Law Office of Kimberly N. Shanklin, PLLC.
Serving Denton County Since 2002
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Theft of Petroleum Product

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.

Severity of Crime

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