reglab/statecodes huggingface dataset:
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 31 - Theft › Section 31.09. Aggregation of Amounts Involved in Theft

Sec. 31.09.  AGGREGATION OF AMOUNTS INVOLVED IN THEFT.  When amounts are obtained in violation of this chapter pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the amounts aggregated in determining the grade of the offense.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 31 - Theft › Section 31.10. Actor's Interest in Property

Sec. 31.10.  ACTOR'S INTEREST IN PROPERTY.  It is no defense to prosecution under this chapter that the actor has an interest in the property or service stolen if another person has the right of exclusive possession of the property.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 31 - Theft › Section 31.11. Tampering With Identification Numbers

Sec. 31.11.  TAMPERING WITH IDENTIFICATION NUMBERS.  (a)  A person commits an offense if the person:
(1)  knowingly or intentionally removes, alters, or obliterates the serial number or other permanent identification marking on tangible personal property;  or
(2)  possesses, sells, or offers for sale tangible personal property and:
(A)  the actor knows that the serial number or other permanent identification marking has been removed, altered, or obliterated;  or
(B)  a reasonable person in the position of the actor would have known that the serial number or other permanent identification marking has been removed, altered, or obliterated.
(b)  It is an affirmative defense to prosecution under this section that the person was:
(1)  the owner or acting with the effective consent of the owner of the property involved;
(2)  a peace officer acting in the actual discharge of official duties; or
(3)  acting with respect to a number assigned to a vehicle by the Texas Department of Transportation or the Texas Department of Motor Vehicles, as applicable, and the person was:
(A)  in the actual discharge of official duties as an employee or agent of the department; or
(B)  in full compliance with the rules of the department as an applicant for an assigned number approved by the department.
(c)  Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property.
(d)  An offense under this section is a Class A misdemeanor.
(e)  In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code.
Added by Acts 1979, 66th Leg., p. 417, ch. 191, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1983, 68th Leg., p. 4525, ch. 741, Sec. 2, eff. Sept. 1, 1983;  Acts 1991, 72nd Leg., ch. 113, Sec. 1, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 1997, 75th Leg., ch. 165, Sec. 30.239, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3J.02, eff. September 1, 2009.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 31 - Theft › Section 31.13. Manufacture, Distribution, or Advertisement of Multichannel Video or Information Services Device

Sec. 31.13.  MANUFACTURE, DISTRIBUTION, OR ADVERTISEMENT OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE.  (a)  A person commits an offense if the person for remuneration intentionally or knowingly manufactures, assembles, modifies, imports into the state, exports out of the state, distributes, advertises, or offers for sale, with an intent to aid in the commission of an offense under Section 31.12, a device, a kit or part for a device, or a plan for a system of components wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried or caused by a multichannel video or information services provider.
(b)  In this section, "device," "encrypted, encoded, scrambled, or other nonstandard signal," and "multichannel video or information services provider" have the meanings assigned by Section 31.12.
(c)  This section does not prohibit the manufacture, distribution, advertisement, offer for sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law.
(d)  An offense under this section is a Class A misdemeanor.
Added by Acts 1995, 74th Leg., ch. 318, Sec. 10, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 858, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 31 - Theft › Section 31.14. Sale or Lease of Multichannel Video or Information Services Device

Sec. 31.14.  SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE.  (a)  A person commits an offense if the person intentionally or knowingly sells or leases, with an intent to aid in the commission of an offense under Section 31.12, a device, a kit or part for a device, or a plan for a system of components wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried or caused by a multichannel video or information services provider.
(b)  In this section, "device," "encrypted, encoded, scrambled, or other nonstandard signal," and "multichannel video or information services provider" have the meanings assigned by Section 31.12.
(c)  This section does not prohibit the sale or lease of satellite receiving antennas that are otherwise permitted by state or federal law without providing notice to the comptroller.
(d)  An offense under this section is a Class A misdemeanor.
Added by Acts 1999, 76th Leg., ch. 858, Sec. 3, eff. Sept. 1, 1999.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 31 - Theft › Section 31.15. Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft

Sec. 31.15.  POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT.
(a)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 323, Sec. 4, eff. September 1, 2011.
(b)  A person commits an offense if, with the intent to use the instrument to commit theft, the person:
(1)  possesses a shielding or deactivation instrument;  or
(2)  knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument.
(c)  An offense under this section is a Class A misdemeanor.
Added by Acts 2001, 77th Leg., ch. 109, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 323 (H.B. 2482), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 31 - Theft › Section 31.16. Organized Retail Theft

