.B. 1661), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 28 - Arson, Criminal Mischief, and Other Property Damage or Destruction › Section 28.01. Definitions

Sec. 28.01.  DEFINITIONS.  In this chapter:
(1)  "Habitation" means a structure or vehicle that is adapted for the overnight accommodation of persons and includes:
(A)  each separately secured or occupied portion of the structure or vehicle;  and
(B)  each structure appurtenant to or connected with the structure or vehicle.
(2)  "Building" means any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.
(3)  "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.
(4)  "Vehicle" includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation.
(5)  "Open-space land" means real property that is undeveloped for the purpose of human habitation.
(6)  "Controlled burning" means the burning of unwanted vegetation with the consent of the owner of the property on which the vegetation is located and in such a manner that the fire is controlled and limited to a designated area.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1979, 66th Leg., p. 1216, ch. 588, Sec. 1, eff. Sept. 1, 1979;  Acts 1989, 71st Leg., ch. 31, Sec. 1, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 28 - Arson, Criminal Mischief, and Other Property Damage or Destruction › Section 28.04. Reckless Damage or Destruction

Sec. 28.04.  RECKLESS DAMAGE OR DESTRUCTION.  (a)  A person commits an offense if, without the effective consent of the owner, he recklessly damages or destroys property of the owner.
(b)  An offense under this section is a Class C misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 28 - Arson, Criminal Mischief, and Other Property Damage or Destruction › Section 28.05. Actor's Interest in Property

Sec. 28.05.  ACTOR'S INTEREST IN PROPERTY.  It is no defense to prosecution under this chapter that the actor has an interest in the property damaged or destroyed if another person also has an interest that the actor is not entitled to infringe.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 28 - Arson, Criminal Mischief, and Other Property Damage or Destruction › Section 28.06. Amount of Pecuniary Loss

Sec. 28.06.  AMOUNT OF PECUNIARY LOSS.  (a)  The amount of pecuniary loss under this chapter, if the property is destroyed, is:
(1)  the fair market value of the property at the time and place of the destruction;  or
(2)  if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the destruction.
(b)  The amount of pecuniary loss under this chapter, if the property is damaged, is the cost of repairing or restoring the damaged property within a reasonable time after the damage occurred.
(c)  The amount of pecuniary loss under this chapter for documents, other than those having a readily ascertainable market value, is:
(1)  the amount due and collectible at maturity less any part that has been satisfied, if the document constitutes evidence of a debt;  or
(2)  the greatest amount of economic loss that the owner might reasonably suffer by virtue of the destruction or damage if the document is other than evidence of a debt.
(d)  If the amount of pecuniary loss cannot be ascertained by the criteria set forth in Subsections (a) through (c), the amount of loss is deemed to be greater than $750 but less than $2,500.
(e)  If the actor proves by a preponderance of the evidence that he gave consideration for or had a legal interest in the property involved, the value of the interest so proven shall be deducted from:
(1)  the amount of pecuniary loss if the property is destroyed;  or
(2)  the amount of pecuniary loss to the extent of an amount equal to the ratio the value of the interest bears to the total value of the property, if the property is damaged.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1983, 68th Leg., p. 2918, ch. 497, Sec. 2, eff. Sept. 1, 1983;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 6, eff. September 1, 2015.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 28 - Arson, Criminal Mischief, and Other Property Damage or Destruction › Section 28.07. Interference With Railroad Property

Sec. 28.07.  INTERFERENCE WITH RAILROAD PROPERTY.  (a)  In this section:
(1)  "Railroad property" means:
(A)  a train, locomotive, railroad car, caboose, work equipment, rolling stock, safety device, switch, or connection that is owned, leased, operated, or possessed by a railroad;  or
(B)  a railroad track, rail, bridge, trestle, or right-of-way owned or used by a railroad.
(2)  "Tamper" means to move, alter, or interfere with railroad property.
(b)  A person commits an offense if the person:
(1)  throws an object or discharges a firearm or weapon at a train or rail-mounted work equipment;  or
(2)  without the effective consent of the owner:
(A)  enters or remains on railroad property, knowing that it is railroad property;
(B)  tampers with railroad property;
(C)  places an obstruction on a railroad track or right-of-way;  or
(D)  causes in any manner the derailment of a train, railroad car, or other railroad property that moves on tracks.
(c)  An offense under Subsection (b)(1) is a Class B misdemeanor unless the person causes bodily injury to another, in which event the offense is a felony of the third degree.
(d)  An offense under Subsection (b)(2)(A) is a Class C misdemeanor.
(e)  An offense under Subsection (b)(2)(B), (b)(2)(C), or (b)(2)(D) is a Class C misdemeanor unless the person causes pecuniary loss of $100 or more, in which event the offense is:
(1)  a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750;
(2)  a Class A misdemeanor if the amount of pecuniary loss is $750 or more but less than $2,500;
(3)  a state jail felony if the amount of pecuniary loss is $2,500 or more but less than $30,000;
(4)  a felony of the third degree if the amount of the pecuniary loss is $30,000 or more but less than $150,000;
(5)  a felony of the second degree if the amount of pecuniary loss is $150,000 or more but less than $300,000; or
(6)  a felony of the first degree if the amount of the pecuniary loss is $300,000 or more.
(f)  The conduct described in Subsection (b)(2)(A) is not an offense under this section if it is undertaken by an employee of the railroad or by a representative of a labor organization which represents or is seeking to represent the employees of the railroad as long as the employee or representative has a right to engage in such conduct under the Railway Labor Act (45 U.S.C. Section 151 et seq.).
Added by Acts 1989, 71st Leg., ch. 908, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 7, eff. September 1, 2015.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 28 - Arson, Criminal Mischief, and Other Property Damage or Destruction › Section 28.08. Graffiti

