Texas Penal Code 31.05 – Theft of Trade Secrets

WHAT IS THEFT OF TRADE SECRETS IN TEXAS?

The Texas law against theft of trade secrets prohibits stealing, communicating, or transmitting a trade secret, or making a copy of any object, substance, device, or material revealing a trade secret without the owner’s effective consent.

Texas Penal Code 31.05 - Theft of Trade Secrets

  • What is a trade secret? Texas Penal Code Section 31.05 defines “trade secret” as “any scientific or technical information, design, process, procedure, formula, or improvement that has value and that the owner has taken measures to prevent from becoming available to persons other than those selected by the owner to have access for limited purposes.”Trade secrets are a type of intellectual property, or a creation of the mind, such as custom-made computer programs, invention prototypes, machinery drawings, and other commercially valuable secrets. Texas courts determine whether something is a “trade secret” based on the measures taken to protect the secret, such as employee non-disclosure agreements, security clearances, restricted access, and any other measures.

WHAT IS THE THEFT OF TRADE SECRETS LAW IN TEXAS?

Tex. Penal Code § 31.05. THEFT OF TRADE SECRETS.

(b) A person commits an offense if, without the owner’s effective consent, he knowingly:

(1) steals a trade secret;

(2) makes a copy of an article representing a trade secret; or

(3) communicates or transmits a trade secret.

(c) An offense under this section is a felony of the third degree.

WHAT IS THE PENALTY CLASS FOR THEFT OF TRADE SECRETS IN TEXAS?

Theft of trade secrets is a third degree felony, punishable by two to ten years in prison.

WHAT IS THE PUNISHMENT RANGE FOR THEFT OF TRADE SECRETS IN TEXAS?

Theft of trade secrets, a third degree felony, carries between two to ten years in prison, and a maximum fine of $10,000.

WHAT ARE THE PENALTIES FOR THEFT OF TRADE SECRETS IN TEXAS?

As an alternative to prison, a person is eligible for up to ten years of probation community supervision after a conviction, or up to ten years of deferred adjudication without a conviction.

WHAT ARE THE DEFENSES TO THEFT OF TRADE SECRETS IN TEXAS?

The statute does not authorize specific defenses to theft of trade secrets. A person accused thereof may attempt to negate one of the elements the State must prove at trial.

WHAT IS THE STATUTE OF LIMITATIONS FOR THEFT OF TRADE SECRETS IN TEXAS?

The statute of limitations for theft of trade secrets, a third degree felony, is five years.

THEFT OF TRADE SECRETS IN TEXAS

Theft of trade secrets punishes people for stealing valuable intellectual property the owner has taken measures to protect as a secret.

TEXAS THEFT OF TRADE SECRETS COURT CASES

The case law regarding theft of trade secrets in Texas shows how courts determine whether something is a trade secret.

  • In Weightman v. State, the co-defendants, McGowan and Weightman, were convicted of theft of trade secrets after stealing machinery drawings from a company to manufacture their own equipment for profit. On appeal, the defendants argued the drawings were not trade secrets, but the Court of Criminal Appeals disagreed and affirmed. The victim company restricted access to the drawings, had employees sign non-disclosure agreements, and had security at the manufacturing plant. The drawings met trade-secret status.
FAQs; Knowledge is power. Get honest answers now.

Glowing Client Reviews

Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!

Joey

I recently hired Trey Porter Law to help our teenage daughter with a drug charge. In the state of Texas she was being charged as an adult which carried a much stiffer penalty. Trey is very responsive, helpful, knowledgeable and is always available to answer any questions or concerns via phone, text or email. He was able to negotiate on her behalf so it was a pleasant experience. I would highly recommend Trey Porter Law.

Wendy

Trey really helped me out. He was straight forward and professional, and really helped me in my case. I thought i was going to lose my job, but trey did everything in his power to help me keep my way of life, and still keeps up with me any details on my case.

I really appreciated all he did for me.

Juan

Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients.

He made himself available and answered all my concerns immediately! I had faith in him and he continued to prove his expertise by helping me. I highly recommend Trey Porter!!

Binda

Trey Porter fought for me! I am a nurse and thought my career was over.

Very thankful I got Trey Porter involved. He responds to messages regularly and was very thorough.

He saved my career. Forever grateful!

Stevie

Mr Porter is the real deal. You get what you pay for these days. I know that from my personal business dealings. Attorney Trey Porter was no different.

He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.

Alina

Read More Reviews

WE FIGHT FOR DISMISSAL

WE FIGHT FOR DISMISSAL

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15

Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15+

Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.

CHARGES DISMISSED

DWI 2nd

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

Contact Trey Porter Today

Request a free consultation

The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.

If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.

Google Rating Avvo Rating