In Texas, theft of property worth less than $100 is a Class C misdemeanor, punished by a fine of up to $500 and no jail. Theft of $100 to under $750 is a Class B misdemeanor, punishable by up to 180 days in jail, a fine of up to $2,000, or both. Prior theft convictions and some shoplifting methods raise the class.
This guide reflects Texas law as of October 2026. Laws change, so check the current statute or ask a Texas criminal defense attorney about your case.
How Texas defines theft and shoplifting
Texas has no separate shoplifting crime. Shoplifting is charged as theft under Penal Code §31.03, which makes it an offense to unlawfully appropriate property with intent to deprive the owner of it. Taking property without the owner's effective consent is unlawful appropriation.
Texas theft grades and penalties
As of 2026, §31.03(e) grades theft by value, and Penal Code chapter 12 sets the maximum penalties:
- Class C misdemeanor: less than $100. A fine of up to $500 (§12.23).
- Class B misdemeanor: $100 to under $750, or less than $100 with any prior theft conviction. Up to 180 days in jail, a fine of up to $2,000, or both (§12.22).
- Class A misdemeanor: $750 to under $2,500. Up to 1 year in jail, a fine of up to $4,000, or both (§12.21).
- State jail felony: $2,500 to under $30,000, or less than $2,500 with two or more prior theft convictions. 180 days to 2 years in a state jail, plus a fine of up to $10,000 (§12.35).
Higher values carry higher felony grades. For shoplifting, the charge moves up one class if, during the theft, the person set off a fire exit alarm, kept a fire exit alarm or store theft detector from sounding, or used a shielding or deactivation device to get past a theft detector.
Deferred disposition and deferred adjudication
Texas law gives judges two ways to resolve a theft case without a final conviction:
- Class C, deferred disposition: a justice or municipal judge may defer the case for up to 180 days without finding you guilty (Code of Criminal Procedure art. 45A.302). If you meet the conditions, the complaint is dismissed, there is no final conviction, and the complaint may not be used against you for any purpose (art. 45A.305).
- Class B and above, deferred adjudication: the judge may defer proceedings without adjudicating guilt and place you on deferred adjudication community supervision (art. 42A.101). Theft is not on the list of excluded offenses, and misdemeanor supervision can last up to 2 years. After dismissal it may not be treated as a conviction for disqualifications, but the record is not confidential; you may be able to petition for an order of nondisclosure (art. 42A.106).
Some counties also run pretrial intervention programs under Government Code §76.011, with supervision of up to 2 years. Eligibility is set locally, so ask your attorney or the prosecutor's office.
Do Texas courts require an anti-theft class?
The Texas codes we checked don't require an anti-theft class for every theft case. Judges set it as a condition instead:
- For a Class C deferred disposition, the judge may require a driving safety course "or another course as directed by the judge" (art. 45A.303).
- For community supervision, including deferred adjudication, the judge may impose any reasonable condition, including ones meant to rehabilitate the defendant (art. 42A.301).
Courts call it an anti-theft class, a theft class or a shoplifting class. Our guide to what an anti-theft class is explains what one covers. Before you enroll, confirm that a self-paced online class meets your court's requirement; our Texas anti-theft class page lists the options.
Store civil claims under the Texas Theft Liability Act
A store can also bring a civil claim under the Texas Theft Liability Act. A court can award actual damages plus up to $1,000 in additional damages. Claims against the parents of a child are capped at $5,000 in actual damages.
Whoever wins the suit, store or defendant, is awarded court costs and reasonable attorney's fees. A civil claim is separate from the criminal case; see our guide to shoplifting civil demand letters.