The Texas Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft law gives police the right to arrest you if they believe you used a shielding or deactivation device, or sold, offered to sell, or manufactured a deactivation device with the intent to commit theft.
FAQs about the
Instruments Used to Commit Retail Theft law in Texas
- What is the current Texas law about Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft?
- What is the penalty for a Texas Instruments Used to Commit Retail Theft offense?
- How can I be charged with a Instruments Used to Commit Retail Theft offense in Texas?
- What is the statute of limitations for Instruments Used to Commit Retail Theft in Texas?
- Can you get probation for Instruments Used to Commit Retail Theft in Texas?
- What level of crime is Instruments Used to Commit Retail Theft in Texas?
The Texas legislature codified this criminal offense in Texas Penal Code Section 31.15. The legislature did not update this law in 2025. In fact, this law has not been amended since 2011.
The Penal Code classifies the Texas Instruments Used to Commit Retail Theft law under Title 7 “Offenses Against Property,” Chapter 31 “Theft.” Learn more about the Texas offense of Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft below.
What is the current Texas law about Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft?
AV Preeminent Texas lawyer Paul Saputo provides the current law defining Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft in Penal Code Section §31.15, as follows:[1]
(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.
Subsection (a) of this law was repealed in 2011.[2]
What is the penalty for a Texas Instruments Used to Commit Retail Theft offense?
A conviction for Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft in Texas is punished as a Class A misdemeanor,[3] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.
How can I be charged with a Instruments Used to Commit Retail Theft offense in Texas?
You can be charged with Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft in Texas if the state’s attorneys believe that each of the elements of §31.15(b) as described in the section above have been met.
What is the statute of limitations for Instruments Used to Commit Retail Theft in Texas?
As a misdemeanor, Instruments Used to Commit Retail Theft charges have a two-year limitations period.[4]
Can you get probation for Instruments Used to Commit Retail Theft in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Instruments Used to Commit Retail Theft, and judges are also allowed to accept deferred adjudication plea deals.[5]
What level of crime is Instruments Used to Commit Retail Theft in Texas?
The Penal Code classifies the punishment for Instruments Used to Commit Retail Theft as a Class A misdemeanor.
Learn more about the penalty range for this offense in the section above.
Legal References:
^1. Texas Penal Code §31.15. This law is current as of 2025.^2. HB 2482, 82nd Texas Legislature, Section 4^3. Texas Penal Code §31.15(c)^4. See Code of Criminal Procedure 12.02(a)^5. See Chapter 42A, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102
