CHAPTER 28. ARSON, CRIMINAL MISCHIEF, AND OTHERPROPERTY DAMAGE OR DESTRUCTION

State Codes and Statutes

Statutes > Texas > Penal-code > Title-7-offenses-against-property > Chapter-28-arson-criminal-mischief-and-otherproperty-damage-or-destruction

PENAL CODE

TITLE 7. OFFENSES AGAINST PROPERTY

CHAPTER 28. ARSON, CRIMINAL MISCHIEF, AND OTHERPROPERTY DAMAGE OR

DESTRUCTION

Sec. 28.01. DEFINITIONS. In this chapter:

(1) "Habitation" means a structure or vehicle that is adapted

for the overnight accommodation of persons and includes:

(A) each separately secured or occupied portion of the structure

or vehicle; and

(B) each structure appurtenant to or connected with the

structure or vehicle.

(2) "Building" means any structure or enclosure intended for use

or occupation as a habitation or for some purpose of trade,

manufacture, ornament, or use.

(3) "Property" means:

(A) real property;

(B) tangible or intangible personal property, including anything

severed from land; or

anything of value.

(4) "Vehicle" includes any device in, on, or by which any person

or property is or may be propelled, moved, or drawn in the normal

course of commerce or transportation.

(5) "Open-space land" means real property that is undeveloped

for the purpose of human habitation.

(6) "Controlled burning" means the burning of unwanted

vegetation with the consent of the owner of the property on which

the vegetation is located and in such a manner that the fire is

controlled and limited to a designated area.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1979, 66th Leg., p. 1216, ch. 588, Sec. 1, eff.

Sept. 1, 1979; Acts 1989, 71st Leg., ch. 31, Sec. 1, eff. Sept.

1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

1994.

Sec. 28.02. ARSON. (a) A person commits an offense if the

person starts a fire, regardless of whether the fire continues

after ignition, or causes an explosion with intent to destroy or

damage:

(1) any vegetation, fence, or structure on open-space land; or

(2) any building, habitation, or vehicle:

(A) knowing that it is within the limits of an incorporated city

or town;

(B) knowing that it is insured against damage or destruction;

interest;

(D) knowing that it is located on property belonging to another;

(E) knowing that it has located within it property belonging to

another; or

(F) when the person is reckless about whether the burning or

explosion will endanger the life of some individual or the safety

of the property of another.

(a-1) A person commits an offense if the person recklessly

starts a fire or causes an explosion while manufacturing or

attempting to manufacture a controlled substance and the fire or

explosion damages any building, habitation, or vehicle.

(a-2) A person commits an offense if the person intentionally

starts a fire or causes an explosion and in so doing:

(1) recklessly damages or destroys a building belonging to

another; or

(2) recklessly causes another person to suffer bodily injury or

death.

(b) It is an exception to the application of Subsection (a)(1)

that the fire or explosion was a part of the controlled burning

of open-space land.

that prior to starting the fire or causing the explosion, the

actor obtained a permit or other written authorization granted in

accordance with a city ordinance, if any, regulating fires and

explosions.

(d) An offense under Subsection (a) is a felony of the second

degree, except that the offense is a felony of the first degree

if it is shown on the trial of the offense that:

(1) bodily injury or death was suffered by any person by reason

of the commission of the offense; or

(2) the property intended to be damaged or destroyed by the

actor was a habitation or a place of assembly or worship.

(e) An offense under Subsection (a-1) is a state jail felony,

except that the offense is a felony of the third degree if it is

shown on the trial of the offense that bodily injury or death was

suffered by any person by reason of the commission of the

offense.

(f) An offense under Subsection (a-2) is a state jail felony.

(g) If conduct that constitutes an offense under Subsection

(a-1) or that constitutes an offense under Subsection (a-2) also

constitutes an offense under another subsection of this section

or another section of this code, the actor may be prosecuted

under Subsection (a-1) or Subsection (a-2), under the other

subsection of this section, or under the other section of this

code.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1979, 66th Leg., p. 1216, ch. 588, Sec. 2, eff.

Sept. 1, 1979; Acts 1981, 67th Leg., p. 1837, ch. 425, Sec. 1,

eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 31, Sec. 2, eff.

Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.

Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1006, Sec. 1, eff. Sept.

1, 1997; Acts 2001, 77th Leg., ch. 976, Sec. 1, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

960, Sec. 1, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

1168, Sec. 1, eff. September 1, 2009.

