What Is Theft in Texas? Definition, Penalties, and Defense Strategies

The penalty for a theft charge depends on the circumstances involved, and the key element is the value of the stolen property. Stealing something worth less than $100 can be considered a Class C misdemeanor. But it can be a first-degree felony if the property is worth $300,000 or more.

Legal Definition: What Is Theft in Texas Under Texas Penal Code §31.03?

People often mix up the term 'theft' with larceny, stealing, and even shoplifting. But under Texas law, they all fall under theft if they involve taking another's property unlawfully and with the intention to deprive the owner.

The statute covers a wide range of scenarios, but the most common forms of theft are:

• Physically taking property without consent
• Getting services (like utilities) without paying
• Fraudulently acquiring someone else's property
• Accepting or possessing stolen goods while knowing they’re stolen

Texas Penal Code §31.03 (Theft)

Under Texas Penal Code §31.03, the State defines theft as when a person:

• Unlawfully appropriates property, and
• Intends to deprive the owner of that property.

Unlawfully appropriating property includes any situation where:

• Property is taken without the owner's effective consent;
• The theft involves stolen property, and the accused takes it knowing it was already stolen; or
• The accused appropriates property in the custody of any law enforcement agency, believing another person stole it.

Is Theft the Same as Larceny?

Technically, theft and larceny are the same. They both mean taking someone else's property without consent and with the intent to keep it.

However, Texas doesn't use the term 'larceny' in its statutes (the official charge is "theft"), but the Texas Department of Public Safety categorizes larceny/theft as a single category in its crime reports. 

When Is Theft a Misdemeanor in Texas?

If the value of the stolen property is $2,499 or less, the theft is considered a misdemeanor.

When Is Theft a Felony in Texas?

Theft is elevated to a felony charge in Texas if the value of the property exceeds a certain threshold or when specific aggravating factors are involved.

Important: Even a low-value theft charge can become a felony when:

• A firearm is allegedly stolen
• The accused has prior convictions
• Organized retail theft (§31.16) is alleged
• The property owner is elderly or disabled
• It involves specific protected property categories or locations

Combining Multiple Theft Charges

Under Texas Penal Code §31.09, prosecutors may aggregate multiple thefts if they were part of a single plan or a series of theft incidents. This means separate thefts can be combined and treated as one big crime.

This happens often in shoplifting cases or when employees steal from their workplaces. Prosecutors often use this approach to make the punishment more serious.

Aggregation can combine small thefts and enhance the charge.

For example, if someone steals 5 times and each theft is worth $500, prosecutors can add them together for a total of $2,500. Instead of being charged with a misdemeanor, the person now faces a state jail felony charge.

Factors Used to Determine Value

The state uses property value as the primary element in determining the level of theft charge. To calculate this value, the state considers the following factors:

• Fair market value (at the time and place of theft)
• Whether the retail price is inflated compared to the real market value
• Item's condition (damaged or missing parts)
• Cost of replacement (for limited items)

Difference Between Theft, Robbery, and Burglary in Texas

Theft is the base charge for taking someone else's property. It becomes a robbery when the theft involves violence or threats. And if it involves illegal entry with the intent to commit theft or another felony, that's burglary.

Here's a quick comparison of the three charges:

Theft vs. Robbery vs. Burglary

Related: Burglary vs. Robbery in Texas: What’s the Difference?

Common Examples of Theft

All sorts of theft happen every day, and the following are a few examples:

• Shoplifting clothes from a retail store
• Using services without paying (like dining and dashing)
• Receiving a high-value item while knowing it’s likely stolen
• Taking a roommate's laptop without permission and without any intention of returning it

Penalties for Theft in Texas

Depending on the level of the theft charge, the corresponding penalties for theft (misdemeanor and felony) are as follows:

Note: These are just the potential ranges. Depending on the specific circumstances, theft can be enhanced. For example, theft of a firearm is often considered a felony regardless of the gun's market value. In fact, it's one of the most common "automatic felony" theft allegations.

Statute of Limitations for Theft in Texas

• Misdemeanor theft: 2 years
• Felony theft: 5 years

How Does Theft Affect a Criminal Record?

A theft conviction becomes part of your criminal history. Having a theft on your record can deprive you of certain civil rights in Texas. Even a misdemeanor conviction can show up on background checks. Felony theft carries long-term collateral consequences beyond jail time, and can affect the following:

• Loans
• Employment
• Housing and rentals
• Professional licensing

What the State Must Prove for Theft in Texas

For a theft conviction in Texas, the State must prove all of the following elements:

• A person appropriated property
• The appropriation was unlawful
• It occurred without the owner’s effective consent
• The person intended to deprive the owner of the property

Important: The charge can be dismissed or reduced if the prosecutor fails to prove any of these elements.

Possible Defense Strategies for a Theft Charge

If you're charged with theft, the following defense strategies can change the outcome:

Note: Actual strategies can vary based on specific circumstances.

Can Theft Charges Be Expunged in Texas?

Expunction

• The theft charge was dismissed
• You were found not guilty at trial
• The statute of limitations has expired without charges being filed

Nondisclosure (Record Sealing)

• The level of the theft charge
• Whether the case resulted in deferred adjudication
• Whether probation was successfully completed

Frequently Asked Questions

What's the difference between theft and shoplifting charges?

Under Texas law, there is no legal distinction between theft and shoplifting. Shoplifting is a form of retail theft prosecuted under Texas Penal Code § 31.03, and the penalties for theft, shoplifting, and retail theft are based solely on the value of the goods involved, ranging from Class C misdemeanors (under $100) to first-degree felonies.

Does returning stolen property stop charges?

Not necessarily. Prosecutors focus on intent at the time of theft.

Can theft be escalated in Texas?

Yes, theft can be escalated even if the property value is low. A low-level misdemeanor can be elevated to a felony if more serious factors are involved.

What is organized retail theft in Texas?

Organized retail theft (Texas Penal Code §31.16) is a common escalation for theft charges when the allegation involves groups, repeated offenses, or resale of goods from another's organized retail theft.

About Michael & Associates

Michael & Associates accepts felony and misdemeanor theft cases across Texas’s major metropolitan areas. This includes theft, shoplifting, burglary, robbery, armed robbery, and auto theft.

Contact us today to schedule a free, confidential case review.

Sources: Michael & Associates research and internal records; Texas Department of Public Safety, Texas Penal Code, Texas Code of Criminal Procedure, statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=31.03, statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.31&artSec=31.09, statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.31&artSec=31.16

Note: This article was written by Ben Michael, Managing Partner of Michael & Associates (Texas Bar Card #24088055). It was originally published on March 3, 2026, and has been reviewed for accuracy by the Michael & Associates research team and the firm's attorneys.