Texas Codes

Tex. Penal Code § 31.01 (2026)

Definitions

✓ current as of May 2026

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Sec. 31.01. DEFINITIONS. In this chapter:

(1) "Deception" means:

(A) creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true;

(B) failing to correct a false impression of law or fact that is likely to affect the judgment of another in the transaction, that the actor previously created or confirmed by words or conduct, and that the actor does not now believe to be true;

(D) selling or otherwise transferring or encumbering property without disclosing a lien, security interest, adverse claim, or other legal impediment to the enjoyment of the property, whether the lien, security interest, claim, or impediment is or is not valid, or is or is not a matter of official record; or

(E) promising performance that is likely to affect the judgment of another in the transaction and that the actor does not intend to perform or knows will not be performed, except that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed.

(2) "Deprive" means:

(A) to withhold property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the property is lost to the owner;

(B) to restore property only upon payment of reward or other compensation; or

(3) "Effective consent" includes consent by a person legally authorized to act for the owner. Consent is not effective if:

(A) induced by deception or coercion;

(B) given by a person the actor knows is not legally authorized to act for the owner;

(C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable property dispositions;

(D) given solely to detect the commission of an offense; or

(E) given by a person who by reason of advanced age is known by the actor to have a diminished capacity to make informed and rational decisions about the reasonable disposition of property.

(4) "Appropriate" means:

(A) to bring about a transfer or purported transfer of title to or other nonpossessory interest in property other than real property, whether to the actor or another; or

(B) to acquire or otherwise exercise control over property other than real property.

(5) "Property" means:

(A) real property;

(B) tangible or intangible personal property including anything severed from land; or

(6) "Service" includes:

(A) labor and professional service;

(B) telecommunication, public utility, or transportation service;

(D) the supply of a motor vehicle or other property for use.

(7) "Steal" means to acquire property or service by theft.

(8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code.

(9) "Used or secondhand motor vehicle" means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code.

(10) "Elderly individual" has the meaning assigned by Section 22.04(c).

(11) "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale by a merchant. The term includes a gift card.

(12) "Retail theft detector" means an electrical, mechanical, electronic, or magnetic device used to prevent or detect shoplifting and includes any article or component part essential to the proper operation of the device.

(13) "Shielding or deactivation instrument" means any item or tool designed, made, or adapted for the purpose of preventing the detection of stolen merchandise by a retail theft detector. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise.

(14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code.

Text of subdivision as added by Acts 2025, 89th Leg., R.S., Ch. 319 (S.B. 1646), Sec. 1.03

(15) "Critical infrastructure facility" means:

(A) one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs that are posted on the property, are reasonably likely to come to the attention of intruders, and indicate that entry is forbidden:

(i) a petroleum or alumina refinery;

(ii) an electrical power generating facility, substation, switching station, or electrical control center;

(iii) a chemical, polymer, or rubber manufacturing facility;

(iv) a water intake structure, water treatment facility, wastewater treatment plant, or pump station;

(v) a natural gas compressor station;

(vi) a liquid natural gas terminal or storage facility;

(vii) a telecommunications central switching office or any structure used as part of a system to provide wired or wireless telecommunications services, cable or video services, or Internet access services;

(viii) a port, a railroad switching yard, a trucking terminal, or any other freight transportation facility;

(ix) a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas;

(x) a transmission facility used by a federally licensed radio or television station;

(xi) a steelmaking facility that uses an electric arc furnace to make steel;

(xii) a dam that is classified as a high hazard by the Texas Commission on Environmental Quality;

(xiii) a concentrated animal feeding operation, as defined by Section 26.048, Water Code; or

(xiv) any component of a system:

(a) on which a 9-1-1 service, as defined by Section 771.001, Health and Safety Code, depends to properly function; or

(b) that enables interoperable communications between emergency services personnel, as defined by Section 22.01, during an emergency or disaster; or

(B) if enclosed by a fence or other physical barrier obviously designed to exclude intruders:

(i) any portion of an aboveground oil, gas, or chemical pipeline;

(ii) an oil or gas drilling site;

(iii) a group of tanks used to store crude oil, such as a tank battery;

(iv) an oil, gas, or chemical production facility;

(v) an oil or gas wellhead; or

(vi) any oil and gas facility that has an active flare.

