Texas Theft Charges by Value: The Full Ladder
How the dollar value of the property sets the charge level, from Class C misdemeanor to first degree felony.
In short: In Texas, the value of the property stolen sets the level of a theft charge. Theft under $100 is a Class C misdemeanor. Theft of $100 to under $750 is Class B, $750 to under $2,500 is Class A, $2,500 to under $30,000 is a state jail felony, and the charge keeps climbing until theft of $300,000 or more is a first degree felony.
How does Texas grade theft by value?
Texas Penal Code Section 31.03(e) sets the grade of a theft charge based on the value of the property stolen. Source: Texas Penal Code § 31.03
| Value of property stolen | Offense level | 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 state jail, fine up to $10,000 |
| $30,000 to less than $150,000 | Third degree felony | 2 to 10 years prison, fine up to $10,000 |
| $150,000 to less than $300,000 | Second degree felony | 2 to 20 years prison, fine up to $10,000 |
| $300,000 or more | First degree felony | 5 to 99 years or life, fine up to $10,000 |
Source: Texas Penal Code Chapter 12, Punishments
What is theft in Texas?
A person commits theft by unlawfully appropriating property with intent to deprive the owner of the property. Appropriation is unlawful when it is without the owner's effective consent, among other situations. Source: Texas Penal Code § 31.03
Texas folded shoplifting, embezzlement, receiving stolen property and several older offenses into this single theft statute. Source: Texas Penal Code § 31.02
How is the value of stolen property decided?
Value is the fair market value of the property at the time and place of the offense. If fair market value cannot be determined, value is the cost of replacing the property within a reasonable time after the theft. Source: Texas Penal Code § 31.08
Value is often the most contested fact in a theft case. A dispute over a few dollars can move a charge across a line, such as from a Class A misdemeanor to a state jail felony at $2,500.
Can several small thefts be added together?
Yes. When amounts are obtained under one scheme or continuing course of conduct, from the same or several sources, the State may treat the conduct as one offense and add the amounts together to set the grade. Source: Texas Penal Code § 31.09
When is theft charged higher than its dollar value?
Section 31.03(e) sets a higher grade than the dollar value alone would in several cases. These include:
- Class B if the value is under $100 and the person has any prior theft conviction, or the property is a driver's license or state ID.
- State jail felony if the property is taken from the person of another or from a corpse or grave, the property is a firearm or an official election ballot, or the value is under $2,500 and the person has two or more prior theft convictions.
- State jail felony for aluminum, bronze, copper or brass under $20,000 and catalytic converters with a replacement cost under $30,000.
Source: Texas Penal Code § 31.03
What makes a theft charge go up one level?
Under Section 31.03(f), the charge moves up to the next higher category if the State shows, among other things, that:
- The person was a public servant and got the property through that position.
- The owner of the property was an elderly individual or a nonprofit organization.
- During the offense, the person set off a fire exit alarm, disabled a fire exit alarm or retail theft detector, or used a shielding or deactivation instrument.
Source: Texas Penal Code § 31.03
A felony theft charge also goes up one level when copper or brass is taken from a critical infrastructure facility or its connected equipment or wires. Source: Texas Penal Code § 31.03(f-2)
A state jail felony is punished as a third degree felony if a deadly weapon was used or exhibited, or the person has certain prior felony convictions. Source: Texas Penal Code § 12.35
Is a first theft charge eligible for deferred adjudication?
In most theft cases, Texas law allows a judge to grant deferred adjudication community supervision. Source: Texas Code of Criminal Procedure Art. 42A.102 When the period ends without the case being adjudicated, the judge dismisses the proceedings and discharges the person. Source: Texas Code of Criminal Procedure Art. 42A.111 See our guide to Deferred Adjudication in Texas.
Common questions
How much do you have to steal for it to be a felony in Texas?
Theft of property worth $2,500 or more is a felony, starting as a state jail felony for $2,500 to under $30,000. Some thefts are felonies regardless of value, such as theft of a firearm or theft from the person of another.
Is theft under $100 a crime in Texas?
Yes. It is a Class C misdemeanor punishable by a fine up to $500. With a prior theft conviction, it becomes a Class B misdemeanor.
What is the punishment for Class B theft in Texas?
Up to 180 days in county jail, a fine up to $2,000, or both.
Does Texas add up multiple thefts?
It can. Amounts taken under one scheme or continuing course of conduct may be aggregated into one offense, which can raise the grade.
Is shoplifting charged as theft in Texas?
Yes. Texas consolidated shoplifting into the general theft statute, so shoplifting is graded on the same value ladder.
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.