Penal Code § 31.15 · Class A misdemeanor

POSS MAN/DISTR INSTR TO COMMIT RETAIL THEFT

Possession of MAN/DISTR Instr to Commit Retail Theft in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.

$2,500
Median cash bail
9%
Released on personal bond
993
Bail records

What “POSS MAN/DISTR INSTR TO COMMIT RETAIL THEFT” means

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.

Charged asShare of bail recordsPossible confinementFineSource
Class A misdemeanor100% 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.

Bail for POSS MAN/DISTR INSTR TO COMMIT RETAIL THEFT in Texas

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.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
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.

Recent POSS MAN/DISTR INSTR TO COMMIT RETAIL THEFT cases

CaseCountyFiledDisposedOutcome
24-03917-5WilliamsonAug 19, 2024Jul 15, 2026Dismissed by the prosecutor
004-82600-2025CollinMar 27, 2025Jul 6, 2026Dismissed by the prosecutor
M-25-33951DallasFeb 5, 2026Jun 29, 2026Dismissed by the prosecutor
003-81868-2026CollinFeb 26, 2026Jun 18, 2026Deferred adjudication
003-81868-2026CollinFeb 26, 2026Jun 18, 2026Deferred adjudication
001-82595-2026CollinMar 16, 2026Jun 11, 2026Guilty or no-contest plea
001-82595-2026CollinMar 16, 2026Jun 11, 2026Guilty or no-contest plea
M-25-33834DallasJan 9, 2026Jun 4, 2026Dismissed by the prosecutor
001-83177-2026CollinApr 6, 2026May 29, 2026Dismissed by the prosecutor
001-83177-2026CollinApr 6, 2026May 29, 2026Dismissed by the prosecutor

Charged with POSS MAN/DISTR INSTR TO COMMIT RETAIL THEFT?

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Bail 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.