Robbery, Burglary & Theft in Texas
Uniform Crime Reporting (UCR) in the U.S. has been around for a long time and is administered by the FBI. The Victoria Police Department and thousands of other law enforcement agencies report crime data to the FBI via the National Incident Based Reporting System (NIBRIS) using their definitions shown here.
The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.
Note - this is considered a violent crime against another person. It is often a violent type of theft in that it is committed in the presence of a victim(s), and in which the victim fears for their safety. Example: A store employee is forced at gunpoint, or knifepoint, to hand over the money
Burglary (Breaking or Entering)
The unlawful entry of a structure to commit a felony or a theft. Attempted forcible entry is included.
Note: Usually, a victim is not present during the commission of a burglary. Example: A person comes home from work to discover an open door/window and personal items such as jewelry and electronics missing.
The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Examples are thefts of bicycles, motor vehicle parts and accessories, shoplifting, pocket-picking, or the stealing of any property or article that is not taken by force and violence or by fraud. Attempted thefts are included. Embezzlement, confidence games, forgery, check fraud, etc, are excluded.
Note: These would be other criminal acts.
Definitions From the Texas Penal Code
Robbery - Texas Penal Code Section 2902, defines this as:
- (a) A person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he:
- (1) intentionally, knowingly, or recklessly causes bodily injury to another; or
- (2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.
- (b) An offense under this section is a felony of the second degree.
Aggravated Robbery - Texas Penal Code Section 29.03 defines this as:
- (a) A person commits an offense if he commits robbery as defined in Section 2902, and he:
- (1) causes serious bodily injury to another;
- (2) uses or exhibits a deadly weapon; or
- (3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is:
- (A) 65 years of age or older; or
- (B) a disabled person.
- (b) An offense under this section is a felony of the first degree.
Burglary - Texas Penal Code Section 30.02 defines this as:
- (a) A person commits an offense if, without the effective consent of the owner, the person:
- (1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or
- (2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
- (3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.
- (b) For purposes of this section, "enter" means to intrude:
- (1) any part of the body; or
- (2) any physical object connected with the body.
- (c) Except as provided in Subsection (d), an offense under this section is a:
- (1) state jail felony if committed in a building other than a habitation; or
- (2) felony of the second degree if committed in a habitation.
- (d) An offense under this section is a felony of the first degree if:
- (1) the premises are a habitation; and
- (2) any party to the offense entered the habitation with intent to commit a felony other than felony theft or committed or attempted to commit a felony other than felony theft.
Theft - Texas Penal Code 31.03 defines Theft as:
- (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 in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another.
Note: There is much more to the definitions at the Texas Statutes website.