Sec. 28.03. CRIMINAL MISCHIEF. (a) A person commits an offense

if, without the effective consent of the owner:

(1) he intentionally or knowingly damages or destroys the

tangible property of the owner;

(2) he intentionally or knowingly tampers with the tangible

property of the owner and causes pecuniary loss or substantial

inconvenience to the owner or a third person; or

(3) he intentionally or knowingly makes markings, including

inscriptions, slogans, drawings, or paintings, on the tangible

property of the owner.

(b) Except as provided by Subsections (f) and (h), an offense

under this section is:

(1) a Class C misdemeanor if:

(A) the amount of pecuniary loss is less than $50; or

(B) except as provided in Subdivision (3)(A) or (3)(B), it

causes substantial inconvenience to others;

(2) a Class B misdemeanor if the amount of pecuniary loss is $50

or more but less than $500;

(3) a Class A misdemeanor if:

(A) the amount of pecuniary loss is $500 or more but less than

$1,500; or

(B) the actor causes in whole or in part impairment or

interruption of any public water supply, or causes to be diverted

in whole, in part, or in any manner, including installation or

removal of any device for any such purpose, any public water

supply, regardless of the amount of the pecuniary loss;

(4) a state jail felony if the amount of pecuniary loss is:

(A) $1,500 or more but less than $20,000;

(B) less than $1,500, if the property damaged or destroyed is a

habitation and if the damage or destruction is caused by a

firearm or explosive weapon;

production or containment of:

(i) cattle, bison, horses, sheep, swine, goats, exotic

livestock, or exotic poultry; or

(ii) game animals as that term is defined by Section 63.001,

Parks and Wildlife Code; or

(D) less than $20,000 and the actor causes wholly or partly

impairment or interruption of public communications, public

transportation, public gas or power supply, or other public

service, or causes to be diverted wholly, partly, or in any

manner, including installation or removal of any device for any

such purpose, any public communications or public gas or power

supply;

(5) a felony of the third degree if the amount of the pecuniary

loss is $20,000 or more but less than $100,000;

(6) a felony of the second degree if the amount of pecuniary

loss is $100,000 or more but less than $200,000; or

(7) a felony of the first degree if the amount of pecuniary loss

is $200,000 or more.

a person who is receiving the economic benefit of public

communications, public water, gas, or power supply, has knowingly

tampered with the tangible property of the owner if the

communication or supply has been:

(1) diverted from passing through a metering device; or

(2) prevented from being correctly registered by a metering

device; or

(3) activated by any device installed to obtain public

communications, public water, gas, or power supply without a

metering device.

(d) The terms "public communication, public transportation,

public gas or power supply, or other public service" and "public

water supply" shall mean, refer to, and include any such services

subject to regulation by the Public Utility Commission of Texas,

the Railroad Commission of Texas, or the Texas Natural Resource

Conservation Commission or any such services enfranchised by the

State of Texas or any political subdivision thereof.

(e) When more than one item of tangible property, belonging to

one or more owners, is damaged, destroyed, or tampered with in

violation of this section pursuant to one scheme or continuing

course of conduct, the conduct may be considered as one offense,

and the amounts of pecuniary loss to property resulting from the

damage to, destruction of, or tampering with the property may be

aggregated in determining the grade of the offense.

(f) An offense under this section is a state jail felony if the

damage or destruction is inflicted on a place of worship or human

burial, a public monument, or a community center that provides

medical, social, or educational programs and the amount of the

pecuniary loss to real property or to tangible personal property

is less than $20,000.

(g) In this section:

(1) "Explosive weapon" means any explosive or incendiary device

that is designed, made, or adapted for the purpose of inflicting

serious bodily injury, death, or substantial property damage, or

for the principal purpose of causing such a loud report as to

cause undue public alarm or terror, and includes:

(A) an explosive or incendiary bomb, grenade, rocket, and mine;

(B) a device designed, made, or adapted for delivering or

shooting an explosive weapon; and

time-delayed manner.

(2) "Firearm" has the meaning assigned by Section 46.01.

(3) "Institution of higher education" has the meaning assigned

by Section 61.003, Education Code.

(4) "Aluminum wiring" means insulated or noninsulated wire or

cable that consists of at least 50 percent aluminum, including

any tubing or conduit attached to the wire or cable.

(5) "Bronze wiring" means insulated or noninsulated wire or

cable that consists of at least 50 percent bronze, including any

tubing or conduit attached to the wire or cable.

(6) "Copper wiring" means insulated or noninsulated wire or

cable that consists of at least 50 percent copper, including any

tubing or conduit attached to the wire or cable.

