THEFT OFFENDER AND TEXAS THEFT LAWS

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cevagregorycounselingonline2012
TOPICS FOR STUDY
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 Impact on Society
 DEFINITION OF THEFT
 Types of Minor Theft
MISDEMEANORS Vs INFRACTIONS
Felonies
as burglary, assault and battery, arson, rape, grand theft, or vandalism on
federal property.
Other Types of Fraud / Theft Charges
First Offense vs. Repeat Offense
 OFFICE OF DISTRICT ATTORNEY
Texas Theft/Shoplifting Laws: Criminal Charges and Penalties
Civil Penalties for Shoplifting
TOPICS FOR STUDY
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Penalties for Theft in Texas
Navy & Marine Disqualifications, Nationality ACT,
RCW 4.24.230, Parents fined
Types of Offender’s Mental Disorders
Types of Thieves and the Reasons behind Stealing
MORAL DILEMMA
Let's look at your point-of-view with the five R's that behavior scientists state that
keeps you in denial and unaware of your need for change.
Self Talk
DSM-IV-TR GENERAL DIAGNOSIS
IMPULSE CONTROL DISORDER, PERSONALITY DISORDERS
Heteronomy
Empathy
Emotional Intelligence
Process out of Crime
YOUR HUMAN IDENTITIES CREATE YOUR REALITY.
What skills do I need to work on?
MY PERSONAL TRANSITIONAL PLAN
Parent’s Speak
Objectives
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Participants completing a Theft offender and Texas Theft Laws will score 70 on a locally-developed
examination.
Participants will summarize in writing about the impact of theft acts upon Society.
Participants will define and give examples of the terms Theft, Minor Theft and Felonies.
Given a set of theft crimes data, participants will correctly classify the penalties for each theft crime.
After reading the material, participants will state the names of the District Attorney for Harris and
Beaux Counties.
Participates will explain in writing the civil penalties for shoplifting.
After reading the material, participates will identify in writing the Navy/Marine Disqualifications,
Nationality ACT, and RCW 4.24.230, parents fined.
Participates will describe in writing the types of offenders’ mental disorders.
Participates will explain in writing self-talk, DSM-IV-TR general diagnosis of impulse control disorder
and personality disorders.
Participates will define in writing the terms heteronomy, empathy, emotional intelligence.
After reading the material, Participates will write a one page essay on how to process out of crime.
Disclaimer
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 Disclaimer:
All content within this site is provided for general information only. It
should not be treated as a substitute for the medical advice of your own
doctor or health care professional. The owners of this site are not
responsible or liable for any diagnosis made by a user based on the
content of the evagregorycounselingonline website. The owner is not
liable for the contents of any external internet sites listed, nor does it
endorse any commercial product or service mentioned or advised on in
this or any linked site. Always consult your own Doctor if you are
concerned about your health.
Hard economic times provide a convenient excuse for those
already inclined to steal. It is just telling yourself a rational lie.
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RESEARCH ON SHOPLIFTING OFFENDERS
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On the average, an individual has experienced one-hundred and fifty shoplifting
incidents before the offender’s apprehension and police action. Shoplifting is one
of the most common but least detected and reported crime. A research company
developed this information by following individuals and actually catching
offenders stealing. Other information was acquired by subjective surveys
completed by individuals about shopping and stealing.
People appear to have fewer inhibitions about stealing from department stores
and retail chain stores.
One of our clients, Elle states she grew so brazen that she did not believe the
signs in Macy’s around the dressing room indicating that you are on camera. She
got caught and arrested two days in a row for cutting tags off of clothing.
Robin used the shopping bag the store provides to aid her while committing her
theft acts. She walks in with an empty Hermes or Prada shopping bag. In addition
to filching all manner of clothing from Macy’s or Dillard’s, she would grab endless
amounts of beauty supplies and stuff those in her bags as well. Her third arrest
resulted in court mandated treatment for alcoholism and shoplifting. Being on
probation and aware that any violation would send her to jail keeps her fairly
focused.
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IMPACT ON SOCIETY
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 Society & Lifestyle:
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 Families have to pay more for food, clothes and other necessities. Families are
in harms way because of offenders following them home from the mall,
bursting into their homes, robbing a store while they are shopping, etc.
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Why do ordinarily honest and conscientious people think that it is okay to
take things from a hotel without paying for them? That is why the hotel has the
name of the hotel on towels, bathrobes, ashtrays, bed linens, etc.
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Shampoo and lotion bottles: While some hotels may consider taking these as
stealing, do you say “these are put here for the guest’s use and if you don’t use
them there, why can’t I take them home?”
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Do you ever steal the batteries out of the TV remote?
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 What impact does this have business?
 •Companies lose 18 billion dollars annually as the result of
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shoplifting cases.
•In Harris County in 2010, eight out of ten court cases for
shoplifting occurred in Wal-mart.
•Shoplifting causes one-third of all new companies to fail.
•Each family in the United States pays an extra $900.00 annually for
goods and services to subsidize losses from shoplifting.
•SHOPLIFTING IS A CRIME THAT AFFECTS
•ALL CONSUMERS.
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 The financial burden is upon the business owners to prevent loss of
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merchandise by theft. This one factor brought about change in
management of inventory and employees. Through education, business
owners developed ways of monitoring suspicious activity in manageable
ways. Employees were trained to keep a watchful eye on customers and
store exits. Employees at a Wal-Mart store made a discovery about one
of their fire exits. An organized theft ring of four males would come to
the store and distract employees and move large flat screen TVs out of
the fire exit to a waiting pickup truck. The men had offended four or five
times. They were living at Up-Town Suites motel near this Wal-Mart
store.
New rules were set-up about the sales process of electronics. An
employee takes the merchandise to a certain cashier for processing the
sale. Employees that stock the merchandise are required to attach antitheft merchandise tags that only employees can remove.
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 Your Environment as the Merchant sets
How do you react to the “self-scan” check-out counters?
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Do You Steal From The Self-Checkout?
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In discussion of the post "A Rant on the Self-Checkout," there seems to be a
popular debate over stealing from the self-checkout lanes. Do self-checkout
lanes increase your desire to steal merchandise? Have you ever done it? Would
you ever do it?
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 Defining Want & Need…. Should an individual steal if they are unemployed?
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Want: An overwhelming desire for….
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Mind-set gives you a perception that you are lacking.
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Need: not being able to maintain life – necessity – clean age appropriate
clothing, food, water, medicine.
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 Why do honest people steal?
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The answers to the question, “Why do honest people steal?” usually
include one or more of the following factors:
1. The person may have reacted by stealing to some traumatic event
which occurred just prior to the act of theft;
2. The individual did not cope adequately with the traumatic event;
3. The traumatic event involved some personally meaningful loss;
4. In childhood, the theft offender experienced serious and unusual
stressors and major personal losses.
How can we assess the degree to which the theft behavior is “atypical”
as opposed to a person who steals as a career. Should the judge see fit to
