Theft of Petroleum Product
Chapter 31 of the Texas Penal Code defines theft related offenses.
“Theft of Petroleum Product”, as per § 31.19 of the Texas Penal Code, occurs when a person unlawfully appropriates a petroleum product with intent to deprive the owner of the petroleum product by:
- possessing, removing, delivering, receiving, purchasing, selling, moving, concealing, or transporting the petroleum product; or
- 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.
Appropriation of a petroleum product is unlawful if it is without the owner's effective consent.
An offense under this section is:
- a state jail felony if the total value of the petroleum product appropriated is less than $10,000;
- 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;
- 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
- a felony of the first degree if the total value of the petroleum product appropriated is $300,000 or more.
Punishment Range
State Jail Felony
- Confinement in a state jail for not more than two years and not less than 180 days
- In addition to confinement, may receive a fine not to exceed $10,000
Third Degree Felony
- Imprisonment in the institutional division for not more than 10 years or less than two years
- In addition to imprisonment, may receive a fine not to exceed $10,000
Second Degree Felony
- Imprisonment in the institutional division for not more than 20 years or less than two years
- In addition to imprisonment, may receive a fine not to exceed $10,000
First Degree Felony
- Imprisonment in the institutional division for life, or
- Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon
- In addition to imprisonment, may receive a fine not to exceed $10,000