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  1. #1
    Join Date
    May 2008
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    1

    Default What Is Aggregated Theft

    My question involves criminal law for the state of: tx
    what is aggragated theft and what does it entail what degree of a felony is it

  2. #2

    Default Re: What Is Aggregated Theft

    Let's say that you clean my house every Tuesday and Thursday. Each time you come to my home, you steal one of my gold coins. I don't notice until all 104 of them are gone (2 per week times 52 weeks). When I report it to police, they are not about to take 104 separate police reports and the prosecutor isn't going to open 104 separate cases against you. Instead, you'll be charged in aggregate - a total of all of your theft activities against me together over time. So even though the value of one coin might only constitute a misdemeanor, taken together they'd add up to enough to charge you with a felony. If there were other factors, like if I was a senior, the amount needed to make it a felony are less, or felony charges can be brought regardless of value under listed circumstances.

    See Texas statutes:

    31.02. CONSOLIDATION OF THEFT OFFENSES. Theft as
    defined in Section 31.03 constitutes a single offense superseding
    the separate offenses previously known as theft, theft by false
    pretext, conversion by a bailee, theft from the person,
    shoplifting, acquisition of property by threat, swindling,
    swindling by worthless check, embezzlement, extortion, receiving
    or concealing embezzled property, and receiving or concealing
    stolen property.


    31.09. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. When
    amounts are obtained in violation of this chapter pursuant to one
    scheme or continuing course of conduct, whether from the same or
    several sources, the conduct may be considered as one offense and
    the amounts aggregated in determining the grade of the offense.

    You can find a full, and very lengthy, breakdown of what factors (particularly values) that can result in felony charges at:

    http://tlo2.tlc.state.tx.us/statutes/pe.toc.htm

    Read the definitions at the beginning of Chapter 31.
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