Tex. Penal Code § 32.56 — TX Code / Code pe / Chapter 32 / Section 32.56
§ 32.56. UNLAWFUL CONDUCT INVOLVING MAIL RECEPTACLE KEY OR LOCK.
Status: in_force

(a) In this section:

(1) "Mail" has the meaning assigned by Section 31.20.

(2) "Postal service" means:

(A) the United States Postal Service or a contractor of the United States Postal Service; or

(B) any commercial courier that delivers mail.

(b) A person commits an offense if, with the intent to harm or defraud another or to deprive another of that person's property, the person obtains, possesses, duplicates, transfers, or uses a key or lock adopted by a postal service for any box or other authorized receptacle for the deposit or delivery of mail.

(c) An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if it is shown on the trial of the offense that the actor has been previously convicted of an offense under this section.(a) A person commits an offense if, with intent to enter or remain on real property, the person knowingly presents to another person a false, fraudulent, or fictitious document purporting to be a lease agreement, deed, or other instrument conveying real property or an interest in real property.

(b) An offense under this section is a Class A misdemeanor.

(c) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.(a) In this section:

(1) "Cardholder" means a person to whom a physical or virtual gift card is given or any person who purchased the gift card.

(2) "Card issuer" means any person that issues a gift card or the agent of that person with respect to the card.

(3) "Counterfeit gift card" means a gift card that:

(A) purports on the front or back of the card to have been issued by an issuer that did not issue the card;

(B) has been altered to contain a digital imprint other than that which was placed on the card by the issuer;

(C) contains a digital imprint with account or other information differing from that which is printed or embossed on the card by the issuer; or

(D) has been altered to change the account or other information, including an image or code, on the front or back of the card from that which was printed or embossed on the card by the issuer.

(4) "Digital imprint" means the digital data placed on a gift card's magnetic strip or chip.

(5) "Gift card" means a card, code, or device that is issued to a consumer on a prepaid basis in a specified amount and redeemable upon presentation for the purchase of goods or services and that is either activated or inactivated.

(6) "Gift card redemption information" means information unique to each gift card that allows the cardholder to access, transfer, or spend funds on the gift card.

(7) "Gift card seller" means a merchant engaged in the business of selling gift cards to consumers.

(b) A person commits an offense if the person, with the intent to harm or defraud another:

(1) acquires or retains possession of a gift card, a digital imprint, or gift card redemption information without the consent of the cardholder, card issuer, or gift card seller;

(2) alters or tampers with a gift card or gift card packaging;

(3) possesses, transports, uses, or attempts to use a gift card, a digital imprint, or gift card redemption information to obtain goods, services, or anything else of value with knowledge that the gift card is a counterfeit gift card or that the gift card, digital imprint, or gift card redemption information has been obtained in violation of Subdivision (1); or

(4) transports an unactivated gift card into a retail location that sells gift cards and places or attempts to place the gift card on a gift card rack, kiosk, or other display in a manner that would entice the public to purchase the gift card.

(c) If an actor possesses three or more gift cards, counterfeit gift cards, or digital imprints or the gift card redemption information obtained from three or more gift cards, a rebuttable presumption exists that the actor possesses each item without the consent of the cardholder, card issuer, or gift card seller.

(d) The presumption established under Subsection (c) does not apply to a business or other commercial entity or a governmental agency that is engaged in a business activity or governmental function that does not violate a penal law of this state.(a) In this section:

(1) "Artificially generated media" has the meaning assigned by Section 100B.001, Civil Practice and Remedies Code.

(2) "Financial abuse" has the meaning assigned by Section 32.55.

(b) A person commits an offense if the person knowingly engages in financial abuse:

(1) through the use of artificially generated media disseminated to another person; or

(2) by deceiving or manipulating another person into providing personal, financial, or identifying information through e-mail, electronic communication, or other digital means.

(c) An offense under this section is:

(1) a Class B misdemeanor if the value of the property taken, appropriated, obtained, retained, or used is less than $100;

(2) a Class A misdemeanor if the value of the property taken, appropriated, obtained, retained, or used is $100 or more but less than $750;

(3) a state jail felony if the value of the property taken, appropriated, obtained, retained, or used is $750 or more but less than $2,500;

(4) a felony of the third degree if the value of the property taken, appropriated, obtained, retained, or used is $2,500 or more but less than $30,000;

(5) a felony of the second degree if the value of the property taken, appropriated, obtained, retained, or used is $30,000 or more but less than $150,000; and

(6) a felony of the first degree if the value of the property taken, appropriated, obtained, retained, or used is $150,000 or more.

(d) This section does not apply, for content provided by another person, to:

(1) the provider of an interactive computer service, as defined by 47 U.S.C. Section 230(f);

(2) a telecommunications service, as defined by 47 U.S.C. Section 153; or

(3) a radio or television station licensed by the Federal Communications Commission.gift cards, a rebuttable presumption exists that the actor possesses each item without the consent of the cardholder, card issuer, or gift card seller.

(d) The presumption established under Subsection (c) does not apply to a business or other commercial entity or a governmental agency that is engaged in a business activity or governmental function that does not violate a penal law of this state.

(e) An offense under this section is:

(1) a state jail felony if the actor engaged in conduct described by Subsection (b) with respect to fewer than five unactivated gift cards, counterfeit gift cards, or digital imprints or gift card redemption information of gift cards;

(2) a felony of the third degree if the actor engaged in conduct described by Subsection (b) with respect to 5 or more but fewer than 10 unactivated gift cards, counterfeit gift cards, or digital imprints or gift card redemption information of gift cards;

(3) a felony of the second degree if the actor engaged in conduct described by Subsection (b) with respect to 10 or more but fewer than 50 unactivated gift cards, counterfeit gift cards, or digital imprints or gift card redemption information of gift cards; or

(4) a felony of the first degree if the actor engaged in conduct described by Subsection (b) with respect to 50 or more unactivated gift cards, counterfeit gift cards, or digital imprints or gift card redemption information of gift cards.

(f) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.