Penal Code
In this section
Title 1 — General Provisions Title 2 — Offenses Against Persons Title 3 — Offenses Against Property Title 4 — Fraud, Financial, and Cyber Offenses Title 5 — Public Order and Community Safety Title 6 — Government, Courts, and Administration of Justice Title 7 — Weapons and Explosives Title 8 — Controlled Substances Title 9 — Motor Vehicles and Traffic Title 10 — Business, Licensing, and Regulated Activity Title 11 — Emergency Services and Critical Infrastructure Title 12 — Wildlife, Animals, and the Environment Title 13 — Aviation, Maritime, and Rail Title 14 — Sentencing Enhancements and Administrative Penalties Title 15 — Field Reference Appendixes
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Title 3 — Offenses Against Property

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Chapter 3A — Theft and unlawful appropriation

Theft includes unlawfully taking, exercising control over, withholding, receiving by deception, or obtaining services or property with intent to deprive the owner. Amounts may be aggregated when part of one scheme or course of conduct.

SectionOffenseGradeElements
§ 3.01Petty theft — under $500M3Commits theft of property or services valued below $500.
§ 3.02Theft — $500 to $1,499M2Commits theft valued from $500 through $1,499.
§ 3.03Grand theft — $1,500 to $4,999M1Commits theft valued from $1,500 through $4,999.
§ 3.04Felony theft — $5,000 to $24,999F5Commits theft valued from $5,000 through $24,999.
§ 3.05Major theft — $25,000 or moreF4Commits theft valued at $25,000 or more. F3 at $100,000 or more.
§ 3.06ShopliftingSame grade as valueConceals, alters price information, transfers packaging, or passes a point of sale with intent to deprive a merchant.
§ 3.07Theft of servicesSame grade as valueIntentionally obtains labor, utilities, lodging, transport, communications, or professional services by deception, threat, tampering, or absconding.
§ 3.08EmbezzlementOne grade above theft by value; maximum F3Entrusted with property or funds, knowingly converts them to an unauthorized use with intent to deprive.
§ 3.09Theft from a vulnerable personOne grade above theft by value; maximum F3Commits theft knowing the victim is an elder, dependent adult, or person whose impairment substantially limits self-protection.
§ 3.10Theft of a firearm or emergency equipmentF4Steals a firearm, body armor, police radio, emergency medical equipment, or public-safety equipment regardless of value.
§ 3.11Theft of government propertyOne grade above theft by value; maximum F3Steals public property, evidence, official records, or property held in government custody.
§ 3.12Unlawful use of propertyM2Temporarily uses property without consent but without intent to permanently deprive, excluding motor vehicles governed by § 3.31.
§ 3.13Possession of stolen propertySame grade as theft by valueKnowingly possesses, conceals, sells, or disposes of property known or reasonably believed to be stolen.
§ 3.14Organized retail theftF4In concert with another, steals or traffics retail merchandise as part of an organized scheme. F3 if aggregate value is $25,000 or more.

Chapter 3B — Robbery, burglary, and trespass

SectionOffenseGradeElements
§ 3.20RobberyF4In the course of theft, uses force or threatens imminent bodily injury.
§ 3.21Armed robberyF3Commits robbery while using, displaying, or representing possession of a deadly weapon.
§ 3.22Aggravated robberyF2Armed robbery causing serious injury, involving multiple victims, targeting a bank or armored carrier, or involving hostage taking.
§ 3.23Burglary in the third degreeF5Enters or remains unlawfully in a building with intent to commit a crime therein.
§ 3.24Burglary in the second degreeF4Commits burglary of a dwelling, occupied building, secured vehicle, critical facility, or with burglary tools.
§ 3.25Burglary in the first degreeF3Commits burglary while armed, causes injury, threatens an occupant, or enters an occupied dwelling at night.
§ 3.26Possession of burglary toolsM1Possesses tools, devices, keys, codes, or instruments adapted or intended for burglary or theft, with criminal intent.
§ 3.27Criminal trespassM3Knowingly enters or remains unlawfully after notice, fencing, signage, or an order to leave.
§ 3.28Aggravated trespassM1Trespasses in a dwelling, secured government facility, hospital treatment area, utility facility, airport operations area, or while armed.
§ 3.29Unlawful occupancy or squattingM2Knowingly occupies real property without colorable right and refuses a lawful demand or court order to vacate. Civil landlord-tenant disputes are excluded.

