WHAT IS POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT IN TEXAS?
Texas law prohibits possessing, manufacturing, or distributing certain instruments used to commit retail theft.
- What are “certain instruments used to commit retail theft”? Instruments used to commit retail theft are also referred to as “shielding or deactivation instruments,” which include anything that is designed, made, or adapted to prevent a retail theft detector from sensing stolen merchandise. These may be metal-lined or foil-lined bags, purses, or any item used to remove a security tag from merchandise.
WHAT IS THE POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT LAW IN TEXAS?
Tex. Penal Code § 31.15. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT.
(b) A person commits an offense if, with the intent to use the instrument to commit theft, the person:
(1) possesses a shielding or deactivation instrument; or
(2) knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument.
(c) An offense under this section is a Class A misdemeanor.
WHAT IS THE PENALTY CLASS FOR POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT IN TEXAS?
It is a Class A misdemeanor to possess, manufacture, or distribute certain instruments used to commit retail theft, punishable by up to one year in county jail.
WHAT IS THE PUNISHMENT RANGE FOR POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT IN TEXAS?
Possession, manufacture, or distribution of certain instruments used to commit retail theft, a Class A misdemeanor, carries up to one year in county jail, and a maximum fine of $4,000.
WHAT ARE THE PENALTIES FOR POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT IN TEXAS?
A person charged with possession, manufacture, or distribution of certain instruments used to commit retail theft may be eligible for probation after a conviction, or deferred adjudication without a conviction, for up to two years.
WHAT ARE THE DEFENSES TO POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT IN TEXAS?
The statute does not authorize specific defenses to possession, manufacture, or distribution of certain instruments used to commit retail theft. A person accused thereof may assert any defense in an attempt to negate at least one of the elements the State must prove at trial. For example, an accused may argue he or she lacked the requisite knowledge or intent to commit the offense.
WHAT IS THE STATUTE OF LIMITATIONS FOR POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT IN TEXAS?
The limitation period for possession, manufacture, or distribution of certain instruments used to commit retail theft, a Class A misdemeanor, is two years.
POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT IN TEXAS
In an effort to dissuade and prevent the growing number of retail thefts, the Texas Legislature criminalized all activity facilitating retail theft.
