Question (from an email): Can a person be charged with theft (class b misdemeanor) if merchandise was not found on a person? Or is this considered attempted theft? If so what is the difference and maximum punishment for each?

Reply: Can you give me more details?  (What happened exactly?)

Maybe I can give you a

§ 31.03. THEFT.

(a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.

(b) Appropriation of property is unlawful if:                                

            (1) it is without the owner’s effective consent;                    

            (2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or

            (3) property

§ 31.03. THEFT.

 

(a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.

 

(b)  Appropriation of property is unlawful if:   

                            

            (1)  it is without the owner’s effective consent; 

                    

            (2)  the property is stolen