Sec. 31.16.  ORGANIZED RETAIL THEFT.  (a)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 323, Sec. 4, eff. September 1, 2011.
(b)  A person commits an offense if the person intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, or disposes of:
(1)  stolen retail merchandise; or
(2)  merchandise explicitly represented to the person as being stolen retail merchandise.
(c)  An offense under this section is:
(1)  a Class C misdemeanor if the total value of the merchandise involved in the activity is less than $100;
(2)  a Class B misdemeanor if the total value of the merchandise involved in the activity is $100 or more but less than $750;
(3)  a Class A misdemeanor if the total value of the merchandise involved in the activity is $750 or more but less than $2,500;
(4)  a state jail felony if the total value of the merchandise involved in the activity is $2,500 or more but less than $30,000;
(5)  a felony of the third degree if the total value of the merchandise involved in the activity is $30,000 or more but less than $150,000;
(6)  a felony of the second degree if the total value of the merchandise involved in the activity is $150,000 or more but less than $300,000; or
(7)  a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more.
(d)  An offense described for purposes of punishment by Subsections (c)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that:
(1)  the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b); or
(2)  during the commission of the offense, a person engaged in an activity described by Subsection (b) intentionally, knowingly, or recklessly:
(A)  caused a fire exit alarm to sound or otherwise become activated;
(B)  deactivated or otherwise prevented a fire exit alarm or retail theft detector from sounding; or
(C)  used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector.
(e)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 323, Sec. 4, eff. September 1, 2011.
Added by Acts 2007, 80th Leg., R.S., Ch. 1274 (H.B. 3584), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 323 (H.B. 2482), Sec. 3, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 323 (H.B. 2482), Sec. 4, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 13, eff. September 1, 2015.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 31 - Theft › Section 31.17. Unauthorized Acquisition or Transfer of Certain Financial Information

Sec. 31.17.  UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION.  (a)  In this section:
(1)  "Check" has the meaning assigned by Section 3.104, Business & Commerce Code.
(2)  "Credit card" and "debit card" have the meanings assigned by Section 32.31.
(3)  "Financial sight order or payment card information" means financial information that is:
(A)  contained on either side of a check or similar sight order, check card, debit card, or credit card; or
(B)  encoded on the magnetic strip or stripe of a check card, debit card, or credit card.
(b)  A person commits an offense if the person, knowing that the person is not entitled to obtain or possess that financial information:
(1)  obtains the financial sight order or payment card information of another by use of an electronic, photographic, visual imaging, recording, or other device capable of accessing, reading, recording, capturing, copying, imaging, scanning, reproducing, or storing in any manner the financial sight order or payment card information; or
(2)  transfers to a third party information obtained as described by Subdivision (1).
(c)  An offense under Subsection (b)(1) is a Class B misdemeanor.  An offense under Subsection (b)(2) is a Class A misdemeanor.
(d)  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 or the other law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 260 (H.B. 1215), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 31 - Theft › Section 31.19. Theft of Petroleum Product

Sec. 31.19.  THEFT OF PETROLEUM PRODUCT.  (a)  In this section, "petroleum product" means crude oil, natural gas, or condensate.
(b)  A person commits an offense if the person unlawfully appropriates a petroleum product with intent to deprive the owner of the petroleum product by:
(1)  possessing, removing, delivering, receiving, purchasing, selling, moving, concealing, or transporting the petroleum product; or
(2)  making or causing a connection to be made with, or drilling or tapping or causing a hole to be drilled or tapped in, a pipe, pipeline, or tank used to store or transport a petroleum product.
(c)  Appropriation of a petroleum product is unlawful if it is without the owner's effective consent.
(d)  An offense under this section is:
(1)  a state jail felony if the total value of the petroleum product appropriated is less than $10,000;
(2)  a felony of the third degree if the total value of the petroleum product appropriated is $10,000 or more but less than $100,000;
(3)  a felony of the second degree if the total value of the petroleum product appropriated is $100,000 or more but less than $300,000; or
(4)  a felony of the first degree if the total value of the petroleum product appropriated is $300,000 or more.
Added by Acts 2017, 85th Leg., R.S., Ch. 46 (S.B. 1871), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 31 - Theft › Section 31.20. Mail Theft

Sec. 31.20.  MAIL THEFT.  (a)  In this section:
(1)  "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04.
(2)  "Identifying information" has the meaning assigned by Section 32.51.
(3)  "Mail" means a letter, postal card, package, bag, or other sealed article that:
(A)  is delivered by a common carrier or delivery service and not yet received by the addressee; or
(B)  has been left to be collected for delivery by a common carrier or delivery service.
(b)  A person commits an offense if the person intentionally appropriates mail from another person's mailbox or premises without the effective consent of the addressee and with the intent to deprive that addressee of the mail.
(c)  Except as provided by Subsections (d) and (e), an offense under this section is:
(1)  a Class A misdemeanor if the mail is appropriated from fewer than 10 addressees;
(2)  a state jail felony if the mail is appropriated from at least 10 but fewer than 30 addressees; or
(3)  a felony of the third degree if the mail is appropriated from 30 or more addressees.
(d)  If it is shown on the trial of an offense under this section that the appropriated mail contained an item of identifying information and the actor committed the offense with the intent to facilitate an offense under Section 32.51, an offense under this section is:
(1)  a state jail felony if the mail is appropriated from fewer than 10 addressees;
(2)  a felony of the third degree if the mail is appropriated from at least 10 but fewer than 20 addressees;
(3)  a felony of the second degree if the mail is appropriated from at least 20 but fewer than 50 addressees; or
(4)  a felony of the first degree if the mail is appropriated from 50 or more addressees.
(e)  An offense described for purposes of punishment by Subsection (d)(1), (2), or (3) is increased to the next higher category of offense if it is shown on the trial of the offense that at the time of the offense the actor knew or had reason to believe that an addressee from whom the actor appropriated mail was a disabled individual or an elderly individual.
(f)  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.
Added by Acts 2019, 86th Leg., R.S., Ch. 706 (H.B. 37), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 31 - Theft › Section 31.21. Unauthorized Possession of Catalytic Converter

Sec. 31.21.  UNAUTHORIZED POSSESSION OF CATALYTIC CONVERTER.  (a)  A person commits an offense if the person:
(1)  intentionally or knowingly possesses a catalytic converter that has been removed from a motor vehicle; and
(2)  is not a person who is authorized under Subsection (b) to possess the catalytic converter.
(b)  A person is presumed to be authorized to possess a catalytic converter that has been removed from a motor vehicle if the person:
(1)  is the owner, as defined by Section 601.002, Transportation Code, of the vehicle from which the catalytic converter was removed; or
(2)  possesses the catalytic converter in the ordinary course of the person's business, including in the ordinary course of business of an entity described by Section 1956.123(1), Occupations Code.
(c)  The presumption established under Subsection (b) does not apply to a person described by Subsection (b)(2) who knows that the catalytic converter was unlawfully removed from a motor vehicle or otherwise unlawfully obtained.
(d)  Except as provided by Subsection (e), an offense under this section is a state jail felony.
(e)  An offense under this section is a felony of the third degree if it is shown on the trial of the offense that the person:
(1)  has been previously convicted of an offense under this section;
(2)  in connection with the offense, engaged in conduct constituting conspiracy under Section 15.02 to commit an offense under Section 28.03 or 31.03 with respect to a catalytic converter; or
(3)  possessed a firearm during the commission of the offense.
(f)  If conduct constituting 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.
Added by Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 2.04, eff. May 29, 2023.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 32 - Fraud › Subchapter A. General Provisions › Section 32.01. Definitions

Sec. 32.01.  DEFINITIONS.  In this chapter:
(1)  "Financial institution" means a bank, trust company, insurance company, credit union, building and loan association, savings and loan association, investment trust, investment company, or any other organization held out to the public as a place for deposit of funds or medium of savings or collective investment.
(2)  "Property" means:
(A)  real property;
(B)  tangible or intangible personal property including anything severed from land;  or
(C)  a document, including money, that represents or embodies anything of value.
(3)  "Service" includes:
(A)  labor and professional service;
(B)  telecommunication, public utility, and transportation service;
(C)  lodging, restaurant service, and entertainment;  and
(D)  the supply of a motor vehicle or other property for use.
(4)  "Steal" means to acquire property or service by theft.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 32 - Fraud › Subchapter A. General Provisions › Section 32.02. Value