express qualities of mercy and compassion?
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Food Theft by College Student
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 Hungry Student Allegedly Boosts 12-Piece Chicken Nugget
Meal from Bulldog Café
 A 21-year-old UGA student was caught around lunchtime on Tuesday,
November 16, as he allegedly attempted to leave the Bulldog Café
without paying for $5 worth of chicken nuggets. Staff stopped him
before he could leave and he agreed to pay for the food.
 The young man has been barred for a year from all University Food
Services locations. He was sent the barring notice after the incident.
 In an interview with the Red & Black, the hungry 21-year-old said he
attempted the food theft because of economic pressures and expressed
the need for more campus aid for needy students.
Broke vs. Having to Steal to Eat
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 Everyone talks about the broke college student, but there's a line
between being broke and having to steal to eat," he told the Red &
Black. "There's a certain point where you realize you haven't eaten in 24
hours and start thinking about where you can get food.
 "I'm already taking out all of the financial aid and Pell Grant and loan
money I can. I personally would like to see something for needy
students on campus."
 He also he was surprised to be barred from the University's food outlets
since he had apologized and paid for the food. Nevertheless, he is
grateful that the food theft will be handled as a student offense instead
of forwarded to the police. "I would say my only concern is if that would
show up on my record while applying to jobs."
can i also have this minor theft charge removed from my record?
HELPP!!
and also if i wanted to apply for a visa would the charges put me at
risk of not geting
15 a visa? HELPP!
 Employers are becoming more aware of the potential risks of hiring
employees without doing a thorough background on them first. Ask
yourself this, if you were a business owner would you hire someone you
knew had stolen from another company?
You don't mention your age, so as far as getting the charge removed,
your only real option (in some states) is if you attend petty larceny
school the charge is dropped from your record. The bad news is, this
doesn't always mean the actual conviction doesn't still show up.
As for a visa, again, it's possible it could affect your application. No
country wants to let a known thief or criminal in anymore than a
business owner wants to hire one.
DEFINITION OF THEFT
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 The actus reus of theft is usually defined as an unauthorized taking,
keeping or using of another's property which must be accompanied by a
mens rea of dishonesty and/or the intent to permanently deprive the
owner or the person with rightful possession of that property or its use.
 For example, if X goes to a restaurant and, by mistake, takes Y's scarf
instead of her own, she has physically deprived Y of the use of the
property (which is the actus reus) but the mistake prevents X from
forming the mens rea (i.e., because she believes that she is the owner,
she is not dishonest and does not intend to deprive the "owner" of it) so
no crime has been committed at this point. But if she realizes the
mistake when she gets home and could return the scarf to Y, she will
steal the scarf if she dishonestly keeps it (see theft by finding). Note
that there may be civil liability for the torts of trespass to chattels or
conversion in either eventuality.
TYPES OF MINOR THEFT
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 Generally, a misdemeanor or minor misdemeanor is considered to be
any infraction punishable by less than one year in jail. While some
countries have erased the line between felony and minor misdemeanor,
the United States (US) still makes the distinction. Jail time for a minor
misdemeanor is typically served in the county or city jail rather than a
state penitentiary. Judges also can use creative sentencing options for
misdemeanors, such as weekends in jail, probation, fines, or
community service time.
 Minor misdemeanor offenses include drug possession, petty theft,
prostitution, simple assault, reckless driving, vandalism, or trespass.
Unlike felonies, misdemeanor convictions do not bring a loss of civil
rights, such as the right to vote. Minor misdemeanors do, however,
bring collateral consequences, such as the loss of a commercial license
or loss of public office. Penalties vary widely from one jurisdiction to
another.
Standards in Jurisdiction
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 A class B misdemeanor is a classification for a crime that is considered
less serious than a felony, and in the mid-range of offenses charged as
misdemeanors. Not all jurisdictions have a designation for class B
misdemeanors but those that do tend to have class A and class C
misdemeanors as well, with A being the most serious and C the least
serious. Punishments for class B misdemeanors may rely on legal
standards in the jurisdiction as well as the circumstances of the crime.
 It is important to note that the way in which misdemeanors are charged
in different areas will affect the applicable punishments. Something
considered a class A misdemeanor in one region may be a class B in
another, or may even be upgraded to a felony. Repeated class B
misdemeanors, such as multiple convictions of driving under the
influence, may bring a higher grade of punishment. To understand the
specific designations of misdemeanors in each region, it is important to
study local law or consult with local legal professionals.
Fees & Sentencing
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 Fees related to this do not normally exceed $500 USD. Some
jurisdictions also categorize a minor misdemeanor offense as a
third degree, or Class C, although not all areas include this additional
tier.
 Judges also can use creative sentencing options for misdemeanors,
such as weekends in jail, probation, fines, or community service time.
Minor misdemeanor offenses include drug possession, petty theft,
prostitution, simple assault, reckless driving, vandalism, or trespass.
Punishing Stage
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A misdemeanor is generally punishable by less than 365 days in jail.
Misdemeanors charges includes minor theft, minor assault, some forms of drug possession, harassment and serious motor vehicle
/ driving violations.
An infraction is usually a “ticket” type of offense where resolution is either paying the fine or appearing in a lower court.
Infractions are not reportable offenses for employment purposes unless the case is escalated into a misdemeanor.
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Acquitted - Non-conviction: The charges against the defendant are dropped.
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Adjudicated Guilty - Conviction: The defendant has been found guilty of the charges.
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Adjudication Withheld - Non-conviction: The court does not give a final judgment regarding the case.
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The defendant is given probation, a program or community service in which they have a specified amount of time to complete. If
the defendant complies, the case may be dismissed, depending on the county/state. If they do not dismiss in that particular
county/state, then the disposition remains adjudication withheld and the case is closed. However, if the defendant is found in
violation, the case disposition may be changed and the defendant can be found in guilt.
Adjudicated Guilty / Delinquent in Juvenile Court
When this charge appears it simply means that the person was adjudicated guilty in a regular court
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found guilty in juvenile court.
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It most likely has nothing to do with juvenile court. That is just the way the statute reads.
Aggregate: Accumulated Amount
ARD Program - Non-conviction: Stands for "Accelerated Rehabilitative Disposition Program". Common in the state of
Pennsylvania. This program given to the defendant in place of adjudication. If the defendant completes the program, the case is
closed.
Misdemeanors vs. Infractions
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 Misdemeanors vs. Infractions
 Although petty theft is ordinarily charged as a misdemeanor, it can also be
charged as an infraction. An infraction is a non-criminal offense, and will
not appear on your criminal record. It is the legal equivalent of a speeding
ticket. Very often, a skilled defense attorney can negotiate a reduction in a
petty theft charge from a misdemeanor to an infraction.
 Civil Compromise
 Often, a petty theft case can be resolved by a "civil compromise." In a civil
compromise, a defendant will agree to pay a negotiated settlement amount
to a store, shop owner, or other victim. The victim of the theft will sign a
