Receiving or Possessing Stolen Property: What’s Illegal

In Texas, simply receiving or possessing stolen property—even if you didn’t steal it yourself—can still land you in serious legal trouble. Under Texas Penal Code § 31.03, it's a crime to knowingly hold, conceal, or use property that you know (or should know) was stolen. This offense is treated as theft, with penalties based on the value of the items involved and whether prior convictions exist. In this post, we break down what makes possession illegal, how prosecutors prove “knowledge,” and the defenses that might apply. If you’ve been accused and are searching for a reliable attorney near you, understanding your rights is the first step toward protecting yourself.

Receiving or Possessing Stolen Property: What’s Illegal

In Texas, receiving or possessing stolen property is a serious offense under the law. Understanding the legal definitions, potential penalties, and available defenses is crucial for anyone facing such charges.

Legal Definitions

Theft Under Texas Law

According to Texas Penal Code § 31.03, theft is defined as unlawfully appropriating property with the intent to deprive the owner of it. This includes situations where an individual knowingly receives or possesses property that has been stolen by another person.

Presumption of Knowledge

Texas law establishes certain presumptions regarding knowledge of stolen property. For instance, individuals engaged in the business of buying or selling used goods may be presumed to know that property is stolen if they fail to record specific information about the transaction, such as the seller's identity and a description of the property. This presumption is outlined in Texas Penal Code § 31.03(c).

Penalties

The penalties for receiving or possessing stolen property in Texas vary based on the value of the property:

Class C Misdemeanor: Property value less than $100; punishable by a fine up to $500.
Class B Misdemeanor: Property value between $100 and $749; punishable by up to 180 days in jail and a fine up to $2,000.
Class A Misdemeanor: Property value between $750 and $2,499; punishable by up to one year in jail and a fine up to $4,000.
State Jail Felony: Property value between $2,500 and $29,999; punishable by 180 days to 2 years in a state jail and a fine up to $10,000.
Third-Degree Felony: Property value between $30,000 and $149,999; punishable by 2 to 10 years in prison and a fine up to $10,000.
Second-Degree Felony: Property value between $150,000 and $299,999; punishable by 2 to 20 years in prison and a fine up to $10,000.
First-Degree Felony: Property value of $300,000 or more; punishable by 5 to 99 years or life in prison and a fine up to $10,000.

These penalties are detailed in Texas Penal Code § 31.03(e).

Defenses

Several defenses may be available to individuals charged with receiving or possessing stolen property:

Lack of Knowledge: Demonstrating that the individual did not know, and had no reason to know, that the property was stolen.
Mistake of Fact: Believing that the property was lawfully obtained or gifted.
Consent: Arguing that the property was received with the owner's consent.Texas Penal Code+15Texas Statutes+15Justia Law+15

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

Conclusion

Receiving or possessing stolen property is a serious offense in Texas, with penalties ranging from misdemeanors to felonies based on the property's value. Understanding the legal definitions, potential penalties, and available defenses is crucial for anyone facing such charges.

If you're facing charges related to receiving or possessing stolen property, 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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