Sec. 32.02.  VALUE.  (a)  Subject to the additional criteria of Subsections (b) and (c), value under this chapter is:
(1)  the fair market value of the property or service at the time and place of the offense;  or
(2)  if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the offense.
(b)  The value of documents, other than those having a readily ascertainable market value, is:
(1)  the amount due and collectible at maturity less any part that has been satisfied, if the document constitutes evidence of a debt;  or
(2)  the greatest amount of economic loss that the owner might reasonably suffer by virtue of loss of the document, if the document is other than evidence of a debt.
(c)  If property or service has value that cannot be reasonably ascertained by the criteria set forth in Subsections (a) and (b), the property or service is deemed to have a value of $750 or more but less than $2,500.
(d)  If the actor proves by a preponderance of the evidence that he gave consideration for or had a legal interest in the property or service stolen, the amount of the consideration or the value of the interest so proven shall be deducted from the value of the property or service ascertained under Subsection (a), (b), or (c) to determine value for purposes of this chapter.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 14, eff. September 1, 2015.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 32 - Fraud › Subchapter A. General Provisions › Section 32.03. Aggregation of Amounts Involved in Fraud

Sec. 32.03.  AGGREGATION OF AMOUNTS INVOLVED IN FRAUD.  When amounts are obtained in violation of this chapter pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the amounts aggregated in determining the grade of offense.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 32 - Fraud › Subchapter B. Forgery › Section 32.22. Criminal Simulation

Sec. 32.22.  CRIMINAL SIMULATION.  (a)  A person commits an offense if, with intent to defraud or harm another:
(1)  he makes or alters an object, in whole or in part, so that it appears to have value because of age, antiquity, rarity, source, or authorship that it does not have;
(2)  he possesses an object so made or altered, with intent to sell, pass, or otherwise utter it;  or
(3)  he authenticates or certifies an object so made or altered as genuine or as different from what it is.
(b)  An offense under this section is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 32 - Fraud › Subchapter B. Forgery › Section 32.24. Stealing or Receiving Stolen Check or Similar Sight Order

Sec. 32.24.  STEALING OR RECEIVING STOLEN CHECK OR SIMILAR SIGHT ORDER.  (a)  A person commits an offense if the person steals an unsigned check or similar sight order or, with knowledge that an unsigned check or similar sight order has been stolen, receives the check or sight order with intent to use it, to sell it, or to transfer it to a person other than the person from whom the check or sight order was stolen.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 1999, 76th Leg., ch. 1413, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 32 - Fraud › Subchapter D. Other Deceptive Practices › Section 32.43. Commercial Bribery

Sec. 32.43.  COMMERCIAL BRIBERY.  (a)  For purposes of this section:
(1)  "Beneficiary" means a person for whom a fiduciary is acting.
(2)  "Fiduciary" means:
(A)  an agent or employee;
(B)  a trustee, guardian, custodian, administrator, executor, conservator, receiver, or similar fiduciary;
(C)  a lawyer, physician, accountant, appraiser, or other professional advisor;  or
(D)  an officer, director, partner, manager, or other participant in the direction of the affairs of a corporation or association.
(b)  A person who is a fiduciary commits an offense if, without the consent of his beneficiary, he intentionally or knowingly solicits, accepts, or agrees to accept any benefit from another person on agreement or understanding that the benefit will influence the conduct of the fiduciary in relation to the affairs of his beneficiary.
(c)  A person commits an offense if he offers, confers, or agrees to confer any benefit the acceptance of which is an offense under Subsection (b).
(d)  An offense under this section is a state jail felony.
(e)  In lieu of a fine that is authorized by Subsection (d), and in addition to the imprisonment that is authorized by that subsection, if the court finds that an individual who is a fiduciary gained a benefit through the commission of an offense under Subsection (b), the court may sentence the individual to pay a fine in an amount fixed by the court, not to exceed double the value of the benefit gained.  This subsection does not affect the application of Section 12.51(c) to an offense under this section committed by a corporation, an association, a limited liability company, or another business entity, as defined by Section 7.21.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1983, 68th Leg., p. 1942, ch. 357, Sec. 1, eff. Sept. 1, 1983;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 112 (S.B. 1258), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 32 - Fraud › Subchapter D. Other Deceptive Practices › Section 32.44. Rigging Publicly Exhibited Contest

