Shoplifting in Texas: Charges and Penalties
Texas charges shoplifting as theft. Here is how the charge is graded and what can make it more serious.
In short: Texas does not have a separate shoplifting crime. Shoplifting is charged as theft under Texas Penal Code Section 31.03, and the value of the merchandise sets the charge. Shoplifting under $100 is a Class C misdemeanor, $100 to under $750 is Class B, $750 to under $2,500 is Class A, and $2,500 or more is a felony. Defeating a retail theft detector or setting off a fire exit alarm raises the charge one level.
Is shoplifting a crime in Texas?
Yes. Texas consolidated shoplifting and several older offenses into a single theft offense. Source: Texas Penal Code § 31.02 A person commits theft by unlawfully appropriating property with intent to deprive the owner of it. Source: Texas Penal Code § 31.03
What is the penalty for shoplifting in Texas?
The value of the merchandise sets the charge level. Source: Texas Penal Code § 31.03
| Value of merchandise | Charge | Punishment range |
|---|---|---|
| Less than $100 | Class C misdemeanor | Fine up to $500 |
| $100 to less than $750 | Class B misdemeanor | Up to 180 days jail, fine up to $2,000 |
| $750 to less than $2,500 | Class A misdemeanor | Up to 1 year jail, fine up to $4,000 |
| $2,500 to less than $30,000 | State jail felony | 180 days to 2 years, fine up to $10,000 |
Source: Texas Penal Code Chapter 12, Punishments Higher values follow the full Texas theft value ladder.
What makes a shoplifting charge more serious?
The charge moves up to the next higher level if, during the offense, the person intentionally, knowingly or recklessly:
- Caused a fire exit alarm to sound or activate.
- Deactivated or prevented a fire exit alarm or retail theft detector from sounding.
- Used a shielding or deactivation instrument to prevent detection by a retail theft detector.
Source: Texas Penal Code § 31.03(f)
A prior record also matters. Shoplifting under $100 becomes Class B with any prior theft conviction, and theft under $2,500 becomes a state jail felony with two or more prior theft convictions. Source: Texas Penal Code § 31.03(e)
Is carrying a foil-lined bag a crime in Texas?
It can be. Possessing a shielding or deactivation instrument with intent to use it to commit theft, or knowingly making, selling or distributing one, is a separate Class A misdemeanor. Source: Texas Penal Code § 31.15
What is organized retail theft in Texas?
Organized retail theft includes taking merchandise, money or other property from a merchant while acting in concert with others, or on two or more occasions within 180 days. It also covers knowingly benefiting from that conduct or helping overwhelm a store's security response. It is graded more harshly than ordinary theft at the same value. Source: Texas Penal Code § 31.16
| Total value | Organized retail theft | Ordinary theft |
|---|---|---|
| Less than $100 | Class B misdemeanor | Class C misdemeanor |
| $100 to less than $750 | Class A misdemeanor | Class B misdemeanor |
| $750 to less than $2,500 | State jail felony | Class A misdemeanor |
| $2,500 to less than $30,000 | Third degree felony | State jail felony |
| $30,000 to less than $150,000 | Second degree felony | Third degree felony |
| $150,000 or more | First degree felony | Second or first degree felony |
Source: Texas Penal Code §§ 31.03 and 31.16
For enhancing a later charge, a guilty or no contest plea to organized retail theft in exchange for deferred adjudication counts as a conviction, even if the person later completes deferred adjudication. Source: Texas Penal Code § 31.16(e)
The law presumes intent to deprive in organized retail theft cases when a person altered or removed a price tag, UPC label or theft detector, or moved merchandise into other packaging. Source: Texas Penal Code § 31.16
How is the value of shoplifted merchandise set?
For ordinary theft, value is the fair market value at the time and place of the offense, or the replacement cost if fair market value cannot be determined. Source: Texas Penal Code § 31.08 For organized retail theft of merchandise from a merchant, value is the stated or posted sales price, including sales tax. Source: Texas Penal Code § 31.08(a-1)
What are common defenses to shoplifting?
- No intent to deprive. Forgetting an item in a cart or a mistake at self-checkout is not the same as intent.
- Value. The grade depends on proven value, and the State has to prove it.
- Identity. Store video and loss-prevention reports can be wrong about who did what.
- Aggregation and priors. Whether earlier incidents can be added or used to enhance depends on the records.
Common questions
Is shoplifting a misdemeanor in Texas?
Shoplifting merchandise worth less than $2,500 is usually a misdemeanor. At $2,500 or more it is a felony, and certain priors or circumstances can make a lower amount a felony.
What happens for a first time shoplifting offense in Texas?
The charge depends on value. Deferred adjudication may be available, subject to the judge's discretion, and leads to dismissal and discharge if completed. Results depend on the facts and the court.
Do you have to leave the store to be charged with shoplifting in Texas?
No. Theft law turns on acquiring or exercising control over property with intent to deprive the owner, not on crossing the exit.
Can you go to jail for shoplifting under $100 in Texas?
Shoplifting under $100 is usually a Class C misdemeanor, punishable by a fine up to $500 and no jail. It can be charged as a Class B, which carries possible jail, if the person has a prior theft conviction, acted with someone else or on two occasions within 180 days, or set off or defeated a store alarm or theft detector.
Is self-checkout theft charged differently in Texas?
No. It is usually charged as theft under Section 31.03 and graded by value like any other shoplifting case.
What is the difference between theft and shoplifting in Texas?
Texas has no separate shoplifting offense. Shoplifting is usually charged as theft under Section 31.03, but repeat or group thefts from a merchant can be charged as organized retail theft under Section 31.16, which is graded more harshly.
Last updated October 2026
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This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.