Bryan Shoplifting Defense

Texas Shoplifting Laws & Theft Classifications

Texas doesn’t have a separate criminal statute titled shoplifting. Conduct commonly described as shoplifting is prosecuted as theft under Texas Penal Code §31.03, while Section 31.02 consolidated conduct formerly addressed as separate theft offenses. Under Section 31.03(a), theft generally involves unlawfully appropriating property with the intent to deprive its owner of that property.

The alleged property value generally determines whether the offense is charged as a misdemeanor or felony:

• Under $100: Class C misdemeanor
• $100 to under $750: Class B misdemeanor
• $750 to under $2,500: Class A misdemeanor
• $2,500 to under $30,000: State jail felony
• $30,000 to under $150,000: Third-degree felony
• $150,000 to under $300,000: Second-degree felony
• $300,000 or more: First-degree felony

The assigned value may shape the possible consequences and the path the case follows. We examine how the property was identified and valued, what evidence allegedly shows unlawful appropriation, and whether the state can establish the required intent.

How Previous Theft Convictions Can Increase the Charge

A previous theft conviction can raise the classification of a later allegation even when the property’s value would ordinarily support a lower-level charge. An allegation involving property worth under $100 becomes a Class B misdemeanor when the accused has one theft conviction of any grade.

An allegation involving property worth under $2,500 becomes a state jail felony when the accused has two or more theft convictions of any grade. The number and nature of those convictions are therefore essential to an accurate assessment.

Without an applicable enhancement, a first theft allegation involving property worth under $100 is a Class C misdemeanor. It carries a fine of up to $500, with no available jail sentence at that offense level. Because the value, record, and specific allegation can alter the charge, we review each factor individually.