Texas Theft Laws: Felony Threshold, Penalties and Shoplifting (2026)

In Texas, theft becomes a felony when the property is worth $2,500 or more. Texas Penal Code 31.03(e)(4)(A) makes theft of property valued at "$2,500 or more but less than $30,000" a state jail felony, the lowest of Texas's felony grades, and below that line theft is a misdemeanor graded by value. Other rules move the line: organized retail theft under Penal Code 31.16 becomes a state jail felony at $750, some thefts are felonies at any value, such as theft of a firearm or of property taken from another person, and Penal Code 31.03(f) raises a theft one grade, for example from a Class A misdemeanor to a state jail felony, when the owner is elderly or a nonprofit or a retail theft detector is defeated. For other states, see our guide to theft laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Texas state criminal theft law in Penal Code Chapter 31 (Sections 31.01, 31.03, 31.08, 31.09 and 31.16) and the punishment ranges in Penal Code Chapter 12, plus the merchant detention and theft-liability rules in Civil Practice and Remedies Code Chapters 124 and 134. It does not cover federal theft offenses, city ordinances, or identity theft and fraud schemes, which have their own pages linked below.

What counts as theft in Texas

Texas treats taking property without consent and knowingly acquiring stolen property as one offense. Penal Code 31.03 provides:

"(a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (b) Appropriation of property is unlawful if: (1) it is without the owner's effective consent; (2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or (3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another."

The intent element turns on the word "deprive." Penal Code 31.01(2) defines it for all of Chapter 31 as withholding property from the owner permanently or for so long that "a major portion of the value or enjoyment of the property is lost to the owner," returning property only in exchange for a reward or other compensation, or disposing of property in a way that "makes recovery of the property by the owner unlikely."

"Property" is broad. Under Penal Code 31.01(5) it includes real property, tangible or intangible personal property including anything severed from land, and "a document, including money, that represents or embodies anything of value."

Shoplifting is not a separately named crime in Texas. A theft from a store is prosecuted under the general theft statute, 31.03, or, when the conduct fits, under the organized retail theft statute, 31.16. Chapter 31 does define the retail terms these sections use: "retail merchandise" includes a gift card, a "retail theft detector" is a device "used to prevent or detect shoplifting," and a "shielding or deactivation instrument" is any item or tool designed, made, or adapted to keep stolen merchandise from being detected by a retail theft detector (Penal Code 31.01(11)-(13)).

Texas theft grading table: value tiers and penalties

Penal Code 31.03(e) sets the grade of a theft by the value of the property, and Penal Code Chapter 12 sets the punishment range for each grade. Texas does not use the labels "petty theft" or "grand theft"; every theft is graded by class.

The ranges in the right-hand column come from Penal Code Sections 12.21 through 12.23 (misdemeanors) and 12.32 through 12.35 (felonies). They are the limits the Legislature set, not a prediction of the sentence in any particular case.

General repeat-offender and weapon rules in Penal Code Chapter 12 can raise these ranges. For example, a state jail felony is punished as a third-degree felony when a deadly weapon was used or exhibited or the person has certain prior felony convictions (12.35(c)), or when the person has two prior state jail felony convictions (12.425(a)). In the other direction, Penal Code 12.44 allows a court to impose Class A misdemeanor confinement for a state jail felony and, at the prosecutor's request, to authorize prosecution of a state jail felony as a Class A misdemeanor.

The boundary wording matters at the edges. Each tier is written as "$X or more but less than $Y," so property worth exactly $2,500 falls in the state jail felony tier, property worth exactly $750 is a Class A misdemeanor, and property worth exactly $100 is a Class B misdemeanor.

A few kinds of property are placed in a tier by type rather than value. Theft of a driver's license, commercial driver's license or personal identification certificate issued by Texas or another state is a Class B misdemeanor (31.03(e)(2)(C)). Theft of cattle, horses, or exotic livestock or exotic fowl in a single transaction with an aggregate value of less than $150,000 is a third-degree felony (31.03(e)(5)(A)). The same tier covers 10 or more head of sheep, swine or goats taken in a single transaction with an aggregate value of less than $150,000 (31.03(e)(5)(B)) and a controlled substance worth less than $150,000 stolen from a commercial building where controlled substances are generally stored, such as a pharmacy, clinic, hospital, nursing facility or warehouse, or from a vehicle of a wholesale distributor of prescription drugs (31.03(e)(5)(C)). Theft of an automated teller machine or its contents or components, where the value is less than $300,000, is a second-degree felony (31.03(e)(6)(B)).

