Tex. Codes » Penal Code · TITLE 7. OFFENSES AGAINST PROPERTY · CHAPTER 31. THEFT
Texas Codes

Tex. Penal Code § 31.09 (2026)

Aggregation Of Amounts Involved In Theft

✓ current as of May 2026
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Sec. 31.09. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. 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.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Notes of Decisions
Cited in 138 cases (8 in the last 5 years), 1982–2025 · leading case: Ex Parte Goodman, 152 S.W.3d 67 (Tex. Crim. App. 2004).
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Ex Parte Goodman, 152 S.W.3d 67 (Tex. Crim. App. 2004). · cites it 6× “On January 28, 2002, a second Cherokee County grand jury presented an indictment that charged appellant with aggregated theft under Texas Penal Code § 31.09. [3] This second indictment alleged, in relevant part, that appellant, *70 on or about the 1st day of May, 1999 through…”
King v. State, 17 S.W.3d 7 (Tex. App. 2000). · cites it 4× “See Tex. Penal Code Ann. § 31.09 (Vernon 1994).”
Johnson v. State, 560 S.W.3d 224 (Tex. Crim. App. 2018). · cites it 2× “TEX. PEN. CODE § 31.09. The wake and funeral services were conducted for both Karen Jones and Helen Jones, whereas only a funeral service was held for Titus Harrison.”
Thomason v. State, 892 S.W.2d 8 (Tex. Crim. App. 1994). · cites it 4× “The Court of Appeals rejected appellant's contention, holding the indictment charged appellant with aggregated theft pursuant to Tex.Penal Code Ann. § 31.09, [3] despite failing to allege the amounts of the checks were obtained "pursuant to one scheme or continuing course of…”
Skillern v. State, 890 S.W.2d 849 (Tex. App. 1995). · cites it 2× “Laws 2244, 2245 (Tex.Penal Code Ann. § 31.03(a), (e)(5)(B), since amended); Tex.”
Kent, Kevin Lavelle, 483 S.W.3d 557 (Tex. Crim. App. 2016). · cites it 2× “He argues that, although the amounts of the thefts can be aggregated, there must be a unanimous verdict as to each separate unit of prosecution. He also asserts that unanimity is required when the elements are separate and distinct acts constituting the commission of the offense.”
Romine v. State, 722 S.W.2d 494 (Tex. App. 1986). · cites it 4× “Tex.Penal Code Ann. §§ 31.09 and 32.03 (Vernon 1974) state: 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…”
Eastep v. State, 941 S.W.2d 130 (Tex. Crim. App. 1997). · cites it 2× “Tex. Penal Code Ann. § 31.09 . The jury assessed punishment at five years confinement and a $10,000.”
Martin v. State, 874 S.W.2d 674 (Tex. Crim. App. 1994). · cites it 2× “, Tex. Penal Code Ann. § 31.09 (in theft involving "one scheme or continuing course of conduct" State can bring one indictment and aggregate amounts); Tex.”
State v. Frye, 897 S.W.2d 324 (Tex. Crim. App. 1995). · cites it 2× “The indictment also alleged additional offenses and aggregated them for purpose of raising the offense grade to that of a felony pursuant to Tex.Penal Code § 31.09. Frye, 846 S.W.2d at 445 .”
Kevin Lavelle Kent v. State, 447 S.W.3d 408 (Tex. App. 2014). · cites it 4× “” Tex. Penal Code Ann. § 31.09 . Notably, the statute omits the subject of all penal statutes (i.”
Mungin v. State, 192 S.W.3d 793 (Tex. App. 2006). “” Tex. Pen.Code Ann. § 31.09 (Vernon 2003).”
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