Possession of Instruments Used to Commit Retail Theft graphic with Texas flag
Possession of Instruments Used to Commit Retail Theft graphic with Texas flag

Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft

The Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft crime in the state of Texas gave 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. Learn more detailed information about the Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft offense below.

Note that subsection (a) of this law was repealed in 2011.

Have you been charged with Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft? Call criminal lawyer Paul Saputo at (888) 239-9305 to discuss legal representation.

Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft is classified in the Texas Penal Code under Title 7 “Offenses Against Property,” Chapter 31 “Theft.”

What is the current Texas law about Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft?

The current Texas law is 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.

How can I be charged with Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft?

You can be charged with Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft 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 punishment for Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft?

A conviction for Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft is punished as a Class A misdemeanor,2 with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year. Learn about the differences between grades of felonies and misdemeanors


Legal References:

1 Texas Penal Code §31.15

2 Texas Penal Code §31.15(c)

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