Sec. 28.08.  GRAFFITI.  (a)  A person commits an offense if, without the effective consent of the owner, the person intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner with:
(1)  paint;
(2)  an indelible marker; or
(3)  an etching or engraving device.
(b)  Except as provided by Subsection (d), an offense under this section is:
(1)  a Class C misdemeanor if the amount of pecuniary loss is less than $100;
(2)  a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750;
(3)  a Class A misdemeanor if the amount of pecuniary loss is $750 or more but less than $2,500;
(4)  a state jail felony if the amount of pecuniary loss is $2,500 or more but less than $30,000;
(5)  a felony of the third degree if the amount of pecuniary loss is $30,000 or more but less than $150,000;
(6)  a felony of the second degree if the amount of pecuniary loss is $150,000 or more but less than $300,000; or
(7)  a felony of the first degree if the amount of pecuniary loss is $300,000 or more.
(c)  When more than one item of tangible property, belonging to one or more owners, is marked in violation of this section pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the amounts of pecuniary loss to property resulting from the marking of the property may be aggregated in determining the grade of the offense.
(d)  An offense under this section is a state jail felony if:
(1)  the marking is made on a school, an institution of higher education, a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs; and
(2)  the amount of the pecuniary loss to real property or to tangible personal property is $750 or more but less than $30,000.
(e)  In this section:
(1)  "Aerosol paint" means an aerosolized paint product.
(2)  "Etching or engraving device" means a device that makes a delineation or impression on tangible property, regardless of the manufacturer's intended use for that device.
(3)  "Indelible marker" means a device that makes a mark with a paint or ink product that is specifically formulated to be more difficult to erase, wash out, or remove than ordinary paint or ink products.
(4)  "Institution of higher education" has the meaning assigned by Section 481.134, Health and Safety Code.
(5)  "School" means a private or public elementary or secondary school.
Added by Acts 1997, 75th Leg., ch. 593, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 166, Sec. 1, 2, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 695, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 16.001, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 639 (H.B. 1633), Sec. 4, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 8, eff. September 1, 2015.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 28 - Arson, Criminal Mischief, and Other Property Damage or Destruction › Section 28.09. Damaging Critical Infrastructure Facility

Sec. 28.09.  DAMAGING CRITICAL INFRASTRUCTURE FACILITY.  (a) In this section:
(1)  "Critical infrastructure facility" means an electrical power generating facility, substation, switching station, electrical control center, or electrical transmission or distribution facility.
(2)  "Cyber attack" means an attempt to damage, disrupt, or gain unauthorized access to a computer, computer network, or computer system.
(3)  "Drone" has the meaning assigned by Article 2.33, Code of Criminal Procedure, as added by Chapter 1011 (H.B. 1758), Acts of the 87th Legislature, Regular Session, 2021.
(4)  "Explosive weapon" has the meaning assigned by Section 28.03.
(5)  "Extended power outage" means a power outage:
(A)  lasting for two hours or more; or
(B)  affecting 1,000 or more meters used to measure electric energy consumption by retail customers.
(6)  "Firearm" has the meaning assigned by Section 46.01.
(b)  A person commits an offense if, without the effective consent of the owner or operator of a critical infrastructure facility, the person:
(1)  intentionally or knowingly damages, destroys, vandalizes, or impairs the function of any critical infrastructure facility; and
(2)  as a result of the conduct described by Subdivision (1), causes an extended power outage.
(c)  An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if:
(1)  the amount of pecuniary damage to the critical infrastructure facility is $100,000 or more; or
(2)  the actor uses a firearm, drone, cyber attack, or explosive weapon in the commission of the offense.
(d)  If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
Added by Acts 2023, 88th Leg., R.S., Ch. 1146 (S.B. 947), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 28 - Arson, Criminal Mischief, and Other Property Damage or Destruction › Section 28.10. Enhanced Penalty for Certain Misdemeanors or State Jail Felonies

