The Texas Penal Code defines theft as unlawfully taking property without consent through either methods of deception, misrepresentation, or physical seizure. This definition encompasses a range of offenses from shoplifting to bounced checks. The penalty for each offense may be as serious as jail time or as small as a fine. The possession of stolen property does not need to be indefinite, but long enough for the owner to be disadvantaged of its value. 

Categories of Theft 

The most common types of theft in Texas are as follows:

• General Theft: Taking an item that does not belong to you without permission of possession. This can be taking money out of the tip jar at an establishment you are not employed under, pickpocketing, or even stealing cleaning supplies from work. 

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The current classification of cannabis and cannabis-derived products is a topic of confusion for most Texans. Though, it is a topic Texas inhabitants should be clear on as possession of marijuana and paraphernalia can warrant varying charges from misdemeanor to felony. As of the moment, cannabis-derived products that contain less than 0.3% of THC are legal in the state of Texas. As long as Delta-8 products do not exceed 0.3% of THC are not considered controlled substances. This contingency is fragile due to an ongoing lawsuit to determine the legal status of Delta-8. 

Possibility Penalties 

This fragile contingency is a good reason to get clear on the laws surrounding marijuana. As multiple states across America have legalized recreational use of marijuana, Texas has passed more lenient criminal penalties for possession. Not to be mistaken, possession of marijuana is still illegal, in fact, possession of two or less ounces of cannabis is a misdemeanor punishable by up to 180 days in prison and a maximum fine of two thousand dollars. Possession of four or more ounces of cannabis is a felony punishable by a minimum of two years imprisonment with a maximum fine of ten thousand dollars. Not only is marijuana illegal in the state of Texas, but possession of paraphernalia is also a misdemeanor punishable by a maximum fine of five hundred dollars. The sale of paraphernalia in Texas is a misdemeanor punishable by one year in prison and a maximum fine of four thousand dollars. 

Contact Midland County Drug Defense Lawyers

If you have been charged with the possession of drugs, it is crucial to obtain legal help. A defense attorney is instrumental in understanding your rights in relation to a drug possession charge and can negotiate with prosecutors on your behalf. In consequence, a skilled attorney could possibly minimize the criminal penalties surrounding drug possession. 

The State of Texas takes crimes against children very seriously. Prosecutors tend to aggressively prosecute those accused of possessing, creating, selling, or distributing media content depicting children under 18 in a sexual manner. The crime of possessing child pornography is serious enough that, in addition to whatever criminal punishments a convicted perpetrator faces, it merits a lifetime registry on the Texas self-offender list, leading to permanent social, professional, and residential consequences. 

Life for persons convicted of Texas child pornography laws is not easy. If you have been charged with violating child pornography laws, it is essential to retain the services of a criminal defense attorney who can help you construct a strong defense. 

How Can the Police Find Evidence of Child Pornography? 

Law enforcement has many tools at their disposal to discover child pornography. Deleting files, emails, or texts is not a fail-safe way of guaranteeing you will not get caught. Once law enforcement has probable cause that an individual is in possession of child pornography, they may get a search warrant that allows them to: 

Starting on the first of September 2021, Texans could begin carrying handguns openly or concealed without training or possessing a concealed carry license if they are over age 21. While this reduced the potential for criminal charges for what many would consider to be standard behavior for gun owners, there are still plenty of potential pitfalls when it comes to incorrectly possessing firearms in the state of Texas. 

This is especially true considering that the deal the Senate made to allow permit-free handgun carrying increased the criminal penalties for felons and family violence offenders who have a weapon in their possession. If you are facing criminal weapons charges, get help from an experienced Austin criminal defense attorney right away. 

Unlawfully Carrying a Weapon in Texas 

There are still many circumstances when owning, storing, or handling a weapon is illegal in Texas. Unlawfully carrying a weapon happens when someone: 

Originally published: August 24, 2020 -- Updated: June 14, 2022

Update: In addition to the law described below, which makes it illegal to send unsolicited and unwanted photos to someone else online, people should also be aware that it is illegal to post intimate pictures or videos of others online without their consent. This is commonly known as “revenge porn,” and violating this law is considered a sex crime in Texas.

The applicable law specifically prohibits the unlawful disclosure or promotion of intimate visual material. Applicable materials may include photos, videos, or other depictions of a person’s intimate parts being exposed or engaging in sexual conduct, and these materials must have been obtained with the expectation that they would remain private. If the disclosure of these materials, such as by posting them online, would reveal the person’s identity and cause them to suffer harm, the person who shared the images or videos may be charged with a crime. It is also a crime to threaten to share these types of materials in order to obtain benefits from another person.