How Texas measures the value of stolen property

Because the grade turns on value, Penal Code 31.08 says how value is measured. Under 31.08(a), value is "the fair market value of the property or service at the time and place of the offense," or, if the fair market value cannot be ascertained, "the cost of replacing the property within a reasonable time after the theft."

If value "cannot be reasonably ascertained" by those criteria, Section 31.08(c) deems the property to have "a value of $750 or more but less than $2,500," which is the Class A misdemeanor tier.

For organized retail theft, Section 31.08(a-1) uses a different measure: the value of stolen retail merchandise is "the sales price of the retail merchandise as stated, posted, or advertised by the merchant, including applicable sales tax, at the time of the offense," or, for rental merchandise, the stated, posted, or advertised rental price including sales tax plus the cost of replacing the merchandise within a reasonable time after the offense (31.08(a-1)(2)).

Thefts that are felonies regardless of value

Several thefts are state jail felonies even when the property is worth less than $2,500. Under Penal Code 31.03(e)(4), the offense is a state jail felony if:

• "regardless of value, the property is stolen from the person of another or from a human corpse or grave, including property that is a military grave marker" (31.03(e)(4)(B));
• "the property stolen is a firearm" (31.03(e)(4)(C));
• "the property stolen is an official ballot or official carrier envelope for an election" (31.03(e)(4)(E));
• the property is aluminum, bronze, copper or brass and its value is less than $20,000 (31.03(e)(4)(F));
• the property is a catalytic converter and the cost of replacing it is less than $30,000 (31.03(e)(4)(G));
• the property is worth less than $30,000, was stolen in a disaster area, and came into the person's custody, possession, or control because of the person's status or claimed status as a disaster volunteer (31.03(e)(4)(H), added effective December 4, 2025); or
• the property is less than 10 head of sheep, swine, or goats, or any part of them, under the value of $30,000 (31.03(e)(4)(A)).

Repeat theft convictions

Prior theft convictions can raise the grade of a low-value theft. Two steps in Section 31.03(e) apply:

• One prior conviction. Theft of property worth less than $100 becomes a Class B misdemeanor if "the defendant has previously been convicted of any grade of theft" (31.03(e)(2)(B)).
• Two or more prior convictions. Theft of property worth less than $2,500 becomes a state jail felony if "the defendant has been previously convicted two or more times of any grade of theft" (31.03(e)(4)(D)).

The second rule means a theft that would otherwise be a Class C, B or A misdemeanor can be charged as a felony because of the person's record.

Circumstances that raise the grade one level

Penal Code 31.03(f) increases an offense "to the next higher category of offense" when certain facts are shown at trial. The statute applies this increase to offenses graded under Subsections (e)(1) through (e)(6). The listed circumstances include:

• the owner of the property was, at the time of the offense, "an elderly individual" or "a nonprofit organization" (31.03(f)(3)); and
• during the offense, the person intentionally, knowingly, or recklessly "caused a fire exit alarm to sound or otherwise become activated," "deactivated or otherwise prevented a fire exit alarm or retail theft detector from sounding," or "used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector" (31.03(f)(5)).

Because of the retail-detector circumstances, a store theft in which a retail theft detector is defeated or a shielding or deactivation instrument is used can be graded one class higher than the value alone would set.

Two more increases apply only to thefts already graded as felonies under Subsections (e)(4) through (e)(6): theft of a catalytic converter when the person possessed a firearm during the offense (31.03(f-1)), and theft of copper or brass taken from a critical infrastructure facility or from equipment or communication wires connected to it or on which it depends (31.03(f-2)).

Penal Code 12.50 adds a separate one-category increase for a theft under 31.03 committed in an area that was, at the time, subject to a declared state of disaster or an emergency evacuation order (12.50(a), (b)(11)). When such an offense is punishable as a Class A misdemeanor, Section 12.50(c) raises the minimum term of confinement to 180 days. Under 31.03(f-3), the Section 12.50 increase does not apply when the disaster-volunteer felony in 31.03(e)(4)(H) applies.