Sec. 32.44.  RIGGING PUBLICLY EXHIBITED CONTEST.  (a)  A person commits an offense if, with intent to affect the outcome (including the score) of a publicly exhibited contest:
(1)  he offers, confers, or agrees to confer any benefit on, or threatens harm to:
(A)  a participant in the contest to induce him not to use his best efforts;  or
(B)  an official or other person associated with the contest;  or
(2)  he tampers with a person, animal, or thing in a manner contrary to the rules of the contest.
(b)  A person commits an offense if he intentionally or knowingly solicits, accepts, or agrees to accept any benefit the conferring of which is an offense under Subsection (a).
(c)  An offense under this section is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 32 - Fraud › Subchapter D. Other Deceptive Practices › Section 32.441. Illegal Recruitment of an Athlete

Sec. 32.441.  ILLEGAL RECRUITMENT OF AN ATHLETE.  (a)  A person commits an offense if, without the consent of the governing body or a designee of the governing body of an institution of higher education, the person intentionally or knowingly solicits, accepts, or agrees to accept any benefit from another on an agreement or understanding that the benefit will influence the conduct of the person in enrolling in the institution and participating in intercollegiate athletics.
(b)  A person commits an offense if he offers, confers, or agrees to confer any benefit the acceptance of which is an offense under Subsection (a).
(c)  It is an exception to prosecution under this section that the person offering, conferring, or agreeing to confer a benefit and the person soliciting, accepting, or agreeing to accept a benefit are related within the second degree of consanguinity or affinity, as determined under Chapter 573, Government Code.
(d)  It is an exception to prosecution under Subsection (a) that, not later than the 60th day after the date the person accepted or agreed to accept a benefit, the person contacted a law enforcement agency and furnished testimony or evidence about the offense.
(e)  An offense under this section is a:
(1)  Class C misdemeanor if the value of the benefit is less than $100;
(2)  Class B misdemeanor if the value of the benefit is $100 or more but less than $750;
(3)  Class A misdemeanor if the value of the benefit is $750 or more but less than $2,500;
(4)  state jail felony if the value of the benefit is $2,500 or more but less than $30,000;
(5)  felony of the third degree if the value of the benefit is $30,000 or more but less than $150,000;
(6)  felony of the second degree if the value of the benefit is $150,000 or more but less than $300,000; or
(7)  felony of the first degree if the value of the benefit is $300,000 or more.
Added by Acts 1989, 71st Leg., ch. 125, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 561, Sec. 41, eff. Aug. 26, 1991;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 20, eff. September 1, 2015.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 32 - Fraud › Subchapter D. Other Deceptive Practices › Section 32.48. Simulating Legal Process

Sec. 32.48.  SIMULATING LEGAL PROCESS.  (a)  A person commits an offense if the person recklessly causes to be delivered to another any document that simulates a summons, complaint, judgment, or other court process with the intent to:
(1)  induce payment of a claim from another person;  or
(2)  cause another to:
(A)  submit to the putative authority of the document;  or
(B)  take any action or refrain from taking any action in response to the document, in compliance with the document, or on the basis of the document.
(b)  Proof that the document was mailed to any person with the intent that it be forwarded to the intended recipient is a sufficient showing that the document was delivered.
(c)  It is not a defense to prosecution under this section that the simulating document:
(1)  states that it is not legal process;  or
(2)  purports to have been issued or authorized by a person or entity who did not have lawful authority to issue or authorize the document.
(d)  If it is shown on the trial of an offense under this section that the simulating document was filed with, presented to, or delivered to a clerk of a court or an employee of a clerk of a court created or established under the constitution or laws of this state, there is a rebuttable presumption that the document was delivered with the intent described by Subsection (a).
(e)  Except as provided by Subsection (f), an offense under this section is a Class A misdemeanor.
(f)  If it is shown on the trial of an offense under this section that the defendant has previously been convicted of a violation of this section, the offense is a state jail felony.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 3, eff. May 21, 1997.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 32 - Fraud › Subchapter D. Other Deceptive Practices › Section 32.49. Refusal to Execute Release of Fraudulent Lien or Claim

