Under Texas Penal Code 30.03, an individual commits burglary of a coin-operated or coin-collection machine if they engage in the following without the consent of the owner of the machine in question:
- Break and enter into any type of coin-collection machine or coin-operated machine,
- Had the intent to obtain property or a service of some type from the interior of the machine.
One of the main goals of an individual who breaks and enters a coin-operated machine would be to access the coins inside and steal them. An individual may also desire to steal food or beverages from a vending machine or other type of service that might be available from the machine.
If an individual has any questions about burglary of a coin machine in Texas, they should consult with a Texas attorney.
What Is Burglary?
Generally, the crime of burglary is defined as breaking and entering into a structure with the intent to commit a felony inside that structure. Typically, burglary is connected with breaking and entering into buildings and residences.
In the State of Texas, an individual can be charged with burglarizing a coin-collection machine or coin-operated machine. A coin-operated machine or coin-collection receptacle should be used to provide lawful amusement, sales of goods or services, other things of value, or telecommunications.
In order to be charged with a crime, the individual who breaks into this type of machine must have the intent to obtain property or services. Coin-operated machines include vending machines that sell food or beverages when an individual inserts money into them, as well as other coin-operated machines. For example, washers and dryers at a laundromat or games in a gaming arcade.
A coin-operated machine operates using coins or paper currency and sells goods, services, or some type of entertainment to individuals.
What Does “Entry” Refer to in a Breaking and Entering Crime in Texas?
In breaking and entering offenses in Texas, the term entry refers to any type of entry that occurs when the owner has not provided consent to that entry. In other words, the individual is not authorized to enter.
For example, if the perpetrator is not authorized to open a coin-operated washer or dryer at a laundromat to retrieve the coins that customers have deposited in the machines. An individual may need to legally do this in order to retrieve the coins and deposit them in the owner’s bank account for legitimate business purposes.
However, if an individual does so illegally to commit a burglary, they break open the machine, possibly by force, open it, and steal the money that is inside. It is important to note that the perpetrator is not required to cause damage to the machine while breaking into it or attempting to break into it.
In addition, the perpetrator does not have to actually steal anything. The offense is completed if the perpetrator attempts to gain entry into the machine without the owner’s consent with the intent to take property, such as money, or, possibly, a service that is inside.
Is This Crime the Same as Burglary of a Building?
No, the crime of burglary of a coin machine only applies to breaking and entering a coin-operated machine. Other laws in Texas apply to other forms of breaking and entering, for example, breaking and entering into a residence or commercial building.
Are There Any Defenses to Burglary of a Coin Machine?
Yes, there may be some defenses available to burglary of a coin machine, depending on the circumstances of a case, including:
- Factual innocence: A defendant may claim that they did not, in fact, commit the crime and they are innocent. The defendant would have to explain how they came to be wrongly identified as the perpetrator of the crime;
- Involuntary intoxication: Intoxication is defined in Texas law as a disturbance of an individual’s normal mental or physical capacity attributable to their ingestion of alcohol or other controlled substance;
- Voluntary intoxication is not a defense to criminal activity;
- However, involuntary intoxication may be a valid defense to a crime that requires proof of a guilty mental state or criminal intent. Burglary is a crime that requires proof of a criminal intent;
- Involuntary intoxication may be a defense to a charge of burglary of a coin machine. A defendant could claim that they were involuntarily intoxicated if they had been tricked into consuming alcohol or a controlled substance;
- Consent of the owner: The success of this defense requires presentation of evidence that the owner of the machine had given the defendant consent to break into and enter the machine; and
- Duress: In the State of Texas, duress is an affirmative defense to a crime. The perpetrator may have committed a criminal act because another individual credibly threatened them or credibly threatened another individual with imminent death or serious bodily injury. In that case the defendant may claim duress;
- The defense of duress is available only when the crime charged is not a felony. Burglary of a coin-operated machine is a misdemeanor, so the defense of duress may be available;
- The defendant would have to prove they committed the crime only because another individual compelled them to do it by the use of force or the threat of force; and
- The duress defense is not available if the defendant knowingly, recklessly, or intentionally put themselves in a situation in which they were likely to be subjected to the duress.
Is Burglarizing a Coin-Operated Machine a Felony?
A first-time offense of burglary of a coin-operated machine is a Class A misdemeanor in Texas, not a felony offense.
What Is the Punishment for Burglary of a Coin-Operated Machine?
In Texas, a conviction for burglarizing a coin-operated machine may be punished by:
- Up to one year in a county jail;
- A fine of up to $4,000;
- Both a fine and jail time.
Another possible punishment for this offense is being required to pay restitution. Restitution is commonly ordered when an individual commits a crime that results in property damage or other types of economic loss.
A defendant could be ordered to pay restitution. If so, they must pay a specific amount of money to compensate the victim for the loss of property they caused or other expenses connected to the damage they caused. Restitution is ordered in addition to any criminal fines or jail time that are imposed upon the defendant.
Probation is another possible punishment for a defendant convicted of coin machine burglary. Typically, probation is ordered for a period of 12 months, but it may be longer.
A court will typically require an individual on probation to comply with various terms, for example:
- Maintaining employment;
- Not committing more crimes;
- Reporting to a probation officer;
- Paying any fines; and
- Restitution, if it is required.
Additionally, the defendant may be required to complete community service hours. Violating probation may result in additional penalties, such as additional fines or jail time.
Should I Talk to a Lawyer Regarding Breaking Into a Coin Machine?
If you have been charged with burglarizing a coin machine in Texas, it is in your best interest to consult with a Texas burglary lawyer. You may think that since this is a misdemeanor offense, it is a minor issue, but this is not correct.
Any type of criminal conviction, whether a misdemeanor or a felony, may have a negative impact on your life and your future. Your lawyer can explain the laws in Texas and determine what defenses you may be able to use. They can also negotiate with the prosecution and represent you during court appearances.