Sec. 28.10.  ENHANCED PENALTY FOR CERTAIN MISDEMEANORS OR STATE JAIL FELONIES.  The punishment for an offense under this chapter that is punishable as a misdemeanor or a state jail felony is increased to the punishment for a felony of the third degree if it is shown on the trial of the offense that the actor committed the offense in the course of committing an offense under Section 20.05(a)(2).
Added by Acts 2023, 88th Leg., 3rd C.S., Ch. 1 (S.B. 4), Sec. 7, eff. February 6, 2024.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 29 - Robbery › Section 29.01. Definitions

Sec. 29.01.  DEFINITIONS.  In this chapter:
(1)  "In the course of committing theft" means conduct that occurs in an attempt to commit, during the commission, or in immediate flight after the attempt or commission of theft.
(2)  "Property" means:
(A)  tangible or intangible personal property including anything severed from land;  or
(B)  a document, including money, that represents or embodies anything of value.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 29 - Robbery › Section 29.02. Robbery

Sec. 29.02.  ROBBERY.  (a)  A person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he:
(1)  intentionally, knowingly, or recklessly causes bodily injury to another;  or
(2)  intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.
(b)  An offense under this section is a felony of the second degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 29 - Robbery › Section 29.03. Aggravated Robbery

Sec. 29.03.  AGGRAVATED ROBBERY.  (a)  A person commits an offense if he commits robbery as defined in Section 29.02, and he:
(1)  causes serious bodily injury to another;
(2)  uses or exhibits a deadly weapon;  or
(3)  causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is:
(A)  65 years of age or older;  or
(B)  a disabled person.
(b)  An offense under this section is a felony of the first degree.
(c)  In this section, "disabled person" means an individual with a mental, physical, or developmental disability who is substantially unable to protect himself from harm.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1989, 71st Leg., ch. 357, Sec. 2, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 30 - Burglary and Criminal Trespass › Section 30.01. Definitions

Sec. 30.01.  DEFINITIONS.  In this chapter:
(1)  "Habitation" means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes:
(A)  each separately secured or occupied portion of the structure or vehicle;  and
(B)  each structure appurtenant to or connected with the structure or vehicle.
(2)  "Building" means any enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.
(3)  "Vehicle" includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation, except such devices as are classified as "habitation."
(4)  "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code.
(5)  "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 338 (H.B. 1178), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 30 - Burglary and Criminal Trespass › Section 30.02. Burglary

Sec. 30.02.  BURGLARY.  (a)  A person commits an offense if, without the effective consent of the owner, the person:
(1)  enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault;  or
(2)  remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation;  or
(3)  enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.
(b)  For purposes of this section, "enter" means to intrude:
(1)  any part of the body;  or
(2)  any physical object connected with the body.
(c)  Except as provided in Subsection (c-1), (c-2), or (d), an offense under this section is a:
(1)  state jail felony if committed in a building other than a habitation; or
(2)  felony of the second degree if committed in a habitation.
(c-1)  An offense under this section is a felony of the third degree if:
(1)  the premises are a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; and
(2)  the person entered or remained concealed in that building with intent to commit a theft of a controlled substance.
(c-2)  An offense under this section is a felony of the third degree if:
(1)  the premises are a building other than a habitation; and
(2)  it is shown on the trial of the offense that the actor committed the offense in the course of committing an offense under Section 20.05(a)(2).
(d)  An offense under this section is a felony of the first degree if:
(1)  the premises are a habitation;  and
(2)  any party to the offense entered the habitation with intent to commit a felony other than felony theft or committed or attempted to commit a felony other than felony theft.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 1995, 74th Leg., ch. 318, Sec. 8, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 727, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 338 (H.B. 1178), Sec. 2, eff. September 1, 2017.
Acts 2023, 88th Leg., 3rd C.S., Ch. 1 (S.B. 4), Sec. 8, eff. February 6, 2024.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 30 - Burglary and Criminal Trespass › Section 30.03. Burglary of Coin-Operated or Coin Collection Machines

Sec. 30.03.  BURGLARY OF COIN-OPERATED OR COIN COLLECTION MACHINES.  (a)  A person commits an offense if, without the effective consent of the owner, he breaks or enters into any coin-operated machine, coin collection machine, or other coin-operated or coin collection receptacle, contrivance, apparatus, or equipment used for the purpose of providing lawful amusement, sales of goods, services, or other valuable things, or telecommunications with intent to obtain property or services.
(b)  For purposes of this section, "entry" includes every kind of entry except one made with the effective consent of the owner.
(c)  An offense under this section is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1987, 70th Leg., ch. 62, Sec. 1, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 30 - Burglary and Criminal Trespass › Section 30.04. Burglary of Vehicles

