Theft of Trade Secrets

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

“Theft of Trade Secrets”, as per § 31.05 of the Texas Penal Code, occurs when a person, without the owner's effective consent, knowingly:

  • steals a trade secret
  • makes a copy of an article representing a trade secret; or
  • communicates or transmits a trade secret

Trade secret" means the whole or 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.

An offense under this section is a third degree felony.

Punishment Range

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

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