legal document stating that they have received restitution for their losses,
and they agree to cease the prosecution. Civil compromise is especially
useful in cases involving theft from private individuals or smaller stores
although it can also be done with larger department stores or chain stores
in certain circumstances.
Felonies are Serious Crimes.
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 In contrast, felonies are serious crimes, such as burglary, assault and
battery, arson, rape, grand theft, or vandalism on federal property. The
punishments for felonies generally are much harsher and the felon's
collateral consequences can include a prohibition against owning
firearms, the loss of voting rights, denial of certain licenses, and the
loss of competence to sit on a jury. In some states, a felony conviction is
even grounds for an uncontested divorce.
Types of Minor Theft
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 Theft charges can range from something relatively minor (like a teen
caught shoplifting a pack of cigarettes) to major white collar crimes like
insurance fraud or embezzlement. The one thing all types of theft
charges have in common is the nature of depriving someone (or a
company) of something, whether that is merchandise or money. To
help you realize the broad scope of potential theft charges you could
find yourself faced with, we've compiled this list of theft types.
 Retail theft charges
This includes minor theft charges like shoplifting or sweethearting
(when cashiers give unauthorized discounts or free merchandise to
people they know), as well as more serious theft charges such as
employee theft or robbery.
Minor Theft
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 Credit Card Fraud
With theft charges related to credit card fraud, the thief either steals
someone's physical credit card or their credit card information (credit card
number, expiration date, name, and security code). The extent of the theft
charges can depend on how that stolen credit card information is used.
 Bad Check Theft
When you intentionally issue a bad check for a product or service, that's
also subject to theft charges. You're getting the product or service fully
knowing that you can't pay for it.
 Identity Theft Charges
Identity theft is heavily tied to credit card fraud. Often, when someone
steals an identity (getting a social security number, name, address, etc.),
they'll use it to open new, unauthorized credit cards where they have no
intention of paying the bill. Basically, they charge items under someone
else's name, expecting to leave them with the debt, and instead leaving
themselves facing serious theft charges.
Minor Theft
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 Burglary Theft Charges
Burglary involves breaking into someone's home or business to steal
something (they might steal products, supplies, or even information).
Think of the traditional scene of a home being robbed and looted for
electronics, jewelry, and other valuable items.
 Larceny Charges
Larceny is a type of physical theft charge, often tied to crimes like
burglary. Larceny (or grand larceny depending on the value of the items
stolen) simply means that someone physically took a tangible item
without authorization, had control over it, and moved it. For example,
if someone grabbed a designer handbag off the arm of a woman on the
street and ran away with it, that would constitute larceny and bring on
theft charges. So would entering someone's home, taking their
television, and driving away with it.
Minor Theft
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 Insurance Fraud
Insurance fraud theft charges are where the perpetrator lies to try to
solicit undeserved money from insurance companies (such as saying an
insured piece of artwork was stolen, when they've actually hidden it).
 Embezzlement Charges
Embezzlement theft charges usually happens when employees (or
contractors) steal funds from those they work for. For example, an
executive might control a portion of the budget which is supposed to go
towards building contractors. They may misuse that allotted budget by
cutting corners (such as authorizing cheaper materials) and then
pocket the extra money (or transfer it to a dummy account of their
own). Embezzlement theft charges can occur at either the state or
federal level.
Other Types of Fraud
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 Other Types of Fraud / Theft Charges
Credit card holders and insurance companies aren't the only potential
fraud victims out there. You can also face theft charges for other types
of fraud. For example, Ponzi schemes (shuffling money around to make
investments appear profitable so you can secure even more investors)
are hardly taken lightly.
THEFT IS STILL THEFT
AND PUNISHABLE BY LAW.
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MONETARY VALUE < $500.
Petty theft is considered a pretty minor offense, but it is still theft and still
punishable by law. It can be a stain on your record and may cost you further down
the line, especially when trying to get a new job.
Examples of petty theft include shoplifting, bicycle theft, or stealing other "minor"
items from a residence when lawfully allowed to be there (otherwise it would be
burglary).
Petty theft is classified as theft of an item or items with a total monetary value under
the amount of $500. Anything more than $500 is considered grand theft, in which
case the charges will be significantly more serious.
First Offense vs. Repeat Offense
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 First Offense vs. Repeat Offense
 While every state has different laws regarding petty theft, they all come close to the
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same guidelines.
A first offense is always going to be treated more lightly than someone who is a
repeat offender, whether it is petty theft or not. A judge is more likely to give the
maximum penalty to someone who didn't learn his or her lesson the first time.
First Offense Options
Deferred judgment or diversion has become an option in many states when it comes
to petty theft.
If you have never been convicted of petty theft, or a similar crime, and have never
participated in a diversion or deferred judgment program, you may be eligible.
Deferred Judgment Program
A diversion or deferred judgment program will have the charges dropped under the
stipulation that you do not commit another crime in the course of your determined
probation period. While you'll still be responsible for paying court fees and fines,
one of these programs will keep the charge of petty theft off your permanent record.
Jurisdiction Requirements
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 If you qualify for diversion or deferred judgment you will first be
responsible to pay all fines and fees required by the court. By entering
one of these programs you are also agreeing to waive your
constitutional rights to a formal arraignment and a jury trial on the
petty theft charges against you.
 Jurisdiction Requirements
 Most jurisdictions will require you to attend and successfully complete
a correction counseling program related to your offense, whether it is
shoplifting, etc.
You will also be responsible for making full restitution to the victim in
your petty theft case. During the time of your petty theft probation you
are not allowed to violate the laws of any city, state, or of the United
States.
 The judge in your petty theft case has the authority to enter any other
conditions he or she deems appropriate to your specific case.
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 Forget about probation for theft charges. Forget about Club Fed for
those theft charges too. When it comes to theft charges, members of the
public and prosecutors alike are tired of white collar criminals getting
off with little more than a slap on the wrist. Corporate corruption
scandals in recent years have resulted in increased attention, and those
facing theft charges are being made examples of. Will you be next?
 Those theft charges may land you in jail and saddle you with six figure
fines. Theft charges could ruin your life. Instead it's important that you
fully understand the theft charges against you.
DISTRICT ATTORNEY
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 OFFICE OF DISTRICT ATTORNEY
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HARRIS COUNTY, TEXAS
PATRICIA R. RYKOS
Embezzlement Penalties and prosecution are the responsibility of
the office of District Attorney and Judge.
The Check Fraud Division of the District Attorney’s Office is
responsible for investigating and prosecution of the offense of theft
by check.
The cases that can ordinarily be handled by the Check Fraud Division
without the necessity of a police report are those in which a person writes his or
her own check in exchange for goods, services or cash, and in which the victim
can identify that person. This includes bad checks given for child
support
DISTRICT ATTORNEY
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“No one wants or asks to become
