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

Chapter 31 of the Texas Penal Code defines theft related offenses.

“Possession, Manufacture, or Distribution of Certain Items Used to Commit Retail Theft”, as per § 31.15 of the Texas Penal Code, occurs when a person, with the intent to use the instrument to commit theft, the person:

  • possesses a shielding or deactivation instrument; or
  • knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument.

An offense under this section is a Class A misdemeanor.

Punishment Range

Misdemeanor A

  • Confinement in jail for a term not to exceed one year
  • Fine not to exceed $4,000
  • Both such fine and confinement

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