Sec. 32.49.  REFUSAL TO EXECUTE RELEASE OF FRAUDULENT LIEN OR CLAIM.  (a)  A person commits an offense if, with intent to defraud or harm another, the person:
(1)  owns, holds, or is the beneficiary of a purported lien or claim asserted against real or personal property or an interest in real or personal property that is fraudulent, as described by Section 51.901(c), Government Code;  and
(2)  not later than the 21st day after the date of receipt of actual or written notice sent by either certified or registered mail, return receipt requested, to the person's last known address, or by telephonic document transfer to the recipient's current telecopier number, requesting the execution of a release of the fraudulent lien or claim, refuses to execute the release on the request of:
(A)  the obligor or debtor;  or
(B)  any person who owns any interest in the real or personal property described in the document or instrument that is the basis for the lien or claim.
(b)  A person who fails to execute a release of the purported lien or claim within the period prescribed by Subsection (a)(2) is presumed to have had the intent to harm or defraud another.
(c)  An offense under this section is a Class A misdemeanor.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 4, eff. May 21, 1997.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 32 - Fraud › Subchapter D. Other Deceptive Practices › Section 32.50. Deceptive Preparation and Marketing of Academic Product

Sec. 32.50.  DECEPTIVE PREPARATION AND MARKETING OF ACADEMIC PRODUCT.  (a)  For purposes of this section:
(1)  "Academic product" means a term paper, thesis, dissertation, essay, report, recording, work of art, or other written, recorded, pictorial, or artistic product or material submitted or intended to be submitted by a person to satisfy an academic requirement of the person.
(2)  "Academic requirement" means a requirement or prerequisite to receive course credit or to complete a course of study or degree, diploma, or certificate program at an institution of higher education.
(3)  "Institution of higher education" means an institution of higher education or private or independent institution of higher education as those terms are defined by Section 61.003, Education Code, or a private postsecondary educational institution as that term is defined by Section 61.302, Education Code.
(b)  A person commits an offense if, with intent to make a profit, the person prepares, sells, offers or advertises for sale, or delivers to another person an academic product when the person knows, or should reasonably have known, that a person intends to submit or use the academic product to satisfy an academic requirement of a person other than the person who prepared the product.
(c)  A person commits an offense if, with intent to induce another person to enter into an agreement or obligation to obtain or have prepared an academic product, the person knowingly makes or disseminates a written or oral statement that the person will prepare or cause to be prepared an academic product to be sold for use in satisfying an academic requirement of a person other than the person who prepared the product.
(d)  It is a defense to prosecution under this section that the actor's conduct consisted solely of action taken as an employee of an institution of higher education in providing instruction, counseling, or tutoring in research or writing to students of the institution.
(e)  It is a defense to prosecution under this section that the actor's conduct consisted solely of offering or providing tutorial or editing assistance to another person in connection with the other person's preparation of an academic product to satisfy the other person's academic requirement, and the actor does not offer or provide substantial preparation, writing, or research in the production of the academic product.
(f)  It is a defense to prosecution under this section that the actor's conduct consisted solely of typing, transcribing, or reproducing a manuscript for a fee, or of offering to do so.
(g)  An offense under this section is a Class C misdemeanor.
Added by Acts 1997, 75th Leg., ch. 730, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Penal Code Sec. 32.49 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(87), (88), eff. Sept. 1, 1999.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 32 - Fraud › Subchapter D. Other Deceptive Practices › Section 32.52. Fraudulent, Substandard, or Fictitious Degree

Sec. 32.52.  FRAUDULENT, SUBSTANDARD, OR FICTITIOUS DEGREE.  (a)  In this section, "fraudulent or substandard degree" has the meaning assigned by Section 61.302, Education Code.
(b)  A person commits an offense if the person:
(1)  uses or claims to hold a postsecondary degree that the person knows:
(A)  is a fraudulent or substandard degree;
(B)  is fictitious or has otherwise not been granted to the person; or
(C)  has been revoked; and
(2)  uses or claims to hold that degree:
(A)  in a written or oral advertisement or other promotion of a business; or
(B)  with the intent to:
(i)  obtain employment;
(ii)  obtain a license or certificate to practice a trade, profession, or occupation;
(iii)  obtain a promotion, a compensation or other benefit, or an increase in compensation or other benefit, in employment or in the practice of a trade, profession, or occupation;
(iv)  obtain admission to an educational program in this state; or
(v)  gain a position in government with authority over another person, regardless of whether the actor receives compensation for the position.
(c)  An offense under this section is a Class B misdemeanor.
(d)  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 or the other law.
Added by Acts 2005, 79th Leg., Ch. 1039 (H.B. 1173), Sec. 8, eff. September 1, 2005.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 32 - Fraud › Subchapter D. Other Deceptive Practices › Section 32.53. Exploitation of Child, Elderly Individual, or Disabled Individual