Text of subdivision as added by Acts 2025, 89th Leg., R.S., Ch. 815 (S.B. 1300), Sec. 3

(15) "Merchant" means any business that sells items to the public.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 914, ch. 342, Sec. 9, eff. Sept. 1, 1975; Acts 1985, 69th Leg., ch. 901, Sec. 2, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 165, Sec. 30.237, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 432, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 323 (H.B. 2482), Sec. 1, eff. September 1, 2011.

Acts 2025, 89th Leg., R.S., Ch. 319 (S.B. 1646), Sec. 1.03, eff. May 30, 2025.

Acts 2025, 89th Leg., R.S., Ch. 815 (S.B. 1300), Sec. 3, eff. September 1, 2025.

Acts 2025, 89th Leg., 2nd C.S., Ch. 16 (S.B. 16), Sec. 8, eff. December 4, 2025.

Notes of Decisions

Cited in 403 cases (32 in the last 5 years), 1981–2026 · leading case: Johnson v. State, 560 S.W.3d 224 (Tex. Crim. App. 2018).

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Johnson v. State, 560 S.W.3d 224 (Tex. Crim. App. 2018). · cites it 12× “"Deception" in the context of this case means promising performance that is likely to affect the judgment of another in the transaction and that the actor does not intend to perform or knows will not be performed, except that failure to perform the promise in issue without other…”

Daugherty, Tonya Jean, 387 S.W.3d 654 (Tex. Crim. App. 2013). · cites it 8× “" Tex. Penal Code § 31.01(1). The majority mistakenly claims that the State failed to prove any such deception.”

Stewart v. State, 44 S.W.3d 582 (Tex. Crim. App. 2001). · cites it 6× “Texas Penal Code § 31.01, Definitions, provides in part: (4) "Appropriate" means: (B) to acquire or otherwise exercise control over property other than real property.”

King v. State, 17 S.W.3d 7 (Tex. App. 2000). · cites it 6× “" See Tex. Penal Code Ann. § 31.01 (b)(1) (Vernon 1994).”

Billy R. Higginbotham, Jr. v. State, 356 S.W.3d 584 (Tex. App. 2011). · cites it 6× “The Texas Penal Code provides that consent is ineffective if “induced by deception-” Tex. Penal Code Ann. § 31.01 (3)(A) (West Supp.”

Bullock v. State, 509 S.W.3d 921 (Tex. Crim. App. 2016). · cites it 2× “And if the jury was capable of rationally drawing that conclusion from the evidence, it should have been permitted to consider the lesser included offense of attempted theft.”

State v. Edmond, 933 S.W.2d 120 (Tex. Crim. App. 1996). · cites it 4× “Tex.Penal Code Ann. § 31.01(4) (Since amended and now appearing at Tex.”

Alberto Alba Villarreal v. State, 504 S.W.3d 494 (Tex. App. 2016). · cites it 4× “” Tex. Penal Code Ann. § 31.01 (4)(B) (West, Westlaw through 2015 R.”

Geick v. State, 349 S.W.3d 542 (Tex. Crim. App. 2011). · cites it 3× “Tex. Pen.Code § 31.01 (4). 22 . Tex. Pen.”

Viscaino v. State, 513 S.W.3d 802 (Tex. App. 2017). · cites it 6× “Tex. Penal Code Ann. §§ 31.01 (5)(B-C)(West Supp.”

Hefner v. State, 735 S.W.2d 608 (Tex. App. 1987). · cites it 6× “TEX.PENAL CODE ANN. § 31.01 (Vernon 1974).”

Simmons v. State, 109 S.W.3d 469 (Tex. Crim. App. 2003). · cites it 4× “), the court held that, based on Christiansen, Cooper and the definition of "property" in Tex. Penal Code § 31.01, "the value of a check is its face amount.”

Show all 403 citing cases →

— Tex. Penal Code § 31.01(1) — 24 cases

Daugherty, Tonya Jean, 387 S.W.3d 654 (Tex. Crim. App. 2013). “" Tex. Penal Code § 31.01(1). The majority mistakenly claims that the State failed to prove any such deception.”

Baker v. State, 986 S.W.2d 271 (Tex. App. 1998).

Crum v. State, 946 S.W.2d 349 (Tex. App. 1997).

