Texas statute
Tex. Code Crim. Proc. art. 38.51 — Evidence in prosecution for organized retail theft
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 38: EVIDENCE IN CRIMINAL ACTIONS, Texas Code of Criminal Procedure.
Full text of Tex. Code Crim. Proc. art. 38.51
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
(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.
Official sources
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