a victim of crime. But, should it
happen to you, it is important that
you feel comfortable with the criminal
justice system. My office sets a priority
on giving you all the information you
need and supporting you through the
system. I hope this information is helpful
and please contact the victim assistance
division with any questions.”
SUSAN D. REED
Bexar County Criminal District Attorney
 Suite 5010
300 Dolorosa
5th Floor
 San Antonio, TX 78205-3030
 Phone: work(210) 220-2311
 Fax: fax(210) 220-2436
Texas Minor Theft
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 Texas Theft/Shoplifting Laws: Criminal Charges and Penalties
 Theft is a broad criminal charge in Texas that includes a range of offenses
from shoplifting and larceny to bouncing checks to buying stolen
property. The punishments generally depend on the value of the stolen
item, and can be as little as a fine or as serious as prison time in extreme
cases.
 The Texas Penal Code defines theft as taking someone else’s property
without consent, either by deception or by physically stealing it. You don’t
have to keep the property for it to be considered theft, but only long enough
to deprive the owner of its value. And, if you take something, then return it
for a reward, that is also theft under Texas law.
 To charge you with theft, the police need to show that you acted with
criminal intent, meaning you knew the property belonged to someone
else and knew you didn’t have their permission to take it, and that you
actually have or had possession of the property. They can do by that
using physical evidence, such as security camera video in a shoplifting case,
or by statements from a witness, an accomplice, or you.
Misdemeanor or Felony Theft
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 The four most common ways to commit misdemeanor theft or felony theft in
Texas are these:
 1. Shoplifting – Taking items out of a store with the deliberate intention of
not paying the store for the full value of the item. This includes taking, say, a
shirt and leaving with it, or switching the tag on an expensive shirt with the tag
on a less expensive one and paying the lower price at checkout.
 2. Bad Checks – Paying for an item on a closed account or an account that
does not enough money to cover the amount of the check. If the check is
written on a closed account, that alone is evidence of theft under Texas criminal
law. If the check bounces, and you do not reimburse the merchant within 10
days of notification, then that is evidence of theft under the law.
 3. General Theft – Taking an item that belongs to someone else by any means
when you do not have permission. Examples of this include taking a woman’s
purse from her shopping cart when her back is turned, stealing copper from a
construction site, or stealing $20 from the cash register at work.
Misdemeanor or Felony Theft
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 4. Buying/Accepting Stolen Property – Taking possession of an item when
you know the person selling or giving it to you is not the rightful owner. If you
know a friend shoplifted an item from a store, then passed the item on to you,
you have committed theft known as receiving stolen property by taking it,
whether you paid for it or it was a gift.
 Other common theft charges include embezzlement, and theft of services,
which is the stealing of something that isn’t a physical item. This charge also
may be related to fraud or bad checks.
More Serious
Felony Offenses….
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 Wrongful appropriation of motor vehicle; joyriding; driving
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motor vehicle without owner's consent (if intent is to
permanently deprive owner of vehicle, consider as grand larceny
under felony offenses listed separately).
NOTE: Consider offenses of comparable seriousness as serious
offenses. In doubtful cases, apply the following rule:
If the maximum confinement under state or local law exceeds 6months or is equal to or less than 1-year, treat offense as a
serious offense.
NOTE: If the conviction/adverse adjudication is not listed in the
uniform guide list for typical offenses then federal, state, or local
laws apply for enlistment purposes.
Two or more serious offenses require a waiver. Six or more
serious offenses are disqualifying, and no waiver is authorized.
Texas Penalties
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 Penalties for Theft in Texas
 The punishment for the criminal charge of theft in Texas is relative to
the value of the item stolen. Obviously, the more value the item has, the
higher the penalty for taking it. And if it is more than one item, all the
values are added together for the purposes of punishment.
 For example, you may be charged with shoplifting five DVDs.
Individually, they may be worth about $20 each. But added together,
the total of the theft is $100, and that raises the seriousness of the
punishment.
Texas Penalties for Theft
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 Penalties for Theft
 Amount- Classification – Penalties - Less than $50, or less than $20 if by
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check, Class C misdemeanor. A fine of not more than $500, $50 or more
but less than $500, or $20 or more but less than $500 if by check.
Class B misdemeanor Not more than 180 days in a county jail and/or a
fine of not more than $2,000 - $500 or more but less than $1,500.
Class A misdemeanor: Not more than 1 year in a county jail and/or a fine of
not more than $4,000 - $1,500 or more but less than $20,000, State jail
felony 180 days to 2 years in a state jail and/or a fine of not more than
$10,000 - $20,000 or more but less than $100,000.
Third-degree felony 2 to 10 years in a state prison and/or a fine of not more
than $10,000 - $100,000 or more but less than $200,000.
Second-degree felony 2 to 20 years in a state prison and/or a fine of not
more than $10,000 - $200,000 or more.
First-degree felony: 5 to 99 years in a state prison and/or a fine of not
more than $10,000.
Punishments Enhanced
40
 Those punishments can also be enhanced under certain conditions. For
example, Class B and C misdemeanor theft charges increase one level if
you have a previous theft conviction, and a Class A misdemeanor
becomes a state jail felony if you have two previous theft convictions.
 Also, the theft of some items such as firearms, or metals such as copper
or aluminum are felonies, no matter the actual value of the items.
 Shoplifting charges also automatically become more serious if you are
caught using tools to defeat theft prevention devices, or if you are
charged with organized retail theft, meaning you were working with
others to steal items for profit.
Minor Theft = Permanent Criminal Record
41
 However, in all likelihood, if you are charged with simple theft by
shoplifting and are convicted or enter a plea, you probably will receive
only community service and fines, as long as the value is low and it’s a
first or second offense. However, you are still stuck with a permanent
criminal record which may never go away.
 The fact of a permanent, public criminal record is the reason why most
people hire a shoplifting defense attorney to fight the charges. Avoiding
a criminal record in the internet age can save you tremendous
headaches in the future. It could prevent you from getting a job,
a scholarship, or worse.
Civil Penalties
42
 Civil Penalties for Shoplifting
 The criminal shoplifting record for a conviction might not be the end of
it, either.
 A conviction for the criminal charge of theft frequently includes
restitution to the victim, but Texas also has the Texas Theft Liability
Act. This civil law allows the victims of theft to sue for damages and is
separate from the criminal case.
 The suits are typically used in shoplifting cases. The store will send you
a letter demanding that you pay the value of the stolen item, as well as
costs related to recovery. The law allows the victim to collect actual
damages, plus up to $1,000 against an individual or actual damages,
plus up to $5,000 against the parents or guardians if the
accused shoplifter is a minor.
RCW 4.24.230, Parents fined.
43
 If the store is going to pursue a civil fine against you, it would be as follows:
RCW 4.24.230
(2) The parent or legal guardian having the custody of an unemancipated
minor who takes possession of any goods, wares, or merchandise displayed
or offered for sale by any wholesale or retail store or other mercantile
establishment without the consent of the owner or seller and with the
intention of converting such goods, wares, or merchandise to his own use
without having paid the purchase price thereof, shall be liable as a
penalty to the owner or seller for the retail value of such goods,
wares, or merchandise not to exceed five hundred dollars plus
an additional penalty of not less than one hundred dollars nor
more than two hundred dollars, plus all reasonable attorney's
fees and court costs expended by the owner or seller.....
Navy & Marine Disqualifications
44






