Texas Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion

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A trespass to personal property is t he use of someone's property without person. A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft.

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FAQ

Today, most theft crimes in Texas are consolidated under Texas Penal Code 31.03, including theft by conversion. The statute defines theft as unlawfully appropriating property with the intent to deprive the owner of the property.

Penalties for Conversion In some jurisdictions, conversion involving property of low value might be charged as a misdemeanor, while instances involving high-value property might be charged as a felony. Penalties can range from fines and community service to imprisonment.

Today, most theft crimes in Texas are consolidated under Texas Penal Code 31.03, including theft by conversion. The statute defines theft as unlawfully appropriating property with the intent to deprive the owner of the property.

A conversion of personal property occurs upon the unauthorized and wrongful assumption and exercise of dominion and control over the personal property of another to the exclusion of, or inconsistent with, the owner's rights. Pipes v. Hemingway, 358 S.W. 3d 438, 449-50 (Tex.

A conversion of personal property occurs upon the unauthorized and wrongful assumption and exercise of dominion and control over the personal property of another to the exclusion of, or inconsistent with, the owner's rights. Pipes v. Hemingway, 358 S.W. 3d 438, 449-50 (Tex.

Defenses that are normally advanced for conversion are: Abandonment of property by plaintiff. Authority of law. Consent or approval of plaintiff.

To establish a claim for conversion of property, a plaintiff must prove that (1) the plaintiff owned or had possession of the property or entitlement to possession; (2) the defendant unlawfully and without authorization assumed and exercised dominion or control over the property to the exclusion of, or inconsistent ...

31.03. THEFT. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.

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Texas Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion