Regardless of value, the property is stolen from the person of another or from a human corpse or grave, including property that is a military grave marker - level of offense?

• A. Class B Misdemeanor
• B. State Jail Felony
• C. Class A Misdemeanor
• D. Capital Felony

Answer: (B)

In Texas law, theft is usually graded by the value of the property, but there are important exceptions where the nature of what’s stolen overrides value. If the property is stolen from the person of another or from a human corpse or grave (including a military grave marker), the offense is classified as a state jail felony regardless of value. This reflects the heightened seriousness of taking from a person or desecrating a grave. A state jail felony carries a punishment range of about 180 days to 2 years in a state jail, with potential fines up to $10,000. So, even a small item stolen from a person or grave fits this level, and not a Class B, Class A, or Capital offense.