WHAT IS THEFT OF PETROLEUM PRODUCT IN TEXAS?
The Texas law against theft of a petroleum product prohibits stealing oil field fuel and equipment.
WHAT IS THE THEFT OF PETROLEUM PRODUCT LAW IN TEXAS?
Tex. Penal Code § 31.19. THEFT OF PETROLEUM PRODUCT.
(b) A person commits an offense if the person unlawfully appropriates a petroleum product with intent to deprive the owner of the petroleum product by:
(1) possessing, removing, delivering, receiving, purchasing, selling, moving, concealing, or transporting the petroleum product; or
(2) making or causing a connection to be made with, or drilling or tapping or causing a hole to be drilled or tapped in, a pipe, pipeline, or tank used to store or transport a petroleum product.
. . .
(d) An offense under this section is:
(1) a state jail felony if the total value of the petroleum product appropriated is less than $10,000;
(2) a felony of the third degree if the total value of the petroleum product appropriated is $10,000 or more but less than $100,000;
(3) a felony of the second degree if the total value of the petroleum product appropriated is $100,000 or more but less than $300,000; or
(4) a felony of the first degree if the total value of the petroleum product appropriated is $300,000 or more.
WHAT IS THE PENALTY CLASS FOR THEFT OF PETROLEUM PRODUCT IN TEXAS?
The penalty class for theft of a petroleum product depends on the total value of the petroleum product appropriated:
- State jail felony, punishable by 180 days to two years in state jail, if:
- the total value of the petroleum product appropriated is less than $10,000;
- Third degree felony, punishable by two to ten years in prison, if:
- the total value of the petroleum product appropriated is $10,000 or more but less than $100,000;
- Second degree felony, punishable by two to 20 years in prison, if:
- the total value of the petroleum product appropriated is $100,000 or more but less than $300,000;
- First degree felony, punishable by five to 99 years or life in prison, if:
- the total value of the petroleum product appropriated is $300,000 or more.
WHAT IS THE PUNISHMENT RANGE FOR THEFT OF PETROLEUM PRODUCT IN TEXAS?
The punishment range for theft of a petroleum product increases with the total value of the petroleum product appropriated.
- State jail felony, if the total value is less than $10,000:
- 180 days to two years in a state jail facility, maximum fine of $10,000;
- Third degree felony, if the total value is $10,000 or more but less than $100,000:
- two to ten years in prison, maximum fine of $10,000;
- Second degree felony, if the total value is $100,000 or more but less than $300,000:
- two to 20 years in prison, maximum fine of $10,000;
- First degree felony, if the total value is $300,000 or more:
- five to 99 years or life in prison, maximum fine of $10,000.
WHAT ARE THE PENALTIES FOR THEFT OF PETROLEUM PRODUCT IN TEXAS?
A person charged with theft of a petroleum product may be eligible for probation after a conviction, or deferred adjudication without a conviction. The period of community supervision for a state jail felony theft of a petroleum product is from two to five years, with the possibility of extending supervision for up to ten years.
For a third degree felony petroleum product theft charge, a person may be placed on deferred adjudication for up to ten years, or probation for a period between two and five years.
The period of community supervision for first degree felony and second degree felony petroleum product theft charges may not exceed ten years. A judge may also order up to 180 days in jail as a condition of community supervision on felony cases.
WHAT ARE THE DEFENSES TO THEFT OF PETROLEUM PRODUCT IN TEXAS?
The statute does not authorize specific defenses to theft of a petroleum product. 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 PETROLEUM PRODUCT IN TEXAS?
The limitation period for theft of a petroleum product is five years.
THEFT OF A PETROLEUM PRODUCT IN TEXAS
The Texas Legislature enacted the law against theft of a petroleum product in 2017 in response to increasingly sophisticated hydrocarbon theft operations, pipe and scrap metal theft, solar panel and battery theft, and vandalism.