United States Navy and Marine Corps
Criminal History Disqualifications
Serious Offenses
Regardless of state or local law, for enlistment purposes, the following offenses fall into the Category of Serious
Offenses:
Adultery.
Assault consummated by battery.
Carrying concealed weapon; possession of brass knuckles.
Check, worthless, making or uttering, with intent to defraud or deceive ($500 or less).
Child pornography offenses.
Conspiring to commit misdemeanor.
Contempt of court (includes non-payment of child support or alimony required by court order).
Contributing to delinquency of minor (includes purchase of alcoholic beverages).
Criminal trespass
Desecration of grave.
Discharging firearm through carelessness or within municipal limits.
Driving while drunk, impaired, intoxicated, or under the influence of alcohol or drugs.
Failure to stop and render aid after accident.
Indecent, insulting, or obscene language communicated directly or by telephone.
Leaving scene of accident (hit and run) involving no personal injury and property damage is under
$500.
Looting.
Navy & Marine Disqualifications
45


Petty larceny; embezzlement (value $500 or less).
Stolen property, knowingly receiving (value $500 or less).

Theft, shoplifting (value $500 or less). (If under age 16 and value is $100 or less,
treat as class 2 minor non-traffic offense).

Possession of marijuana under 30 grams or steroids (requires District waiver)
Prostitution/Solicitation.
Reckless driving (when fine assessed is $201 or more).
Removing property under lien.
Removing property from public grounds.
Resisting arrest, fleeing and eluding.
Selling, leasing, or transferring weapons to minor or unauthorized individual.
Slander.
Shooting from highway or on public road.
Inadmissible to United States
46

Section 212 of the Immigration and Nationality Act lists various
> grounds upon which a person can be found "inadmissible" to the United
> States. These provisions can affect one's application for a
> nonimmigrant (temporary) or immigrant (permanent) visa at a consulate;
> when a person arrives at a U.S. Port of Entry and applies to enter the
> country; or when a person files an Application for Adjustment of
> Status (Form I-485), which is the final stage of the green card
> process when applying from within the U.S. To obtain any of these
> immigration benefits, one must be admissible to the U.S.
>
> Among the various grounds of inadmissibility in Section 212, there are
> criminal grounds under 212(a)(2). One of these grounds is if the
> person is convicted of, or admits to having committed a "crime
> involving moral turpitude." The issue of what crimes involve moral
> turpitude is not always clear, and the definition of that term has
> evolved over the years through case law. However,
it is established
> that theft offenses are often crimes of moral turpitude under the law.
> Therefore, committing even a minor theft can have serious
> consequences.
>
Nationality ACT
47
 > The law provides a limited exception for very minor crimes, however,
> the availability of this exception depends upon the possible (not
> actual) maximum jail sentence allowed under state law for the crime,
> as well as the actual sentence the person receives. Therefore, it is
> erroneous to assume that if one avoids actual time in jail the crime
> is insignificant in immigration cases.
>
> The exception is sometimes termed the "petty offense exception." The
> criteria are that the maximum penalty under the particular criminal
> law is no more than a year in jail and the sentence actually imposed
> was not more than six months in jail. If one meets these criteria, the
> bar to inadmissibility may not apply after all. That is, the
> application would not be denied on criminal grounds. However, since
> the charge of petty theft includes, in many states, theft up to
> amounts of $500, or even greater, the maximum possible penalty can
> often exceed one year.
Nationality ACT
48
 This means that one who steals a pack of gum
> may be charged under the same provision of the criminal law as one who
> steals a much more valuable item. While it would be unlikely that such
> a person would not spend any substantial time in jail, if the jail
> time of over one year is possible under the provisions of the law for
> that offense, then the person could not use the petty offence
> exception.
>
> Note that even a suspended sentence is considered a jail sentence. A
> suspended sentence is one that does not have to be served, provided
> the defendant complies with conditions imposed by the court. A person
> could have a three-year sentence, for example, but the sentence could
> be suspended on the condition that a period of probation is completed.
> In such a case, one may be under the mistaken impression that there is
> no jail sentence, since s/he has never gone to jail. It is necessary
> to read the court documents very carefully.
Types of Thieves and the Reasons behind Stealing
49
 Types of Thieves and the Reasons behind Stealing
 Thieves are in similar categories as compulsive shoppers. Since
most of us are impulsive shoppers, it will be easier for us to vision
the different categories. The individuals who get a “high” when
shopping are the classic compulsive spenders and if we secure
merchandise without paying for it, we are call the “thrill seeker”
theft offender.
 Trophy and collector shoppers can be compared to the professional
thieves who plan and shoplift purely for profit.
 The bargain shopper is driven by “need” regardless of income. The
impoverished offender perceives that he/she needs to steal to
survive. They do not explore resources and issues of pride prevent
them for asking for help.
 It is tempting to put morality on a shelf during tough times but do
not let yourself justify it.
Types of Offender’s Mental Disorders
50
 A variety of methods and techniques are employed to deliver social skills training
however effective methods are systemic therapies which address communication
skills among the whole family, peer or social groups. These approaches have proven
successful best they entail actually developing (or redeveloping) positive
relationships between the child or adolescent and other people. Methods used in
social skills training include modeling, role-playing, corrective feedback and
reinforcement systems.
• Antisocial Personality Disorder: Lack of regard for the moral or legal standards in
the local culture, marked inability to get along with others or abide by societal rules.
Sometimes called psychopaths or sociopaths.
• Avoidant Personality Disorder: Marked social inhibition, feelings of inadequacy,
and extremely sensitive to criticism.
• Borderline Personality Disorder: Lack of one's own identity, with rapid changes in
mood, intense unstable interpersonal relationships, marked impulsively, instability
in affect and in self image.
• Dependent Personality Disorder: Extreme need of other people, to a point where
the person is unable to make any decisions or take an independent stand on his or
her own. Fear of separation and submissive behavior. Marked lack of decisiveness
and self-confidence.
Offenders May Suffer PERSONALITY DISORDERS
 Impulse Control Disorders are often present in a number of

 There are a large number of less frequently occurring impulse
specific personality disorders, primarily borderline, anti-social,
narcissistic, and histrionic. Impulsivity in the form of risktaking behaviors, sexual promiscuity, gestures and threats of
self-harm and other attention-seeking behaviors. They are less
prevalent in avoidant, dependant, obsessive compulsive
personality and other disorder types.
control disorders that do not fit the five categories under the
general diagnosis. The five categories under the general
diagnosis are trichotillomania, intermittent explosive disorder,
pathological gambling, kleptomania, pyromania. The less
frequently occurring impulse control disorders are listed under
"NOS" - not otherwise specified.

51
Offenders May Suffer Mental Disorder
52
 Antisocial Personality Disorder (or APD as it is sometimes known) is a
condition in which people show a persistent disregard for the law and
the rights of other people. Sufferers of antisocial personality disorder
may tend to lie, steal and have trouble fulfilling job or parenting
responsibilities. Society will sometimes use the sociopath and
psychopath to describe someone with antisocial personality disorder.
 Antisocial personality disorder (abbreviated APD or ASPD) is a
psychiatric diagnosis in the DSM-IV-TR recognizable by the disordered
individual's disregard for social rules and norms, impulsive behavior,
and indifference to the rights and feelings of others.
Offenders May Suffer Mental Disorder
53
 Personality disorders such as APD are not illnesses in a strict sense as
they do not disrupt emotional, intellectual, or perceptual functioning.
However, those with personality disorders suffer a life that is not
positive, proactive, or fulfilling. Not surprisingly, personality disorders
are also associated with failures to reach potential.
 Early adolescence is a critical time for the development of antisocial
personality disorder with people who have grown up in an abusive or
neglectful environment thought to be at higher risk of suffering
antisocial personality disorder. High levels of antisocial behavior are
considered a clinical disorder. Young children may exhibit hostility
towards authority and as a result be diagnosed with oppositional
defiant disorder. Older children may lie, steal, or engage in violent
behaviors leading towards a diagnosis of conduct disorder. A minority
of children with conduct disorder whose behavior doesn’t improve as
they mature will go on to develop adult antisocial personality disorder.
antisocial personality - Chronic Condition
54
 Although the diagnosis is limited to those persons over eighteen years
of age, adults who suffer from the disorder were usually typically
demonstrated behavioral problems as identified above well before the
age of 15. The individual often displays a pattern of lying, truancy,
delinquency, substance abuse, running away from home and may have
difficulty with the law Men are affected by antisocial personality
disorder at a rate three times more than women; with the affliction
much more prevalent in the prison population than in the general
population.
Antisocial personality disorder is a chronic condition. It represents one
of the most difficult personality disorders to treat, however,
psychotherapy and some medications may help alleviate symptoms. In
many cases, the symptoms of antisocial personality disorder decrease
as the person reaches middle age.