Adding up several thefts: aggregation

Texas lets prosecutors combine the value of several thefts. Penal Code 31.09 provides:

"When amounts are obtained in violation of this chapter pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the amounts aggregated in determining the grade of the offense."

A series of smaller thefts that are part of one scheme can therefore be graded on their combined value, which can move the total above $2,500 or into a higher felony tier.

Shoplifting and organized retail theft

An ordinary shoplifting case is a theft under Section 31.03, graded by the value of the merchandise in the table above, with the one-level increase in 31.03(f)(5) when a fire exit alarm, retail theft detector or shielding instrument is involved.

The burglary statute reaches a store theft only in narrower situations. Penal Code 30.02(a) applies only to conduct "without the effective consent of the owner," where the person "(1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or (2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or (3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault." Except as provided in 30.02(c-1), (c-2) and (d), burglary of a building other than a habitation is a state jail felony (30.02(c)(1)), and the section sets no minimum value.

Penal Code 31.16 creates a separate offense, organized retail theft, aimed at group and repeat conduct. A person commits it under 31.16(a) if the person:

"(1) acting in concert with one or more other persons, unlawfully appropriates retail merchandise, money, or other property from a merchant with the intent to deprive the merchant of the property; (2) on two or more occasions within a 180-day period, unlawfully appropriates retail merchandise, money, or other property from a merchant with the intent to deprive the merchant of the property; ..."

The offense also covers a person who knowingly benefits from another person's offense under (1) or (2), and a person who knowingly acts with others to overwhelm the security response of a merchant or a peace officer to commit such an offense or to avoid detection or apprehension for it (31.16(a)(3)-(4)).

Section 31.16(b)(2) adds a presumption: a person is presumed to have acted with intent to deprive a merchant of retail merchandise if the person "altered or removed a label, universal product code, price tag, or retail theft detector" or "transferred retail merchandise from the merchandise's packaging into other packaging."

Organized retail theft is graded on the total value of the property involved, on a ladder that sits below the general theft ladder:

So the felony line for organized retail theft is $750, not the $2,500 that applies to ordinary theft.

The 2025 changes: S.B. 1300 and two other acts

The Legislature amended Section 31.16 in Senate Bill 1300 of the 89th Legislature, effective September 1, 2025, and the same bill amended the value rules in Section 31.08. The enrolled bill applies the change only to offenses committed on or after September 1, 2025, so a case based on conduct before that date is graded under the earlier version of the statute.

Two other 2025 acts amended the general theft statute, Section 31.03. Senate Bill 1646 of the 89th Legislature added the copper-and-brass increase in 31.03(f-2), effective May 30, 2025. House Bill 20 of the 89th Legislature, 2nd Called Session, added the disaster-volunteer felony in 31.03(e)(4)(H), effective December 4, 2025, and applies it only to offenses committed on or after that date.

Merchant detention and civil liability for theft

Texas law gives merchants two kinds of civil tools, separate from any criminal case.

Detention. Civil Practice and Remedies Code 124.001(a) provides that "a person who reasonably believes that another has stolen or is attempting to steal property is privileged to detain that person in a reasonable manner and for a reasonable time to investigate ownership of the property."

Theft education programs. Section 124.001(b) allows a merchant to offer a person suspected of stealing or attempting to steal from the merchant an opportunity to complete a theft education program under Section 124.002. Under 124.002(d), a person "may not be required to make an admission of guilt to participate," and under 124.002(e), a person who successfully completes the program "may not be subject to any additional civil penalties under any other provision of law."

Civil suits under the Texas Theft Liability Act. Civil Practice and Remedies Code 134.003(a) provides that "a person who commits theft is liable for the damages resulting from the theft," and 134.003(b) makes a parent or other person with the duty of control and reasonable discipline of a child liable for theft committed by the child. Section 134.002(2) defines "theft" for the act by reference to Penal Code sections that include 31.03 and 31.04. Under Section 134.005, a person bringing the suit may recover:

• from the person who committed the theft, actual damages plus additional damages "in a sum not to exceed $1,000"; or
• from a parent or other responsible person, actual damages "not to exceed $5,000."