Sec. 32.53.  EXPLOITATION OF CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL.  (a)  In this section:
(1)  "Child," "elderly individual," and "disabled individual" have the meanings assigned by Section 22.04.
(2)  "Exploitation" means the illegal or improper use of a child, elderly individual, or disabled individual or of the resources of a child, elderly individual, or disabled individual for monetary or personal benefit, profit, or gain.
(b)  A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.
(c)  An offense under this section is a felony of the third degree.
(d)  A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections.  Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code.  If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently.
(e)  With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the Medicaid program.
Added by Acts 2011, 82nd Leg., R.S., Ch. 620 (S.B. 688), Sec. 7, eff. September 1, 2011.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 32 - Fraud › Subchapter D. Other Deceptive Practices › Section 32.54. Fraudulent or Fictitious Military Record

Sec. 32.54.  FRAUDULENT OR FICTITIOUS MILITARY RECORD.  (a)  In this section:
(1)  "Military record" means an enlistment record, occupation specialty, medal, award, decoration, or certification obtained by a person through the person's service in the armed forces of the United States or the state military forces.
(2)  "State military forces" has the meaning assigned by Section 437.001, Government Code.
(b)  A person commits an offense if the person:
(1)  uses or claims to hold a military record that the person knows:
(A)  is fraudulent;
(B)  is fictitious or has otherwise not been granted or assigned to the person; or
(C)  has been revoked; and
(2)  uses or claims to hold that military record:
(A)  in a written or oral advertisement or other promotion of a business; or
(B)  with the intent to:
(i)  obtain priority in receiving services or resources under Subchapter G, Chapter 302, Labor Code;
(ii)  qualify for a military employment preference under Chapter 657, Government Code;
(iii)  obtain a license or certificate to practice a trade, profession, or occupation;
(iv)  obtain a promotion, compensation, or other benefit, or an increase in compensation or other benefit, in employment or in the practice of a trade, profession, or occupation;
(v)  obtain a benefit, service, or donation from another person;
(vi)  obtain admission to an educational program in this state; or
(vii)  gain a position in state government with authority over another person, regardless of whether the actor receives compensation for the position.
(c)  An offense under this section is a Class B misdemeanor.
(d)  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 or the other law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 386 (S.B. 431), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 3.19, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 6 (S.B. 835), Sec. 1, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 1100 (S.B. 1376), Sec. 10, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 33 - Computer Crimes › Section 33.022. Electronic Access Interference

Sec. 33.022.  ELECTRONIC ACCESS INTERFERENCE.  (a)  A person, other than a network provider or online service provider acting for a legitimate business purpose, commits an offense if the person intentionally interrupts or suspends access to a computer system or computer network without the effective consent of the owner.
(b)  An offense under this section is a third degree felony.
(c)  It is a defense to prosecution under this section that the person acted with the intent to facilitate a lawful seizure or search of, or lawful access to, a computer, computer network, or computer system for a legitimate law enforcement purpose.
Added by Acts 2017, 85th Leg., R.S., Ch. 684 (H.B. 9), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 33 - Computer Crimes › Section 33.024. Unlawful Decryption