Symptoms
55
 SYMPTOMS
The signs and symptoms include:
1. Lack of concern regarding the rules of society and societal
expectations.
2. Repeated violations of the rights of others.
3. Unlawful behavior.
4. Lack of regard for honesty and the truth
5. Neglecting or abusing children.
6. Inability to hold down employment
7. Frequent changes of job through quitting and / or being terminated
8. Tendencies toward physical aggression and extreme irritability.
9. Being deceitful, as indicated by repeated lying, use of aliases, or
conning others for personal profit or pleasure.
Exercise
56
 Exercise





What thoughts brought you to the decision to commit your act of theft?
Write an one page essay and discuss with the counselor this week.
E-MAIL YOUR
ESSAY TO
[email protected]
A MORAL DECLINE
STEALING IS A CHOICE!
57
QUITTING YOUR THEFT CAREER
Did you grow up in less than desirable home as a child?
How did your family of origin teach you about how to deal
with emotions and how to communicate your needs and
feelings to others? Have you found yourself fighting or
arguing a lot? Do you tend58to conflict a great deal with
others? Does your desire to steal come out only in certain
situations such as with relationships but not at work? Or
is it the opposite with you?
LET'S LOOK AT YOUR POINT-OF-VIEW WITH
THE FIVE R'S THAT BEHAVIOR SCIENTISTS
STATE THAT KEEPS YOU IN DENIAL AND
UNAWARE OF YOUR NEED FOR CHANGE. THE
FIRST "R" IS REVELING. WHAT IS
REVELING? THIS MEANS THAT YOU ARE
NOT ONLY UNAWARE OF THE PROBLEM, YOU
ARE EXALTING IN THE BEHAVIOR. THE
PARTY IS ON! YOU ENJOY STEALING AND
SEE IT AS A POSITIVE THING. YOU
CELEBRATE WHAT YOU ARE DOING AND
CANNOT IMAGINE WHY OTHERS CANNOT SEE
THE BENEFITS OF YOUR BEHAVIOR. YOUR
ENTHUSIASM BLINDS YOU TO THE
POSSIBILITY THAT STEALING MIGHT CAUSE
YOU SOME PROBLEMS IN LIFE.
 The second "R" is reluctance. You find yourself
procrastinating once you decide that you will never steal
again. Change is scary and somewhat intimidating. You are
used to getting away with stealing and are sure that you will
never get caught. It is a comfortable lifestyle for you.
 The third "R" is rebellion. You enjoy being anti-social. You
rebel against change even when you want to make the change.
You often respond to even self-imposed behavioral changes
with the same ferocity you feel when someone tells you to do
something.
59
The fourth "R" is resignation. You may feel resigned to
current state of things. You may feel attempting to
change is useless. Your fear of another failure raises its
ugly head and causes you to surrender before you
begin. You believe that other people can change but for
you it is too late. What change have you made in order
to change a behavior after several attempts?
60
Rational Lies in your self-talk.
 The fifth "R" is rationalization. You may come up with some
creative ways to talk yourself out of making changes. You
may have a friend who drinks too much. You may have heard
that friend say "You'd drink too if you had my job".
Rationalization is self-talk designed to convince yourself that
your old behavior is okay. The on and on justifications for
your behavior is okay has been keeping you from change.
Rationalize is to tell "Rational-Lies". You are trying to
convince yourself that you are doing okay.

61
psychiatric disorders under the
DSM-IV-TR
 Theft, shoplifting and stealing can be an impulse control
disorder. The AMA (American Medical Association) uses a
guideline for impulse control disorders. Impulse control
disorders are a specific group of impulsive behaviors that
have been accepted as psychiatric disorders under the DSMIV-TR. The impulsive behaviors refer to violent behavior,
sexual behavior, gambling behavior, fire starting, stealing,
and self-abusive behaviors. But it is very important to
distinguish between the diagnosis and the impulsive act. The
impulsive act is a criminal behavior. The diagnosis is a
psychiatric condition. A psychotherapist would give you a
DSM-IV-TR code for the impulsive behavior disorder. The
DA (District Attorney) would charge you with the criminal
behavior (the impulsive act).
62
Explanation of Personality Disorders
63
 Histrionic Personality Disorder: Exaggerated and often inappropriate
displays of emotional reactions, approaching theatricality, in everyday
behavior. Sudden and rapidly shifting emotion expressions.
• Narcissistic Personality Disorder: Behavior or a fantasy of grandiosity,
a lack of empathy, a need to be admired by others, an inability to see
the viewpoints of others, and hypersensitive to the opinions of others.
• Obsessive-Compulsive Personality Disorder: Characterized by
perfectionism and inflexibility; preoccupation with uncontrollable
patterns of thought and action.
• Paranoid Personality Disorder: Marked distrust of others, including
the belief, without reason, that others are exploiting, harming, or trying
to deceive him or her; lack of trust; belief of others' betrayal; belief in
hidden meanings; unforgiving and grudge holding.
Antisocial Personality Diagnosis
64
 When diagnosing Antisocial Personality Disorder, it is usual to find that
the characteristics of the person themselves don’t regard their behavior
as problematic.
Antisocial personality disorder, demonstrated by adolescents, may be
diagnosed by a family physician or pediatrician or school counselor. As
an adult, social workers, psychiatrists or psychologist may diagnose the
condition. Diagnosis in a child requires a comprehensive evaluation of
the child that will ideally include interviews with the child and parents,
a full social and medical history, review of educational records, a
cognitive evaluation, and a psychiatric exam.
Impulsivity
65
 Impulsivity is a tendency to act quickly without thinking about the
consequences of your actions. Impulsive behavior usually occurs in
reaction to some event that has caused you to have some kind of
emotional response.
 For example, imagine you are waiting in line at the bank and someone
cuts in front of you. If you were to act on an impulse, you might
immediately behave aggressively toward that person (e.g., yelling, or
even becoming violent), without thinking about the consequence of this
kind of behavior (e.g., being escorted out of the bank or even arrested).
 It is important to note that occasional impulsive behavior is not
necessarily indicative of a diagnosis of BPD. Everyone acts impulsively
from time to time. Only when this type of behavior becomes either
frequent or serious (e.g., dangerous), is it considered problematic.
Examples of Impulsive Behaviors
66
 Some examples of impulsive behaviors include:
 Going on spending sprees
 Driving recklessly
 Promiscuous sex
 Binge eating
 Yelling, shouting, or screaming at others
 Threatening to harm others
 Destroying property
 Shoplifting
 Getting in physical fights with people.
Five categories under the general diagnosis
 Impulse Control Disorders are often present in a number of

 There are a large number of less frequently occurring impulse
specific personality disorders, primarily borderline, anti-social,
narcissistic, and histrionic. Impulsivity in the form of risktaking behaviors, sexual promiscuity, gestures and threats of
self-harm and other attention-seeking behaviors. They are less
prevalent in avoidant, dependant, obsessive compulsive
personality and other disorder types.
control disorders that do not fit the five categories under the
general diagnosis. The five categories under the general
diagnosis are trichotillomania, intermittent explosive disorder,
pathological gambling, kleptomania, pyromania. The less
frequently occurring impulse control disorders are listed under
"NOS" - not otherwise specified.

67
Impulsive behavior nos
 Most impulsive behaviors under NOS can be corrected with behavior

 Another factor to consider with impulsive behavior is an individual's
modification and cognitive behavior therapy. Cognitive behavior helps
you focus upon your thought patterns and what thoughts prompt your
behaviors. Changing your thoughts will change your behaviors. With
behavior modification, an individual will learn strategies for changing
undesirable behaviors. Also an individual acquires structure and alerts
to help you remember the strategies.
moral development and education. Children examine the rules of a
game. A fair rule is one that is in the game. Jean Piaget is among the
first psychologists whose work remains directly relevant to
contemporary theories of moral development. In his early writing, he
focused specifically on the moral lives of children, studying the way
children play games in order to learn more about children's beliefs
about right and wrong. Based on his observations of children's
application of rules when playing, Piaget determined that morality can
be considered a developmental process. From his observations, Piaget
concluded that children begin in a "heteronomous" stage of moral
reasoning, characterized by a strict adherence to rules and duties, and
obedience to authority.
68
Heteronomy

