Cargo Theft: A Rising Crime in Texas

Cargo theft is on the rise in Texas, especially along major commercial corridors like I-10 and I-45. This high-stakes crime involves stealing goods directly from freight trucks, warehouses, or distribution centers—and it’s aggressively prosecuted under Texas Penal Code § 31.18. Often linked to organized crime, cargo theft can lead to felony charges, long prison sentences, and significant financial penalties. In this post, we explore how Texas defines cargo theft, how these cases are investigated, and what legal defenses may be available. If you’re under investigation or facing charges, now is the time to speak with a seasoned attorney near you who understands the complexities of these high-profile cases.

Cargo Theft: A Rising Crime in Texas

Cargo theft has emerged as a significant and growing concern in Texas, particularly in major transportation hubs like Houston and the surrounding areas. The state's extensive highway systems, bustling ports, and proximity to international borders make it a prime target for organized theft rings seeking to intercept valuable goods in transit. Understanding the legal framework surrounding cargo theft is crucial for businesses, law enforcement, and individuals alike.

Legal Definition of Cargo Theft in Texas

Under Texas Penal Code § 31.18, cargo theft is defined as the unauthorized appropriation of goods that are part of a commercial shipment moving in commerce. Specifically, the statute outlines that a person commits an offense if they:Saputo ✭ Toufexis+7Texas Statutes+7Findlaw+7

Knowingly or intentionally conduct, promote, or facilitate an activity in which they receive, possess, conceal, store, barter, sell, abandon, or dispose of:
- Stolen cargo; or
- Cargo explicitly represented as being stolen.Saputo ✭ Toufexis+5Findlaw+5Texas Statutes+5 Law Offices of Tim Powers+5Justia Law+5Findlaw+5 Texas Statutes+6Law Offices of Tim Powers+6Texas Statutes+6
As a contracted driver, knowingly or intentionally:
- Fail to deliver the entire cargo to the known point of destination as contracted; or
- Cause the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo.Texas Statutes+5Findlaw+5Law Offices of Tim Powers+5 Saputo ✭ Toufexis+5Texas Statutes+5Justia Law+5

The term "cargo" encompasses goods that are part of a commercial shipment moving in commerce, regardless of temporary stops made for transshipment or other purposes.Saputo ✭ Toufexis+7Justia Law+7Texas Statutes+7

Penalties for Cargo Theft

The severity of penalties for cargo theft in Texas is determined by the total value of the stolen cargo:

State Jail Felony: If the cargo's value is $1,500 or more but less than $10,000.
Third-Degree Felony: If the cargo's value is $10,000 or more but less than $100,000.
Second-Degree Felony: If the cargo's value is $100,000 or more but less than $200,000.
First-Degree Felony: If the cargo's value is $200,000 or more.Tex..Pub..Law: Online Texas Law Library+3Findlaw+3Law Offices of Tim Powers+3 Tex..Pub..Law: Online Texas Law Library+2Law Offices of Tim Powers+2Findlaw+2

Additionally, if an individual organizes, supervises, finances, or manages one or more persons engaged in cargo theft activities, the offense is elevated to the next higher category of offense.Tex..Pub..Law: Online Texas Law Library

Notable Aspects of the Law

Aggregation of Value: For determining the offense level, the total value includes any vehicle stolen or damaged during the same criminal episode.
No Defense for Law Enforcement Stings: It is not a defense if the offense occurred due to a law enforcement strategy, such as the use of undercover operatives or bait vehicles.Tex..Pub..Law: Online Texas Law Library+1Texas Penal Code+1

Impact on Texas Businesses

Cargo theft poses significant challenges for Texas businesses, leading to financial losses, supply chain disruptions, and increased insurance premiums. Industries commonly targeted include electronics, pharmaceuticals, apparel, and food products. The economic impact extends beyond individual companies, affecting the state's economy and consumer prices.

Preventative Measures

Businesses can adopt several strategies to mitigate the risk of cargo theft:

Enhanced Security Protocols: Implementing GPS tracking, secure parking, and surveillance systems.
Employee Training: Educating staff on security procedures and recognizing suspicious activities.
Collaboration with Law Enforcement: Participating in cargo theft task forces and sharing intelligence.
Due Diligence: Conducting background checks on drivers and logistics partners.

Legal Defenses

Individuals accused of cargo theft may consider the following defenses:

Lack of Intent: Arguing that there was no intention to commit theft.
Mistaken Identity: Claiming that the accused was not involved in the theft.
Consent: Asserting that the accused had permission to handle the cargo.

Each case is unique, and the applicability of these defenses depends on the specific circumstances and evidence presented.

Conclusion

Cargo theft remains a pressing issue in Texas, with significant legal and economic implications. Understanding the legal definitions, penalties, and preventive measures is essential for businesses and individuals alike.

If you or someone you know is facing cargo theft charges, contact Walker Law Office at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to schedule a consultation and protect your rights.

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