Sec. 33.024.  UNLAWFUL DECRYPTION.  (a)  A person commits an offense if the person intentionally decrypts encrypted private information through deception and without a legitimate business purpose.
(b)  Subject to Subsections (b-1) and (b-2), an offense under this section is a Class C misdemeanor.
(b-1)  Subject to Subsection (b-2), if it is shown on the trial of the offense that the defendant acted with the intent to defraud or harm another, an offense under this section is:
(1)  a Class C misdemeanor if the value of the aggregate amount involved is less than $100 or cannot be determined;
(2)  a Class B misdemeanor if the value of the aggregate amount involved is $100 or more but less than $750;
(3)  a Class A misdemeanor if the value of the aggregate amount involved is $750 or more but less than $2,500;
(4)  a state jail felony if the value of the aggregate amount involved is $2,500 or more but less than $30,000;
(5)  a felony of the third degree if the value of the aggregate amount involved is $30,000 or more but less than $150,000;
(6)  a felony of the second degree if the value of the aggregate amount involved is $150,000 or more but less than $300,000; and
(7)  a felony of the first degree if the value of the aggregate amount involved is $300,000 or more.
(b-2)  If it is shown on the trial of the offense that the defendant knowingly decrypted privileged information, an offense under this section is:
(1)  a state jail felony if the value of the aggregate amount involved is less than $2,500;
(2)  a felony of the third degree if:
(A)  the value of the aggregate amount involved is $2,500 or more but less than $30,000; or
(B)  a client or patient of a victim suffered harm attributable to the offense;
(3)  a felony of the second degree if:
(A)  the value of the aggregate amount involved is $30,000 or more but less than $150,000; or
(B)  a client or patient of a victim suffered bodily injury attributable to the offense; and
(4)  a felony of the first degree if:
(A)  the value of the aggregate amount involved is $150,000 or more; or
(B)  a client or patient of a victim suffered serious bodily injury or death attributable to the offense.
(c)  It is a defense to prosecution under this section that the actor's conduct was pursuant to an agreement entered into with the owner for the purpose of:
(1)  assessing or maintaining the security of the information or of a computer, computer network, or computer system; or
(2)  providing other services related to security.
(d)  A person who is subject to prosecution under this section and any other section of this code may be prosecuted under either or both sections.
Added by Acts 2017, 85th Leg., R.S., Ch. 684 (H.B. 9), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 33 - Computer Crimes › Section 33.03. Defenses

For text of section as amended by Acts 2017, 85th Leg., R.S., Ch. 684 (H.B. 9), Sec. 4, see other Sec. 33.03.
Sec. 33.03.  DEFENSES.  It is an affirmative defense to prosecution under Section 33.02 or 33.022 that the actor was an officer, employee, or agent of a communication common carrier or electric utility and committed the proscribed act or acts in the course of employment while engaged in an activity that is a necessary incident to the rendition of service or to the protection of the rights or property of the communication common carrier or electric utility.
Added by Acts 1985, 69th Leg., ch. 600, Sec. 1, eff. Sept. 1, 1985.  Renumbered from Penal Code Sec. 33.04 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 684 (H.B. 9), Sec. 4, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.18, eff. January 1, 2019.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 33 - Computer Crimes › Section 33.04. Assistance by Attorney General

Sec. 33.04.  ASSISTANCE BY ATTORNEY GENERAL.  The attorney general, if requested to do so by a prosecuting attorney, may assist the prosecuting attorney in the investigation or prosecution of an offense under this chapter or of any other offense involving the use of a computer.
Added by Acts 1985, 69th Leg., ch. 600, Sec. 1, eff. Sept. 1, 1985.  Renumbered from Penal Code Sec. 33.05 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 33 - Computer Crimes › Section 33.05. Tampering With Direct Recording Electronic Voting Machine

Sec. 33.05.  TAMPERING WITH DIRECT RECORDING ELECTRONIC VOTING MACHINE.  (a)  In this section:
(1)  "Direct recording electronic voting machine" has the meaning assigned by Section 121.003, Election Code.
(2)  "Measure" has the meaning assigned by Section 1.005, Election Code.
(b)  A person commits an offense if the person knowingly accesses a computer, computer network, computer program, computer software, or computer system that is a part of a voting system that uses direct recording electronic voting machines and by means of that access:
(1)  prevents a person from lawfully casting a vote;
(2)  changes a lawfully cast vote;
(3)  prevents a lawfully cast vote from being counted; or
(4)  causes a vote that was not lawfully cast to be counted.
(c)  An offense under this section does not require that the votes as affected by the person's actions described by Subsection (b) actually be the votes used in the official determination of the outcome of the election.
(d)  An offense under this section is a felony of the first degree.
(e)  Notwithstanding Section 15.01(d), an offense under Section 15.01(a) is a felony of the third degree if the offense the actor intends to commit is an offense under this section.
(f)  With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to investigate or prosecute an offense under this section.
Added by Acts 2005, 79th Leg., Ch. 470 (H.B. 56), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 503 (S.B. 927), Sec. 1, eff. September 1, 2009.