Riley v. State, 312 S.W.3d 673 (Tex. App. 2009).

Askari v. State, 129 S.W.3d 160 (Tex. App. 2003).

— Tex. Penal Code § 31.01(1)(2XA) — 1 case

Grice v. State, 635 S.W.2d 890 (Tex. App. 1982).

— Tex. Penal Code § 31.01(1)(A) — 33 cases

Christensen v. State, 240 S.W.3d 25 (Tex. App. 2007).

Klumpe v. IBP, Inc., 309 F.3d 279 (5th Cir. 2002).

Lee v. State, 29 S.W.3d 570 (Tex. App. 2000).

Thompson v. State, 244 S.W.3d 357 (Tex. App. 2007).

Walter Demond v. State, 452 S.W.3d 435 (Tex. App. 2014).

— Tex. Penal Code § 31.01(1)(B) — 10 cases

Fernandez v. State, 479 S.W.3d 835 (Tex. Crim. App. 2016).

Daugherty, Tonya Jean, 387 S.W.3d 654 (Tex. Crim. App. 2013). “" Tex. Penal Code § 31.01(1). The majority mistakenly claims that the State failed to prove any such deception.”

Klumpe v. IBP, Inc., 309 F.3d 279 (5th Cir. 2002).

Fernandez, James (Tex. App. 2015).

Fernandez, James (Tex. 2015).

— Tex. Penal Code § 31.01(1)(C) — 1 case

Demond, Walter (Tex. App. 2015).

— Tex. Penal Code § 31.01(1)(D) — 3 cases

Roberts v. State, 319 S.W.3d 37 (Tex. App. 2010).

Ceasar Montoya Soltero v. State (Tex. App. 2020).

Fernandez, James (Tex. App. 2015).

— Tex. Penal Code § 31.01(1)(E) — 11 cases

Johnson v. State, 560 S.W.3d 224 (Tex. Crim. App. 2018). “"Deception" in the context of this case means promising performance that is likely to affect the judgment of another in the transaction and that the actor does not intend to perform or knows will not be performed, except that failure to perform the promise in issue without other…”

Taylor, Henry Jr., 450 S.W.3d 528 (Tex. Crim. App. 2014).

Daugherty, Tonya Jean, 387 S.W.3d 654 (Tex. Crim. App. 2013). “" Tex. Penal Code § 31.01(1). The majority mistakenly claims that the State failed to prove any such deception.”

Roper v. State, 917 S.W.2d 128 (Tex. App. 1996).

Wirth v. State, 342 S.W.3d 161 (Tex. App. 2011).

— Tex. Penal Code § 31.01(10) — 1 case

Dimitri Alexander Graves v. State (Tex. App. 2018).

— Tex. Penal Code § 31.01(11) — 2 cases

Terri Regina Lang v. State (Tex. App. 2019).

JOE, DARYL v. the State of Texas (Tex. Crim. App. 2025).

— Tex. Penal Code § 31.01(2) — 20 cases

Winkley v. State, 123 S.W.3d 707 (Tex. App. 2003).

Elbar Invs., Inc. v. Okedokun (In re Okedokun), 593 B.R. 469 (Bankr. S.D. Tex. 2018).

Geter v. State, 779 S.W.2d 403 (Tex. Crim. App. 1989).

Dodson v. State, 800 S.W.2d 592 (Tex. App. 1990).

Flores v. State, 888 S.W.2d 187 (Tex. App. 1994).

— Tex. Penal Code § 31.01(2)(A) — 29 cases

Skillern v. State, 890 S.W.2d 849 (Tex. App. 1995).

Wright v. Minardi (In re Minardi), 536 B.R. 171 (Bankr. E.D. Tex. 2015).

Long v. State, 525 S.W.3d 351 (Tex. App. 2017).

Opperman v. Path, Inc., 87 F. Supp. 3d 1018 (N.D. Cal. 2014).

— Tex. Penal Code § 31.01(2)(B) — 2 cases

Kieschnick v. State, 911 S.W.2d 156 (Tex. App. 1995).

Monsurat Adetoro Ogunlana v. State (Tex. App. 2012).

— Tex. Penal Code § 31.01(2)(C) — 5 cases

King v. State, 174 S.W.3d 796 (Tex. App. 2005).