This heteronomy results from two factors. The primary factor is the young child's
cognitive structure. According to Piaget, the thinking of young children is
characterized by egocentrism. That is to say that young children are unable to
simultaneously take into account their own view of things with the perspective of
someone else. This egocentrism leads children to project their own thoughts and
wishes onto others. It is also associated with the un-directional view of rules and
power associated with heteronomous moral thought, and various forms of "moral
realism." Moral realism is associated with "objective responsibility", which is
valuing the letter of the law above the purpose of the law. This is why young
children are more concerned about the outcomes of actions rather than the
intentions of the person doing the act. Moral realism is also associated with the
young child's belief in "immanent justice." This is the expectation that
punishments automatically follow acts of wrong-doing. Piaget rejected the belief
that children simply learn and internalize the norms for a group; he believed
individuals define morality individually through their struggles to arrive at fair
solutions. In other words, an individual needs opportunities for personal
discovery through problem solving to learn moral development, rather than
indoctrinating individuals with norms. This approach is premised in the idea that
virtues and vices are the basis to moral behavior, or that moral character is
comprised of a "bag of virtues", such as honesty, kindness, patience, strength and
includes empathy.
69
Empathy
 Empathy is to identify with another's feelings. It is to

 If you have never felt a certain feeling, it will be hard for you
emotionally put yourself in the place of another. The ability
to empathize is directly dependent on your ability to feel your
own feelings and identify them.
to understand how another person is feeling. This holds
equally true for pleasure and pain. If, for example, you have
never put your hand in a flame, you will not know the pain of
fire. If you have not experienced sexual passion, you will not
understand its power. Similarly, if you have never felt
rebellious or defiant, you will not understand those feelings.
Reading about a feeling and intellectually knowing about it is
very different than actually experiencing it for yourself.
70
Emotional Intelligence
 Among those with an equal level of innate emotional intelligence, the
person who has actually experienced the widest range and variety of
feelings--the great depths of depression and the heights of fulfillment,
for example--is the one who is most able to empathize with the greatest
number of people from all walks of life. On the other hand, when we say
that someone "can't relate" to other people, it is likely because they have
not experienced, acknowledged or accepted many feelings of their own.

 Once you have felt discriminated against, for example, it is much easier
to relate with someone else who has been discriminated against. our
innate emotional intelligence gives us the ability to quickly recall those
instances and form associations when we encounter discrimination
again. We then can use the "reliving" of those emotions to guide our
thinking and actions. This is one of the ways nature slowly evolves
towards a higher level of survival. In other words, over time, awareness
of our own feelings may lead us to treat others in a more pro-survival
way.

71
Process out of Crime
 For this process to work, the first step is that we must be able

 Next, we need to become aware of what we are actually
to experience our own emotions. This means we must be
open to them and not distract ourselves from them or try to
numb ourselves from our feelings through drugs, alcohol,
stealing, etc.
feeling--to acknowledge, identify, and accept our feelings.
Only then can we empathize with others. That is one reason
it is important to work on your own emotional awareness and
sensitivity--in other words, to be "in touch with" your
feelings.

72
Sense of Conscience
 Those who are not in tough with their own feelings are not
likely to have a sense of conscience. They may feel no
remorse, no guilt for causing harm to others. As could be
expected, studies show that such people are unlikely to
respond to rehabilitation.

 One thing which could easily cause a person to lose touch
with his own feelings and to lose his natural sense of
conscience is an extremely painful childhood and
adolescence. Such people have experienced so much pain
that they shut themselves from it. This pain may have come
from physical, sexual or emotional abuse. The end result
though is similar. They do not experience their own pain, so
they have no compassion for the pain of another. Nor do they
have any empathy.
73
Defense from psychological pain
 They are also likely to be extremely needy. In other words,
they have many deep, unmet emotional needs. As adults,
they will have developed elaborate defense mechanisms in an
attempt to block the pain coming from both these unmet
needs and from the guilt they would feel if they allowed
themselves to feel.

 Sigmund Freud, one of the founders of American Psychiatric
Association, helped us see, attempts to defend our brains
from psychological pain usually involve the cognitive parts of
the brain. For example, common defenses are
rationalization, justification, denial, intellectualization,
moralizing, preaching, proselytizing, self-righteousness,
projection, suppression, etc.
74
75
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
VALUES
VALUES……
WHAT YOU BELIEVE IN
WHAT YOU THINK IS IMPORTANT
RULES FOR LIVING…..
HONESTY

Two Set of Values are maintained by offenders. The importance of staying out of
jail and not stealing collides with overwhelming need and the second set of values
are revealed.

The components of criminal values are:
>Criminal Planning
>Perceived Benefits Of your act of theft.
>Above the Law—”I want get caught”
>Victim Stance –I deserve it because I have never had the opportunities that
others have.

>Tunnel Vision—Lack of honesty.




Barriers to your stinking thinking
76
 Topic One: Barriers to your stinking thinking.

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

“Stinking thinking” is circular thinking. You ask a question and give yourself an
answer with a question in order to serve your interest.
“Who says it is wrong to steal? Don’t my friends talk about the things they take?
Didn’t Dr. Phil have a couple on his show that earns $100,000. annually? They
never have gotten caught. They take their children when they do their acts of theft.
Problem solve your situation and wants….
1. What would happen if you did not have this item?
2. What difference would it make in your life one-year from now?
Problem Solve:
1. Identify the problem.
2. Brainstorm the alternatives and resources you have in solving the problem.
3. Choose the solution that will bring you the most positive outcome
77
 Now deal with your Impulsive Behavior…..







Visualize a Stop Sign.
Stop violating others and yourself.
S = stop
T = examine your
thoughts—what is illogical?
O = observe the situation. Each situation has only a short season.
P = plan a positive outcome for yourself.
The power of thinking..
78
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Research shows that it is people’s thinking or SELF-TALK (what you are
continually telling yourself) that ultimately controls YOUR feelings and actions.
If you have a Theft Charge, then face up to your faulty thinking or self –talk.
YOUR HUMAN IDENTITIES CREATE YOUR REALITY.
Thoughts = feelings
Feelings = action
Actions = habits
Habits = beliefs
Beliefs = similar beliefs
Thoughts + feelings + actions + beliefs + habits = DESTINY.
Inventory of Personal Skills
79
 What skills do I need to work on?

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____Trusting others.
____ Making friends/Keeping friends.
____ Keeping track of appointments
____ budgeting/savings
____ eating healthy
____ taking care of my health
____ talking about my feelings
____ organizing my time
 10/6/
Transitional Plan
80
 MY PERSONAL TRANSITIONAL PLAN

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
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Goal 1:__________________________________
Goal 2:_________________________________
Goal 3:_________________________________
◦Task #1:____________________________
◦Task #2:____________________________
◦Task #3:____________________________
Task Completed.
Date Completed
Parent’s Speak
81


