Texas Codes
Tex. Penal Code § 31.10 (2026)
Actor's Interest In Property
✓ current as of May 2026
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Sec. 31.10. ACTOR'S INTEREST IN PROPERTY. It is no defense to prosecution under this chapter that the actor has an interest in the property or service stolen if another person has the right of exclusive possession of the property.
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 3
cases (1 in the last 5 years), 1995–2025 · leading case: Morgan v. State, 501 S.W.3d 84 (Tex. Crim. App. 2016).
Morgan v. State, 501 S.W.3d 84 (Tex. Crim. App. 2016). “Id, at 251 (citing Tex. Penal Code § 31.10, which provides that, “It is no defense to prosecution under this chapter that the actor has an interest in the property or service stolen if another person has the right of exclusive possession of the property.”
State v. Bartee, 894 S.W.2d 34 (Tex. App. 1995). “TEX.PENAL CODE ANN. § 31.10 (Vernon 1994) provides: "It is no defense to prosecution under this chapter [theft] that the actor has an interest in the properly or service stolen if another person has the right of exclusive possession of the property.”
Carol Johnene Morris v. City of Midland, Texas:J.M. Cox Resources: & I.C.E.E.D. Inc. (Tex. App. 2025). “Issue 2: Appellant Carol Johnene Morris is “actually innocent” of the substantive offense of ‘Theft By Deception’ Over $1500 But Less Than $20,000; pursuant to TEX. Penal Code §31.10; and “actually innocent” of being a habitual offender with a 20-yrs.”
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