(7) "Transportation communications equipment" means:

(A) an official traffic-control device, railroad sign or signal,

or traffic-control signal, as those terms are defined by Section

541.304, Transportation Code; or

(B) a sign, signal, or device erected by a railroad, public

body, or public officer to direct the movement of a railroad

train, as defined by Section 541.202, Transportation Code.

(8) "Transportation communications device" means any item

attached to transportation communications equipment, including

aluminum wiring, bronze wiring, and copper wiring.

(h) An offense under this section is a state jail felony if the

amount of the pecuniary loss to real property or to tangible

personal property is $1,500 or more but less than $20,000 and the

damage or destruction is inflicted on a public or private

elementary school, secondary school, or institution of higher

education.

(i) Notwithstanding Subsection (b), an offense under this

section is a felony of the first degree if the property is

livestock and the damage is caused by introducing bovine

spongiform encephalopathy, commonly known as mad cow disease, or

a disease described by Section 161.041(a), Agriculture Code. In

this subsection, "livestock" has the meaning assigned by Section

161.001, Agriculture Code.

(j) Notwithstanding Subsection (b), an offense under this

section is a felony of the third degree if:

(1) the tangible property damaged, destroyed, or tampered with

is transportation communications equipment or a transportation

communications device; and

(2) the amount of the pecuniary loss to the tangible property is

less than $100,000.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1981, 67th Leg., p. 66, ch. 29, Sec. 1, eff. Aug.

31, 1981; Acts 1983, 68th Leg., p. 2917, ch. 497, Sec. 1, eff.

Sept. 1, 1983; Acts 1985, 69th Leg., ch. 352, Sec. 1, eff. Sept.

1, 1985; Acts 1989, 71st Leg., ch. 559, Sec. 1, eff. June 14,

1989; Acts 1989, 71st Leg., ch. 1253, Sec. 1, eff. Sept. 1, 1989;

Acts 1989, 71st Leg., 1st C.S., ch. 42, Sec. 1, eff. Sept. 1,

1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

1994; Acts 1995, 74th Leg., ch. 76, Sec. 11.280, eff. Sept. 1,

1995; Acts 1997, 75th Leg., ch. 1083, Sec. 1, eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 686, Sec. 1, eff. Sept. 1, 1999; Acts

2001, 77th Leg., ch. 747, Sec. 1, eff. Sept. 1, 2001; Acts 2001,

77th Leg., ch. 976, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th

Leg., ch. 1280, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

690, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

690, Sec. 2, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

638, Sec. 1, eff. September 1, 2009.

Sec. 28.04. RECKLESS DAMAGE OR DESTRUCTION. (a) A person

commits an offense if, without the effective consent of the

owner, he recklessly damages or destroys property of the owner.

(b) An offense under this section is a Class C misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Sec. 28.05. ACTOR'S INTEREST IN PROPERTY. It is no defense to

prosecution under this chapter that the actor has an interest in

the property damaged or destroyed if another person also has an

interest that the actor is not entitled to infringe.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Sec. 28.06. AMOUNT OF PECUNIARY LOSS. (a) The amount of

pecuniary loss under this chapter, if the property is destroyed,

is:

(1) the fair market value of the property at the time and place

of the destruction; or

(2) if the fair market value of the property cannot be

ascertained, the cost of replacing the property within a

reasonable time after the destruction.

(b) The amount of pecuniary loss under this chapter, if the

property is damaged, is the cost of repairing or restoring the

damaged property within a reasonable time after the damage

occurred.

documents, other than those having a readily ascertainable market

value, is:

(1) the amount due and collectible at maturity less any part

that has been satisfied, if the document constitutes evidence of

a debt; or

(2) the greatest amount of economic loss that the owner might

reasonably suffer by virtue of the destruction or damage if the

document is other than evidence of a debt.

(d) If the amount of pecuniary loss cannot be ascertained by the

criteria set forth in Subsections (a) through (c), the amount of

loss is deemed to be greater than $500 but less than $1,500.

(e) If the actor proves by a preponderance of the evidence that

he gave consideration for or had a legal interest in the property

involved, the value of the interest so proven shall be deducted

from:

(1) the amount of pecuniary loss if the property is destroyed;

(2) the amount of pecuniary loss to the extent of an amount

equal to the ratio the value of the interest bears to the total

value of the property, if the property is damaged.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1983, 68th Leg., p. 2918, ch. 497, Sec. 2, eff.

Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.

Sept. 1, 1994.

