The Theft Ladder
Penal Code 31.03 — under $100, then $750, $2,500 and $30,000
In Texas a person commits theft by unlawfully appropriating property with intent to deprive the owner of it. Appropriating is unlawful when it is without the owner's effective consent, or when the property is stolen and the person takes it knowing it was stolen by someone else. The class of offense follows the value of what was taken.
| Value of the property | The class |
|---|---|
| Value of the propertyLess than $100 | The classClass C misdemeanor |
| Value of the property$100 or more, less than $750 | The classClass B misdemeanor |
| Value of the property$750 or more, less than $2,500 | The classClass A misdemeanor |
| Value of the property$2,500 or more, less than $30,000 | The classState jail felony |
| Value of the property$30,000 or more, less than $150,000 | The classThird degree felony |
| Value of the property$150,000 or more, less than $300,000 | The classSecond degree felony |
| Value of the property$300,000 or more | The classFirst degree felony |
- Less than $100 is a Class B misdemeanor where the person has any prior theft conviction.
- Less than $2,500 is a state jail felony where the person has two or more prior theft convictions.
- Regardless of value, theft from the person of another, or of a firearm, is a state jail felony.
- A driver's license or state identification certificate is a Class B misdemeanor.
- Aluminum, bronze, copper or brass worth less than $20,000, and a catalytic converter costing less than $30,000 to replace, are state jail felonies.
| Class | The range the Penal Code sets |
|---|---|
| ClassClass C misdemeanor | The range the Penal Code setsA fine of up to $500 |
| ClassClass B misdemeanor | The range the Penal Code setsUp to 180 days in jail, a fine of up to $2,000, or both |
| ClassClass A misdemeanor | The range the Penal Code setsUp to one year in jail, a fine of up to $4,000, or both |
| ClassState jail felony | The range the Penal Code sets180 days to two years in a state jail, and a fine of up to $10,000 |
| ClassThird degree felony | The range the Penal Code sets2 to 10 years, and a fine of up to $10,000 |
| ClassSecond degree felony | The range the Penal Code sets2 to 20 years, and a fine of up to $10,000 |
| ClassFirst degree felony | The range the Penal Code sets5 to 99 years or life, and a fine of up to $10,000 |
The section raises an offense to the next higher category in the circumstances it lists, and a state jail felony is punished as a third degree felony where a deadly weapon was used or exhibited or on certain prior convictions. For Class B theft of $100 to less than $750, the Code of Criminal Procedure lets an officer issue a citation instead of taking the person before a magistrate, where the person lives in the county.
Sources for this section (9)
- Penal Code 31.03 — Theft
- Penal Code 12.23 — Class C misdemeanor
- Penal Code 12.22 — Class B misdemeanor
- Penal Code 12.21 — Class A misdemeanor
- Penal Code 12.35 — State jail felony punishment
- Penal Code 12.34 — Third degree felony punishment
- Penal Code 12.33 — Second degree felony punishment
- Penal Code 12.32 — First degree felony punishment
- Crim. Proc. art. 14.06 — Taking an arrested person before a magistrate, and citations instead
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.