Walter Demond v. State, 452 S.W.3d 435 (Tex. App. 2014).

Margaret Anne Hardison v. State (Tex. App. 2016).

Demond, Walter (Tex. App. 2015).

Gerald Christopher Zuliani v. State (Tex. App. 2015).

— Tex. Penal Code § 31.01(2)(E) — 6 cases

Taylor, Henry Jr., 450 S.W.3d 528 (Tex. Crim. App. 2014).

McElroy v. State, 667 S.W.2d 856 (Tex. App. 1984).

Sorce v. State, 736 S.W.2d 851 (Tex. App. 1987).

Martinez v. State, 754 S.W.2d 799 (Tex. App. 1988).

Ducree v. State, 681 S.W.2d 157 (Tex. App. 1984).

— Tex. Penal Code § 31.01(3) — 23 cases

Geick v. State, 349 S.W.3d 542 (Tex. Crim. App. 2011). “Tex. Pen.Code § 31.01 (4). 22 . Tex. Pen.”

State v. Edmond, 933 S.W.2d 120 (Tex. Crim. App. 1996). “Tex.Penal Code Ann. § 31.01(4) (Since amended and now appearing at Tex.”

Hefner v. State, 735 S.W.2d 608 (Tex. App. 1987). “TEX.PENAL CODE ANN. § 31.01 (Vernon 1974).”

Edwards v. State, 178 S.W.3d 139 (Tex. App. 2005).

Mandel v. Thrasher (In Re Mandel), 578 F. App'x 376 (5th Cir. 2014).

— Tex. Penal Code § 31.01(3)(A) — 37 cases

Billy R. Higginbotham, Jr. v. State, 356 S.W.3d 584 (Tex. App. 2011). “The Texas Penal Code provides that consent is ineffective if “induced by deception-” Tex. Penal Code Ann. § 31.01 (3)(A) (West Supp.”

Phares v. State, 301 S.W.3d 348 (Tex. App. 2009).

Leon v. State, 102 S.W.3d 776 (Tex. App. 2003).

King v. State, 174 S.W.3d 796 (Tex. App. 2005).

— Tex. Penal Code § 31.01(3)(A)(D) — 1 case

Gregory Alan Gauer v. State (Tex. App. 2017).

— Tex. Penal Code § 31.01(3)(B) — 1 case

United States v. Fulbright, 348 F. App'x 949 (5th Cir. 2009).

— Tex. Penal Code § 31.01(3)(C) — 1 case

McCay, Mark (Tex. 2015).

— Tex. Penal Code § 31.01(3)(D) — 1 case

United States v. Victor Blancas-Rosas, 414 F. App'x 634 (5th Cir. 2011).

— Tex. Penal Code § 31.01(3)(E) — 2 cases

Hope L. Gonzales v. State (Tex. App. 1999).

Mark McCay v. State (Tex. App. 2015).

— Tex. Penal Code § 31.01(3)(a) — 1 case

Ruben Arispe, Jr. v. State (Tex. App. 2013).

— Tex. Penal Code § 31.01(4) — 41 cases

State v. Edmond, 933 S.W.2d 120 (Tex. Crim. App. 1996). “Tex.Penal Code Ann. § 31.01(4) (Since amended and now appearing at Tex.”

Terri Porter Garcia v. the Travis Law Firm, P.C., 564 S.W.3d 75 (Tex. App. 2018).

Hefner v. State, 735 S.W.2d 608 (Tex. App. 1987). “TEX.PENAL CODE ANN. § 31.01 (Vernon 1974).”

Dodson v. State, 800 S.W.2d 592 (Tex. App. 1990).

— Tex. Penal Code § 31.01(4)(A) — 22 cases

Bates Energy Oil & Gas v. Complete Oilfield Servs., 361 F. Supp. 3d 633 (W.D. Tex. 2019).

Stewart v. State, 44 S.W.3d 582 (Tex. Crim. App. 2001). “Texas Penal Code § 31.01, Definitions, provides in part: (4) "Appropriate" means: (B) to acquire or otherwise exercise control over property other than real property.”

Terri Porter Garcia v. the Travis Law Firm, P.C., 564 S.W.3d 75 (Tex. App. 2018).

Skillern v. State, 890 S.W.2d 849 (Tex. App. 1995).

