Legal Question in Criminal Law in Texas
Theft of less then $10.00
What are the theft policies for HEB.
Can a minor be arrested even though he offered to pay for part of the items he had in hand.
1 Answer from Attorneys
Re: Theft of less then $10.00
Under the Texas Penal Code, theft is defined as appropriating property, without the effective consent of the owner, with the intent to permanently deprive the owner of the property. If someone picks up items at HEB with the intent to steal them, is caught, then offers to pay, that does not change that person's original intent to deprive HEB of the property without paying for it.
Consequently, your fact situation describes a completed theft. If HEB wanted to prosecute the case, the county prosecutor would probably accept it. My recommendation is for the person to immediately retain a qualified criminal defense lawyer to assist in evaluating the case and possible defensive issues.
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