Felony Offenses in the Texas Penal Code

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Texas Penal Code, Section 31.15 - Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft

CHAPTER 31. THEFT

§ 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.
        (c) An offense under this section is a Class A misdemeanor.

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

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