Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft

From the Law Office of Alison Grinter in Dallas, Texas

1 Degree
2 Statute(s)
3 Caselaw
4 Collateral Consequences
5 Notes

Degree

Knowingly possessing, manufacturing, selling, or distributing the instruments of retail theft is a class A misdemeanor.

Statute(s)

§ 31.15. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT.

(a) In this section:

(1) "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.

(2) "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.

(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.

Added by Acts 2001, 77th Leg., ch. 109, § 1, eff. Sept. 1, 2001.