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Types of Theft Offenses in Texas

Texas law defines theft broadly—but not all theft crimes are treated the same. From shoplifting and embezzlement to cargo theft, credit card fraud, and auto theft, each offense carries different elements, penalties, and legal consequences depending on the circumstances and the value of the property involved. In this post, we break down the most common types of theft offenses in Texas, how they're classified, and what you need to know if you're facing charges. Whether you're accused of a misdemeanor or felony, consulting with an experienced attorney near you is critical to building your defense and protecting your future.

Types of Theft Offenses in Texas

Theft offenses in Texas cover a broad range of criminal activity involving the unlawful appropriation of property or services. While many people associate theft with shoplifting or burglary, Texas law breaks down theft into numerous subcategories—each with specific elements, legal definitions, and penalties. Whether the accused is a juvenile, an employee, or part of an organized criminal operation, understanding these categories is essential for navigating the criminal justice system.

This post provides a comprehensive list and breakdown of the major theft-related offenses under Texas law. It also links to in-depth cluster posts that explore each offense in greater detail.

1. Shoplifting Charges in Texas

Shoplifting is one of the most frequently prosecuted theft offenses in Texas. Defined under the general theft statute (Texas Penal Code § 31.03), shoplifting involves taking merchandise from a retail establishment without paying. Offenses range from Class C misdemeanors (under $100) to felony charges depending on the value of the goods and whether the offender has prior convictions.

Learn more in [Shoplifting Charges in Texas: What You Need to Know].

2. Theft of Property

Theft of tangible property covers everything from stolen electronics to vehicles. Texas penalizes theft based on the value of the item taken, with penalties escalating from minor misdemeanors to first-degree felonies. Legal defenses may include lack of intent, consent, or mistake of fact.

Read the full breakdown in [Theft of Property: Penalty Thresholds and Legal Defenses].

3. Theft of Services

Unlike theft of physical property, theft of services (Texas Penal Code § 31.04) involves obtaining services—such as utilities, accommodations, or labor—without paying. Common scenarios include dining and dashing, using fake documents to obtain services, or diverting utility connections.

Explore how these cases are prosecuted in [Theft of Services: How It’s Charged and Prosecuted].

4. Burglary and Robbery

Though often grouped together, burglary and robbery are separate offenses under Texas law. Burglary (Penal Code § 30.02) is entering a building without permission with intent to commit a crime inside. Robbery (Penal Code § 29.02) involves theft that includes violence or threats. Robbery is considered a violent offense, while burglary often isn’t.

Understand the differences in [Burglary vs. Robbery in Texas Criminal Law].

5. Auto Theft and Unauthorized Use of a Vehicle (UUMV)

Auto theft is the unlawful appropriation of a vehicle with intent to deprive the owner permanently. In contrast, Unauthorized Use of a Motor Vehicle (UUMV), under Penal Code § 31.07, involves taking a car without the owner’s consent but without the intent to permanently deprive.

Learn how Texas distinguishes these charges in [Auto Theft and Unauthorized Use of a Vehicle in Texas].

6. Employee Theft and Workplace Fraud

When an employee steals from their employer—whether by stealing money, goods, or misusing access to services—it falls under the general theft statute but can also implicate fiduciary fraud (Penal Code § 32.45). Penalties can be severe, especially when large sums or breaches of trust are involved.

Read more in [Employee Theft and Workplace Fraud Charges].

7. Organized Retail Theft (ORT)

Defined under Texas Penal Code § 31.16, ORT involves coordinated efforts by individuals or groups to steal large amounts of merchandise from retail stores for resale. Penalties are based on the total value of stolen goods, and enhancements apply if the individual organized or supervised the operation.

Discover regional trends and legal specifics in [Organized Retail Theft in Harris and Galveston Counties].

8. Receiving or Possessing Stolen Property

It is a crime in Texas to knowingly receive, possess, or conceal stolen property. This offense falls under the general theft statute, but special presumptions apply to people in secondhand resale businesses or pawn shops. Defenses often involve disproving knowledge that the property was stolen.

See the full explanation in [Receiving or Possessing Stolen Property: What’s Illegal].

9. Cargo Theft

A relatively new statute, Penal Code § 31.18 defines cargo theft as the unlawful appropriation of commercial goods in transit. This offense often involves hijacked shipments or goods stolen from distribution centers. Given Texas’s large logistics infrastructure, cargo theft is rising in frequency and sophistication.

Get the legal overview in [Cargo Theft: A Rising Crime in Texas].

10. Juvenile Theft

Juveniles in Texas (ages 10–16) can be charged with theft just like adults, but their cases are handled in juvenile court. Penalties range from probation and counseling to detention. First-time offenders may qualify for diversion programs that avoid a formal conviction.

Explore local procedures in [Juvenile Theft Charges in Fort Bend and Brazoria County].

Final Thoughts: Understanding Texas Theft Offenses

Whether a person is accused of petty theft or large-scale fraud, understanding the type of theft charge and its potential consequences is crucial. Texas law outlines numerous categories of theft, each with varying penalties and procedural complexities. While some offenses may be resolved through diversion or plea deals, others can result in long-term imprisonment.

Having a knowledgeable criminal defense attorney is essential in navigating these charges and protecting one’s legal rights. Mekisha Walker at Walker Law Office brings deep experience in theft and fraud cases and offers strategic, compassionate representation.

Contact Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to discuss your case.

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