Although my daughter has been in therapy for many years, recently she has initiated a change
to a less frequent and more intense therapy. It is helping her steady her life in general but I am
not sure it is addressing underlying issues per se. Seems sometimes kids can't do that - they
need help coping with the present. My experience is that letting the consequences fall hard for
the destructive behaviors -- no rescuing ! -- helps (even somewhat dispassionately -- in our case
I tried to respond with minimal drama -- she had to pay reparations to the store, go to youth
court, will have to do community service, has to go with me to the drug ed class and submit to
random testing -- i.e. consequence that are imposed not just by me but that have institutional
support from the outside - youth court, etc -- its is a response from the real world, not just a
parent thing). This helps, while at the same time continuing to be loving, structured, and trying
hard not to take the episodes of this kind of behavior personally or emotionally -- all this does
help.
A very hard thing is to fully accept the complexity of the situation -- which you seem to have
already done -- that the kid IS wonderful, one does love them and they love back and STILL can
act in ways one finds outrageous (and which can indeed be dangerous to them) because of their
past wounds. I have been told that stealing is not at all uncommon for older adoption kids and
they often take from the people they love. Youth court does have a "stealing education class" -- I
don't know much more about it but it was mentioned at our preliminary youth court hearing. I
can try to get more information about it when we go back for the formal hearing later this week
and post the info for you here. But if it is anything like the drug ed class we have been doing it
might be helpful -- the drug awareness class is very helpful - even if one already "knows" the
information -- the experience of going over it with other people ( other adolescents and their
families) can be very moving and productive. Finally, seek support from other parents dealing
with kids who have had these tough early experiences - because it is just different, in some
ways, from normal parenting. I hope some of this might be helpful -- good luck and courage.
Parent’s Speak
82
 We had a somewhat similar situation with our daughter. In all
other ways she was a 'good kid' doing well in school, no
drugs/sex etc but at 13 she began stealing from stores
compulsively. I wanted to have her visit a courtroom procedure
for juveniles or juvenile hall so that she could see the serious
consequences of what she was doing. These options weren't
possible so what I finally ended up doing is calling Berkeley
Police to ask if they could 'scare her straight'. We went in
together and an officer talked with her about shoplifting and its
consequences. He had her go home and write an essay on what
she wanted to achieve in life and then met with her again n one
week to discuss the essay. They were very respectful and the
method worked. Unlike your step-sister, our daughter never
stole from other people but you may want to try this technique if
you catch her stealing from stores. We also made her go in and
return the things that she stole from the stores.
Parent’s Speak
83

Has your child been caught stealing from you or someone else? Have you found him using your credit card for
online gaming, taking money from your wallet without asking, or even taking big ticket items from the house?
The anger, disappointment, and lack of trust you feel can be destructive for your relationship.



Are you the child—redefined as pre-teen, teen, young adult?
Your family will show anger, disappointment and will have lack of trust of you. It will take years to rebuild
what your actions of theft have destroyed.
My oldest (adopted) son has been stealing anything and everything from us,
other family members, the school, complete strangers, stores, etc for as
long as we've had him. It isn't just money, or valuables though...it's often
completely random stuff that he would have NO USE for whatsoever! My
makeup, my jewelry, broken plastic, razor blades, valuable antique coins,
nails, batteries, string, money (of course) and really the list goes on and on.
He has been doing this (in our home anyway) since he was 6 years old. He is
now 11 almost 12. It has gotten worse as he's become more clever and
sneaky and we don't know what to do. Every counselor we have ever talked
with has told us that this behavior may not change until he is either 40
years old or in jail. I don't want that to happen! And I will loose my mind
WAY before he is 40. The suggestions here are fine for normal stealing
behavior. My child has severe kleptomania and it is only getting worse...
Read more: http://www.empoweringparents.com/is-your-child-stealing.php#ixzz20ifdvXwQ
Parent’s Speak
84
 My foster daughter, who is now an adult, came to live with me
when she was 6 after a very difficult early childhood. Her early
deprivation left her with a number of troubling behaviors,
including stealing. She stole from our home, from guests, from
school. I also tried everything, but nothing particularly worked
except her growing out of it (after developing more serious
problems, like substance abuse, in adolescence). I don't think
any special therapy is necessary, as this could take some years to
deal with. My daughter did eventually go to work, get her own
money and have a pretty normal life. The one piece of advice I
could offer around parental response is: don't concentrate on
trying to control or change the stealing behavior; just stay with
your normal consequences and structures. I came to take
preventative measures of not leaving cash around, etc. I think
some of these behaviors are a form of testing: kids who have
been mistreated want to know if they are still loved when they
act out. Good luck.
Parent’s Speak
85
 Compulsive stealing was one of the worst aspects of my
daughter's behavior problems that our therapist told us arose
from incomplete attachment. It was worst in her elementary
years, but I remember that she took things even as a
preschooler. They just don't call it stealing until the kid gets
older. With a lot of the behavior that comes with incomplete
attachment, behavioral therapy worked very well - especially
since we went as a family. But not for the stealing. Our
therapist just kept telling us that she would have to grow out
of it, and probably as the attachment issues were resolved, it
would die away. This seems to be the case. She went to
therapy individually during the hideous middle school years,
and now that she's in high school she's much more mature
and in control of her behavior, and she doesn't steal.
Citations
86


Sources:
American Psychiatric Association. Diagnostic and statistical manual of
mental disorders, 4th ed, text revision. Washington, DC, Author, 2000.
 Linehan, MM. "Cognitive-Behavioral Treatment of Borderline Personality
Disorder." New York: Guilford, 1993.
 Moeller, FG, Barratt, ES, Dougherty, DM, Schmidt, JM, Swann, AC.
"Psychiatric Aspects of Impulsivity." American Journal of Psychiatry
158:1783-1793, November 2001.
 Davis, Joe, CPP, Director of Loss prevention &Operations Strategy, (2002)
Wal-Mart Report.

Glekner, Kauyn, (2009), gatekeepers.com.

Martinez, Liz, (2006 & 2007), LOSS PREVENTION THROUGH
ENVIRONMENTAL DESIGN; EMERGING TRENDS IN RETAIL THEFT &
LOST PREVENTION.
87
Moore, Michelle and Rock, (2004) CREATE A BLUEPRINT FOR
SUCCESS,

ISBN-1-4120-3660-7.

Lifescript Healthy Living for Women, Tina Vasque, (January 09,
2008), COMMON TRAITS OF SELF-CENTERED PERSON.

McGraw, Dr. Phil, (1998), LIFE STRATEGIES, doing what works,
doing what matters.

National Retail Federation Loss Prevention Releases (2002 to
current) nationalretailfederation.com.

Peterson, Virgil W., (1997), WHY DO HONEST PEOPLE STEAL,
Chicago Crime Commission.

88

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

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

Phillips, E. L. & Wiener, D. N. (1966), Short-term psychotherapy
and structured behavior change, New York, McGraw-Hill.
Sennewald, Chuck and Christman, John, (2007), RETAIL CRIME,
SECURITY & LOSS PREVENTION.
Texas Retailers Association Releases(2002-current), 504 W. 12
St., Austin, TX 78701 (512-472-8261).
TIME, Bruce Crumley/Paris, (November 11, 2009), RECESSION
SPARKS GLOBAL SHOPLIFTING SPREE.
University of Florida, (2007), RETAIN SECURITY SURVEY.
Personal research done by Mrs. Gregory in Houston, San Antonio
and Austin, TX.
Many thanks to the clients that have vented their issues about stealing.
Thanks to my students in Klein ISD for giving me insight into the learning
process. Thanks to my mentors, Dr. Grace England, Klein ISD; Dr. Richard
Crisman; Dr. Donald Paquin and Dr. Raymond Johnson for being my mentors
and molding my professional being.
EINSTEIN QUOTE
89
 EINSTEIN QUOTE:

"A human being is a part of the whole, called by us "Universe," a
part limited in time and space. He experiences himself, his
thoughts, and feelings as something separated from the rest, a kind
of optical delusion of his consciousness. This delusion is a kind of
prison for us, restricting us to our personal desires and to affection
for a few persons nearest to us. Our task must be to free ourselves
from this prison by widening our circle of compassion to embrace
all living creatures and the whole nature in its beauty. Nobody is
able to achieve this completely, but the striving for such
achievement is in itself a part of the liberation and a foundation for
inner security.”

THEFT OFFENDER AND TEXAS THEFT LAWS

Transcription

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