POSS MAN/DISTR INSTR TO COMMIT RETAIL THEFTTexas Penal Code (PC) § 31.15
“POSS MAN/DISTR INSTR TO COMMIT RETAIL THEFT” stands for Possession, Manufacture or Distribution of an Instrument to Commit Retail Theft, a Class A misdemeanor under Texas Penal Code (PC) § 31.15. It is punishable by up to 1 year in county jail and a fine up to $4,000.
Below: how these cases end in Texas courts, how long they take, and the punishment.
What does “POSS MAN/DISTR INSTR TO COMMIT RETAIL THEFT” mean?
“POSS MAN/DISTR INSTR TO COMMIT RETAIL THEFT” stands for Possession, Manufacture or Distribution of an Instrument to Commit Retail Theft, a Class A misdemeanor under Texas PC § 31.15.
Texas Penal Code § 31.15 targets the tools of organized shoplifting; the courthouse abbreviation 'MAN/DISTR INSTR' stands for manufacture or distribution of an instrument. A person commits the offense by possessing, manufacturing, or distributing a shielding or deactivation instrument with the intent to use it to commit theft, or knowing that someone else intends to use it to commit theft. A shielding or deactivation instrument is an item or tool designed to prevent retail theft detectors from sensing stolen merchandise — foil-lined 'booster bags' are the classic example — or to facilitate the removal of a security tag or sensor attached to merchandise. The State must prove both the act of possession, manufacture, or distribution and the accompanying theft-related intent or knowledge; possessing such an item without the theft purpose is not an offense under this statute.
What usually happens to a POSS MAN/DISTR INSTR TO COMMIT RETAIL THEFT charge?
58% ended without a conviction, 8% in deferred adjudication and 34% in a conviction.
How 77 resolved POSS MAN/DISTR INSTR TO COMMIT RETAIL THEFT charges filed 2019–2023 ended, across 10 counties (Brazoria, Collin, Comal, Dallas, Denton, FortBend, Galveston, Hays, Travis, Williamson):
Outcome is the final disposition recorded on the charge. “Other” (0) covers waived counts, bond forfeitures, transfers and unrecorded outcomes. Bexar County records disposition dates but not outcomes, so it counts toward time-to-disposition only. Tarrant County criminal records are not in this dataset.
How long does a POSS MAN/DISTR INSTR TO COMMIT RETAIL THEFT case take to resolve?
Typically about 9 months: half of resolved cases closed within 272 days of filing.
Across 77 resolved POSS MAN/DISTR INSTR TO COMMIT RETAIL THEFT charges filed 2019–2023, the median time from filing to disposition was 272 days. The middle half took between 134 and 421 days.
Time depends on the county's docket, whether the case is set for trial, and plea negotiations.
How did real POSS MAN/DISTR INSTR TO COMMIT RETAIL THEFT cases end?
Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.
Ended without a conviction
Deferred adjudication
Ended in a conviction
What is the punishment for Possession, Manufacture or Distribution of an Instrument to Commit Retail Theft in Texas?
Up to 1 year in county jail and a fine up to $4,000.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| Class A misdemeanor | Up to 1 year in county jail | Fine up to $4,000 | Penal Code § 12.21 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
How much is bail for POSS MAN/DISTR INSTR TO COMMIT RETAIL THEFT in Texas?
The median bail is $2,500, and 9% of defendants were released on a personal bond.
Across 993 Texas bail settings for this charge (7 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $2,500 (middle half: $1,000 – $5,000). 9% of defendants were released on a personal bond, and bail was denied in 36 cases. When this was the only charge at booking (63 records), the median was $3,000 and 14% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Collin | 212 | $2,000 | $1,000 – $3,625 | 2% | 0% |
| Fort Bend | 197 | $2,250 | $1,000 – $5,000 | 14% | 6% |
| Tarrant | 172 | $1,000 | $750 – $2,500 | 10% | 3% |
| Travis | 59 | $3,500 | $2,750 – $5,500 | 14% | 0% |
| Dallas | 57 | $2,000 | $1,000 – $3,500 | 4% | 2% |
Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.
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Find a Defense AttorneyBail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.