Felton v. State, 659 S.W.2d 482 (Tex. App. 1984).

— Tex. Penal Code § 31.01(4)(B) — 33 cases

Bullock v. State, 509 S.W.3d 921 (Tex. Crim. App. 2016). “And if the jury was capable of rationally drawing that conclusion from the evidence, it should have been permitted to consider the lesser included offense of attempted theft.”

Dixon v. State, 43 S.W.3d 548 (Tex. App. 2001).

McCurdy v. State, 550 S.W.3d 331 (Tex. App. 2018).

— Tex. Penal Code § 31.01(4)(C) — 2 cases

Gainer v. State, 553 So. 2d 673 (Ala. Crim. App. 1989).

Urdiales v. State, 751 S.W.2d 269 (Tex. App. 1988).

— Tex. Penal Code § 31.01(4)(D) — 1 case

Moore v. State, 659 S.W.2d 445 (Tex. App. 1983).

— Tex. Penal Code § 31.01(4)(a) — 1 case

French v. State, 666 S.W.2d 369 (Tex. App. 1984).

— Tex. Penal Code § 31.01(5) — 14 cases

Simmons v. State, 109 S.W.3d 469 (Tex. Crim. App. 2003). “), the court held that, based on Christiansen, Cooper and the definition of "property" in Tex. Penal Code § 31.01, "the value of a check is its face amount.”

Geter v. State, 779 S.W.2d 403 (Tex. Crim. App. 1989).

Bertram v. State, 670 S.W.2d 305 (Tex. App. 1984).

Bailey v. State, 885 S.W.2d 193 (Tex. App. 1994).

— Tex. Penal Code § 31.01(5)(A) — 2 cases

Moore v. State, 659 S.W.2d 445 (Tex. App. 1983).

Harrison v. State, 630 S.W.2d 350 (Tex. App. 1982).

— Tex. Penal Code § 31.01(5)(B) — 10 cases

One 1985 Chevrolet v. State, 852 S.W.2d 932 (Tex. 1993).

Salazar v. State, 711 S.W.2d 720 (Tex. App. 1986).

Anderson v. State, 871 S.W.2d 900 (Tex. App. 1994).

Betancourt v. State, 657 S.W.2d 451 (Tex. App. 1983).

Roberson v. State, 821 S.W.2d 446 (Tex. App. 1992).

— Tex. Penal Code § 31.01(5)(C) — 3 cases

McCurdy v. State, 550 S.W.3d 331 (Tex. App. 2018).

Brinson Benefits, Inc. v. Linda Hooper, Sean Sendelbach & Holmes Murphy & Assocs., Inc. (Tex. App. 2015).

Cleotha Whitaker, Jr. v. State (Tex. App. 2003).

— Tex. Penal Code § 31.01(6) — 1 case

Thornton Ranch, LLC v. Cont'l Resources, Inc. (W.D. Tex. 2025).

— Tex. Penal Code § 31.01(6)(A) — 1 case

State v. Bartee, 894 S.W.2d 34 (Tex. App. 1995).

— Tex. Penal Code § 31.01(6)(C) — 2 cases

Weaver v. State, 722 S.W.2d 143 (Tex. App. 1986).

Huff v. State, 630 S.W.2d 909 (Tex. App. 1982).

— Tex. Penal Code § 31.01(7) — 5 cases

Lang, Terri Regina, 561 S.W.3d 174 (Tex. Crim. App. 2018).

TXCO Resources, Inc. v. Peregrine Petroleum, L.L.C. (In re TXCO Resources, Inc.), 475 B.R. 781 (Bankr. W.D. Tex. 2012).

In re Mud King Prods., Inc., 514 B.R. 496 (Bankr. S.D. Tex. 2014).

Rodriguez v. State, 889 S.W.2d 559 (Tex. App. 1994).

Parker v. State, 680 S.W.2d 643 (Tex. App. 1984).

— Tex. Penal Code § 31.01(C) — 1 case

Demond, Walter (Tex. App. 2015).

— Tex. Penal Code § 31.01(a)(A) — 1 case

Johnny Ray Partain v. State (Tex. App. 2017).

— Tex. Penal Code § 31.01(e) — 1 case

Ruben Arispe, Jr. v. State (Tex. App. 2013).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.