Section 134.005(b) adds that "each person who prevails in a suit under this chapter shall be awarded court costs and reasonable and necessary attorney's fees." These provisions describe what a court can award in a lawsuit. Whether a particular demand or claim from a store matches them is a question for a lawyer licensed in Texas.

Related legal issues

Theft by deception and other fraud schemes are covered in our guide to Texas scam and fraud laws, which also explains where to report them. Stealing someone's personal information is a separate set of offenses covered in Texas identity theft laws. For clearing a theft arrest or charge from a record, see Texas expungement laws, and for filing deadlines see the Texas statute of limitations guide. Federal theft offenses are covered on our theft laws hub.

Related

• Theft laws by state
• Texas scam and fraud laws
• Texas identity theft laws
• Texas expungement laws
• Texas statute of limitations

This article provides general legal information about Texas theft statutes as of October 13, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Texas.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the felony theft amount in Texas?

Theft is a state jail felony when the property is worth $2,500 or more but less than $30,000 (Texas Penal Code 31.03(e)(4)(A)). For organized retail theft under Penal Code 31.16, the felony line is lower: $750 or more.

Is stealing $1,000 a felony in Texas?

Under the general theft statute, property worth $750 or more but less than $2,500 is a Class A misdemeanor (Penal Code 31.03(e)(3)). The same value is a state jail felony if it is organized retail theft (31.16(d)(3)), if the property is a firearm or taken from the person, or if the person has two or more prior theft convictions (31.03(e)(4)). A one-grade increase under 31.03(f) also makes it a state jail felony, for example when the owner is an elderly individual or a nonprofit organization or a shielding or deactivation instrument is used to avoid a retail theft detector.

Is shoplifting a felony in Texas?

Shoplifting is graded like any other theft under Penal Code 31.03, so it is a misdemeanor below $2,500 unless another rule raises it, such as two or more prior theft convictions (31.03(e)(4)(D)) or a one-grade increase under 31.03(f), for example when a retail theft detector is defeated or a shielding or deactivation instrument is used, which makes a theft of $750 or more but less than $2,500 a state jail felony. Retail theft charged as organized retail theft under Penal Code 31.16 becomes a state jail felony at $750. Separately, burglary under Penal Code 30.02 requires acting without the owner's effective consent: entering a portion of a building not then open to the public with intent to commit theft, remaining concealed in a building with that intent, or entering a building without that consent and committing or attempting a theft is burglary, which in a building other than a habitation is generally a state jail felony at any value (30.02(a), (c)(1)).

What is the penalty for stealing under $100 in Texas?

Theft of property worth less than $100 is a Class C misdemeanor (Penal Code 31.03(e)(1)), punishable by a fine of up to $500 (Penal Code 12.23). It becomes a Class B misdemeanor if the person has a prior theft conviction of any grade (31.03(e)(2)(B)).

Does Texas have petty theft and grand theft?

Texas does not grade theft with those labels. Penal Code 31.03(e) grades every theft by class, from a Class C misdemeanor for property under $100 to a first-degree felony for property worth $300,000 or more.

What is organized retail theft in Texas?

Under Penal Code 31.16, it includes stealing retail merchandise, money or other property from a merchant while acting in concert with one or more other people, or on two or more occasions within a 180-day period. It also covers knowingly benefiting from another person's such offense and knowingly acting with others to overwhelm a merchant's or peace officer's security response for that purpose (31.16(a)(3)-(4)). It is graded by total value, from a Class B misdemeanor under $100 to a first-degree felony at $150,000 or more.

Can a store sue me for shoplifting in Texas?

The Texas Theft Liability Act makes a person who commits theft liable for the resulting damages (Civil Practice and Remedies Code 134.003). A court may award actual damages plus up to $1,000 more, and the statute awards court costs and reasonable and necessary attorney's fees to each person who prevails in the suit, whichever side that is (134.005(b)).

Can a Texas store detain someone suspected of shoplifting?

Civil Practice and Remedies Code 124.001 gives a person who reasonably believes another has stolen or is attempting to steal property a privilege to detain that person in a reasonable manner and for a reasonable time to investigate ownership of the property.