From the Texas Penal Code Sec. 31.03. THEFT. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (b) Appropriation of property is unlawful if: (1) it is without the owner's effective consent; (2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or (3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another. ---------------- I'm not a lawyer and this is not legal advice. In short, you must have the criminal culpability mind state of knowing that it was stolen in order to be considered to be theft. I know this won't answer your question but may help guide you in your friend's decision.