Chapter 3C — Motor-vehicle property offenses

SectionOffenseGradeElements
§ 3.30Grand theft motor vehicleF4Knowingly takes, obtains, or exercises unauthorized control over a motor vehicle with intent to deprive the owner.
§ 3.31Unauthorized use of a motor vehicleM1Operates or retains a vehicle without consent but without intent to permanently deprive.
§ 3.32CarjackingF3Takes or attempts to take an occupied vehicle from a person by force or threat. Use of a deadly weapon or serious injury is F2.
§ 3.33Vehicle burglaryF5Enters a vehicle without consent with intent to commit theft or another crime. An unlocked entry may be charged as M1 when no damage occurs and value sought is under $1,500.
§ 3.34Vehicle tamperingM2Knowingly damages, enters, manipulates, hot-wires, disables, or removes a component from a vehicle without consent.
§ 3.35Possession of a stolen vehicleF4Knowingly possesses, receives, conceals, dismantles, transports, or sells a stolen vehicle.
§ 3.36Chop-shop operationF3Owns, operates, or knowingly supplies premises used to alter, dismantle, conceal, or traffic stolen vehicles or major components.
§ 3.37Vehicle identification-number tamperingF4Removes, alters, covers, destroys, or counterfeits a VIN or identifying mark with intent to conceal ownership or facilitate fraud.
§ 3.38Theft of fuelM3Dispenses or obtains fuel and intentionally leaves without payment or uses an unauthorized payment method. Grade follows value for repeated or commercial conduct.

Chapter 3D — Damage, arson, and unlawful interference

SectionOffenseGradeElements
§ 3.40Criminal mischief — under $1,500M2Intentionally or recklessly damages, defaces, disables, or tampers with property without consent.
§ 3.41Felony criminal mischief — $1,500 or moreF5Causes damage of $1,500 or more, or disrupts essential public service. F4 at $25,000 or more.
§ 3.42GraffitiM2Intentionally marks, paints, etches, or defaces property without consent. Restitution includes cleanup. Gang or hate-motivated graffiti is M1 or applicable enhancement.
§ 3.43Arson in the third degreeF4Intentionally or recklessly damages property by fire or explosion.
§ 3.44Arson in the second degreeF3Intentionally damages an occupied structure, dwelling, vehicle, forest, or critical facility by fire or explosion.
§ 3.45Arson in the first degreeF2Commits arson knowing a person is present or with intent to cause death, mass injury, or catastrophic infrastructure loss.
§ 3.46Reckless burningM1Recklessly starts, maintains, or fails to control a fire that endangers property or persons. Substantial damage is F5.
§ 3.47Criminal tamperingM1Knowingly tampers with property, utilities, food, medicine, safety equipment, or a device so as to cause inconvenience, danger, or loss.
§ 3.48Utility theft or meter bypassM1Knowingly diverts utility service, bypasses metering, or reconnects terminated service without authority. Commercial-scale conduct is F5.
§ 3.49Damage to critical infrastructureF3Intentionally damages or disables electrical, water, communications, transportation, emergency, medical, or public-safety infrastructure.
§ 3.50LootingOne grade above underlying theft or burglaryCommits theft, burglary, or trespass in an evacuated area or during a declared disaster, riot, emergency, or mass-casualty event. Maximum F2.
§ 3.51Desecration of a grave or memorialF5Knowingly damages, removes, disturbs, or desecrates human remains, a grave, cemetery property, or an official memorial without authority.
§ 3.52Unlawful dumping on propertyM2Knowingly deposits refuse, debris, a vehicle, or waste on another’s land without consent. Hazardous material is governed by § 12.23.

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Chapter 3A — Theft and unlawful appropriation Chapter 3B — Robbery, burglary, and trespass Chapter 3C — Motor-vehicle property offenses Chapter 3D — Damage, arson, and unlawful interference