Texas § 38.51 EVIDENCE IN PROSECUTION FOR ORGANIZED RETAIL THEFT.

Texas Statutes

§ 38.51 — EVIDENCE IN PROSECUTION FOR ORGANIZED RETAIL THEFT.

Texas § 38.51

Code CRCode of Criminal Procedure

This text of Texas § 38.51 (EVIDENCE IN PROSECUTION FOR ORGANIZED RETAIL THEFT.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Code of Criminal Procedure Code Ann. § 38.51 (2026).

Text

Art. 38.51. EVIDENCE IN PROSECUTION FOR ORGANIZED RETAIL THEFT.

(a)In this article, "merchant" and "retail merchandise" have the meanings assigned by Section 31.01 , Penal Code.

(b)In the prosecution of an offense under Section 31.16 , Penal Code:

(1)if issues of intent, knowledge, and whether the defendant was acting in concert with one or more other persons are raised by the defendant's plea of not guilty, evidence that the defendant has participated in any theft offense, other than a theft offense that forms the basis of the offense under Section 31.16 , Penal Code, on which the prosecution is based, is admissible:

(A)for the purpose of showing intent or knowledge; or

(B)as evidence that the defendant was acting in concert with one or more other persons;

(2)the unaltered price tag

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Art. 38.51. EVIDENCE IN PROSECUTION FOR ORGANIZED RETAIL THEFT. (a) In this article, "merchant" and "retail merchandise" have the meanings assigned by Section 31.01 , Penal Code.
(b) In the prosecution of an offense under Section 31.16 , Penal Code:
(1) if issues of intent, knowledge, and whether the defendant was acting in concert with one or more other persons are raised by the defendant's plea of not guilty, evidence that the defendant has participated in any theft offense, other than a theft offense that forms the basis of the offense under Section 31.16 , Penal Code, on which the prosecution is based, is admissible:
(A) for the purpose of showing intent or knowledge; or
(B) as evidence that the defendant was acting in concert with one or more other persons;
(2) the unaltered price tag or other marking on retail merchandise identifying the price of the retail merchandise is prima facie evidence of the value of the retail merchandise for purposes of Section 31.08 (a-1), Penal Code; and
(3) a price tag or other marking described by Subdivision (2) that identifies or is unique to a merchant is prima facie evidence of the merchant's ownership of the retail merchandise.