Theft of Trade Secrets – Texas Penal Code §31.05

Texas Criminal Law

The Texas offense of Theft of Trade Secrets is the the theft crime that applies to commercial traade secrets.

The concept of “unlawful appropriation” is the same here as it is for the simple Theft offense. Learn more about unlawful appropriation on the Theft offense page.

Have you been charged with Theft of Trade Secrets? Book a consultation to discuss legal representation with criminal defense attorney Paul Saputo today.

Or apply for a free consultation here

Learn more about the Theft of Trade Secrets offense below.

What is the current Texas law about Theft Of Trade Secrets?

The current Texas law defines the offense of Theft of Trade Secrets in Penal Code Section §31.05 as follows:[1]

(b) A person commits an offense if, without the owner’s effective consent, he knowingly:

(1) steals a trade secret;

(2) makes a copy of an article representing a trade secret; or

(3) communicates or transmits a trade secret.

“Trade secrets” refer to “any part of any scientific or technical information, design, process, procedure, formula, or improvement that has value and that the owner has taken measures to prevent from becoming available to persons other than those selected by the owner to have access for limited purposes.”[2]

How can I be charged with Theft Of Trade Secrets?

You can be charged with Theft of Trade Secrets if the state’s attorneys believe that each of the elements of 31.05(b) as described in the section above have been met.

What is the punishment for Theft Of Trade Secrets?

Theft of Trade Secrets is punished as a third degree felony.[3]

Legal References:

^1. Texas Penal Code §31.05^2. Texas Penal Code §31.05(a)(4)^3. Texas Penal Code §31.05(c)

Arrested or Charged With a Crime?

Schedule a Consultation