Sec. 28.07. INTERFERENCE WITH RAILROAD PROPERTY. (a) In this

section:

(1) "Railroad property" means:

(A) a train, locomotive, railroad car, caboose, work equipment,

rolling stock, safety device, switch, or connection that is

owned, leased, operated, or possessed by a railroad; or

(B) a railroad track, rail, bridge, trestle, or right-of-way

owned or used by a railroad.

(2) "Tamper" means to move, alter, or interfere with railroad

property.

(b) A person commits an offense if the person:

(1) throws an object or discharges a firearm or weapon at a

train or rail-mounted work equipment; or

(2) without the effective consent of the owner:

(A) enters or remains on railroad property, knowing that it is

railroad property;

(B) tampers with railroad property;

(D) causes in any manner the derailment of a train, railroad

car, or other railroad property that moves on tracks.

unless the person causes bodily injury to another, in which event

the offense is a felony of the third degree.

(d) An offense under Subsection (b)(2)(A) is a Class C

misdemeanor.

(e) An offense under Subsection (b)(2)(B), (b)(2)(C), or

(b)(2)(D) is a Class C misdemeanor unless the person causes

pecuniary loss, in which event the offense is:

(1) a Class B misdemeanor if the amount of pecuniary loss is $20

or more but less than $500;

(2) a Class A misdemeanor if the amount of pecuniary loss is

$500 or more but less than $1,500;

(3) a state jail felony if the amount of pecuniary loss is

$1,500 or more but less than $20,000;

(4) a felony of the third degree if the amount of the pecuniary

loss is $20,000 or more but less than $100,000;

(5) a felony of the second degree if the amount of pecuniary

loss is $100,000 or more but less than $200,000; or

(6) a felony of the first degree if the amount of the pecuniary

loss is $200,000 or more.

(f) The conduct described in Subsection (b)(2)(A) is not an

offense under this section if it is undertaken by an employee of

the railroad or by a representative of a labor organization which

represents or is seeking to represent the employees of the

railroad as long as the employee or representative has a right to

engage in such conduct under the Railway Labor Act (45 U.S.C.

Section 151 et seq.).

Added by Acts 1989, 71st Leg., ch. 908, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.

Sept. 1, 1994.

Sec. 28.08. GRAFFITI. (a) A person commits an offense if,

without the effective consent of the owner, the person

intentionally or knowingly makes markings, including

inscriptions, slogans, drawings, or paintings, on the tangible

property of the owner with:

(1) paint;

(2) an indelible marker; or

(3) an etching or engraving device.

(b) Except as provided by Subsection (d), an offense under this

section is:

(1) a Class B misdemeanor if the amount of pecuniary loss is

less than $500;

(2) a Class A misdemeanor if the amount of pecuniary loss is

$500 or more but less than $1,500;

(3) a state jail felony if the amount of pecuniary loss is

$1,500 or more but less than $20,000;

(4) a felony of the third degree if the amount of pecuniary loss

is $20,000 or more but less than $100,000;

(5) a felony of the second degree if the amount of pecuniary

loss is $100,000 or more but less than $200,000; or

(6) a felony of the first degree if the amount of pecuniary loss

is $200,000 or more.

one or more owners, is marked in violation of this section

pursuant to one scheme or continuing course of conduct, the

conduct may be considered as one offense, and the amounts of

pecuniary loss to property resulting from the marking of the

property may be aggregated in determining the grade of the

offense.

(d) An offense under this section is a state jail felony if:

(1) the marking is made on a school, an institution of higher

education, a place of worship or human burial, a public monument,

or a community center that provides medical, social, or

educational programs; and

(2) the amount of the pecuniary loss to real property or to

tangible personal property is less than $20,000.

(e) In this section:

(1) "Aerosol paint" means an aerosolized paint product.

(2) "Etching or engraving device" means a device that makes a

delineation or impression on tangible property, regardless of the

manufacturer's intended use for that device.

(3) "Indelible marker" means a device that makes a mark with a

paint or ink product that is specifically formulated to be more

difficult to erase, wash out, or remove than ordinary paint or

ink products.

(4) "Institution of higher education" has the meaning assigned

by Section 481.134, Health and Safety Code.

(5) "School" means a private or public elementary or secondary

school.

Added by Acts 1997, 75th Leg., ch. 593, Sec. 1, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 166, Sec. 1, 2, eff.

Sept. 1, 1999; Acts 1999, 76th Leg., ch. 695, Sec. 1, eff. Sept.

1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 16.001, eff. Sept.

1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

639, Sec. 4, eff. September 1, 2009.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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