Sec. 30.04.  BURGLARY OF VEHICLES.  (a)  A person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.
(b)  For purposes of this section, "enter" means to intrude:
(1)  any part of the body;  or
(2)  any physical object connected with the body.
(c)  For purposes of this section, a container or trailer carried on a rail car is a part of the rail car.
(d)  An offense under this section is a Class A misdemeanor, except that:
(1)  the offense is a Class A misdemeanor with a minimum term of confinement of six months if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section;
(2)  the offense is a state jail felony if:
(A)  it is shown on the trial of the offense that the defendant has been previously convicted two or more times of an offense under this section; or
(B)  the vehicle or part of the vehicle broken into or entered is a rail car; and
(3)  the offense is a felony of the third degree if:
(A)  the vehicle broken into or entered is owned or operated by a wholesale distributor of prescription drugs and the actor breaks into or enters that vehicle with the intent to commit theft of a controlled substance; or
(B)  it is shown on the trial of the offense that the actor committed the offense in the course of committing an offense under Section 20.05(a)(2).
(d-1)  For the purposes of Subsection (d), a defendant has been previously convicted under this section if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision.
(e)  It is a defense to prosecution under this section that the actor entered a rail car or any part of a rail car and was at that time an employee or a representative of employees exercising a right under the Railway Labor Act (45 U.S.C. Section 151 et seq.).
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 1999, 76th Leg., ch. 916, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 308 (H.B. 1887), Sec. 1, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 338 (H.B. 1178), Sec. 3, eff. September 1, 2017.
Acts 2023, 88th Leg., 3rd C.S., Ch. 1 (S.B. 4), Sec. 9, eff. February 6, 2024.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 31 - Theft › Section 31.02. Consolidation of Theft Offenses

Sec. 31.02.  CONSOLIDATION OF THEFT OFFENSES.  Theft as defined in Section 31.03 constitutes a single offense superseding the separate offenses previously known as theft, theft by false pretext, conversion by a bailee, theft from the person, shoplifting, acquisition of property by threat, swindling, swindling by worthless check, embezzlement, extortion, receiving or concealing embezzled property, and receiving or concealing stolen property.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 31 - Theft › Section 31.05. Theft of Trade Secrets

Sec. 31.05.  THEFT OF TRADE SECRETS.  (a)  For purposes of this section:
(1)  "Article" means any object, material, device, or substance or any copy thereof, including a writing, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map.
(2)  "Copy" means a facsimile, replica, photograph, or other reproduction of an article or a note, drawing, or sketch made of or from an article.
(3)  "Representing" means describing, depicting, containing, constituting, reflecting, or recording.
(4)  "Trade secret" means the whole or any part of any scientific or technical information, design, process, procedure, formula, or improvement that has value and that the owner has taken measures to prevent from becoming available to persons other than those selected by the owner to have access for limited purposes.
(b)  A person commits an offense if, without the owner's effective consent, he knowingly:
(1)  steals a trade secret;
(2)  makes a copy of an article representing a trade secret;  or
(3)  communicates or transmits a trade secret.
(c)  An offense under this section is a felony of the third degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 31 - Theft › Section 31.07. Unauthorized Use of a Vehicle

Sec. 31.07.  UNAUTHORIZED USE OF A VEHICLE.  (a)  A person commits an offense if he intentionally or knowingly operates another's boat, airplane, or motor-propelled vehicle without the effective consent of the owner.
(b)  An offense under this section is a state jail felony.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 31 - Theft › Section 31.08. Value

Sec. 31.08.  VALUE.  (a)  Subject to the additional criteria of Subsections (b) and (c), value under this chapter is:
(1)  the fair market value of the property or service at the time and place of the offense;  or
(2)  if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the theft.
(b)  The value of documents, other than those having a readily ascertainable market value, is:
(1)  the amount due and collectible at maturity less that part which has been satisfied, if the document constitutes evidence of a debt;  or
(2)  the greatest amount of economic loss that the owner might reasonably suffer by virtue of loss of the document, if the document is other than evidence of a debt.
(c)  If property or service has value that cannot be reasonably ascertained by the criteria set forth in Subsections (a) and (b), the property or service is deemed to have a value of $750 or more but less than $2,500.
(d)  If the actor proves by a preponderance of the evidence that he gave consideration for or had a legal interest in the property or service stolen, the amount of the consideration or the value of the interest so proven shall be deducted from the value of the property or service ascertained under Subsection (a), (b), or (c) to determine value for purposes of this chapter.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1983, 68th Leg., p. 2920, ch. 497, Sec. 5, eff. Sept. 1, 1983;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 12, eff. September 1, 2015.