Tex.
Penal Code Section 31.16
Organized Retail Theft
(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Repealed by Acts 2011, 82nd Leg., R.S., Ch. 323, Sec. 4, eff.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 C misdemeanor if the total value of the merchandise involved in the activity is less than $100;(2)
a Class B misdemeanor if the total value of the merchandise involved in the activity is $100 or more but less than $750;(3)
a Class A misdemeanor if the total value of the merchandise involved in the activity is $750 or more but less than $2,500;(4)
a state jail felony if the total value of the merchandise involved in the activity is $2,500 or more but less than $30,000;(5)
a felony of the third degree if the total value of the merchandise involved in the activity is $30,000 or more but less than $150,000;(6)
a felony of the second degree if the total value of the merchandise involved in the activity is $150,000 or more but less than $300,000; or(7)
a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more.(d)
An offense described for purposes of punishment by Subsections (c)(1)-(6) 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Repealed by Acts 2011, 82nd Leg., R.S., Ch. 323, Sec. 4, eff.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.
Source:
Section 31.16 — Organized Retail Theft, https://statutes.capitol.texas.gov/Docs/PE/htm/PE.31.htm#31.16
(accessed Apr. 20, 2024).