(6) a felony of the first degree if the value of the telecommunications service obtained or attempted to be obtained is $200,000 or more. (3705)
(c) When telecommunications service is obtained or attempted to be obtained in violation of this section pursuant to one scheme or continuing course of conduct, whether or not in a single incident, the conduct may be considered as one offense and the values of the service obtained or attempted to be obtained may be aggregated in determining the grade of the offense. (3706)
Added by Acts 1997, 75th Leg., ch. 306, Sec. 3, eff. Sept. 1, 1997. (3707)
(a) A person commits an offense if the person with criminal negligence publishes a telecommunications access device or counterfeit telecommunications access device that is designed to be used to commit an offense under Section 33A.04. (3709)
(b) Except as otherwise provided by this subsection, an offense under this section is a Class A misdemeanor. An offense under this section is a felony of the third degree if the person has been previously convicted of an offense under this chapter. (3710)
Added by Acts 1997, 75th Leg., ch. 306, Sec. 3, eff. Sept. 1, 1997. (3711)
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 telecommunications equipment, services, or devices. (3713)
Added by Acts 1997, 75th Leg., ch. 306, Sec. 3, eff. Sept. 1, 1997. (3714)
In this chapter: (3717)
(1) "Criminal activity" means any offense, including any preparatory offense, that is: (3718)
(A) classified as a felony under the laws of this state or the United States; or (3719)
(B) punishable by confinement for more than one year under the laws of another state. (3720)
(2) "Funds" includes: (3721)
(A) coin or paper money of the United States or any other country that is designated as legal tender and that circulates and is customarily used and accepted as a medium of exchange in the country of issue; (3722)
(B) United States silver certificates, United States Treasury notes, and Federal Reserve System notes; (3723)
(C) an official foreign bank note that is customarily used and accepted as a medium of exchange in a foreign country and a foreign bank draft; and (3724)
(D) currency or its equivalent, including an electronic fund, a personal check, a bank check, a traveler's check, a money order, a bearer negotiable instrument, a bearer investment security, a bearer security, a certificate of stock in a form that allows title to pass on delivery, or a stored value card as defined by Section 604.001, Business & Commerce Code. (3725)
(3) "Financial institution" has the meaning assigned by Section 32.01. (3726)
(4) "Proceeds" means funds acquired or derived directly or indirectly from, produced through, realized through, or used in the commission of: (3727)
(A) an act; or (3728)
(B) conduct that constitutes an offense under Section 151.7032, Tax Code. (3729)
Added by Acts 1993, 73rd Leg., ch. 761, Sec. 2, eff. Sept. 1, 1993. (3730)
Amended by: (3731)
Acts 2005, 79th Leg., Ch. 1162 (H.B. 3376), Sec. 1, eff. September 1, 2005. (3732)
Acts 2011, 82nd Leg., R.S., Ch. 68 (S.B. 934), Sec. 7, eff. September 1, 2011. (3733)
Acts 2013, 83rd Leg., R.S., Ch. 928 (H.B. 1523), Sec. 1, eff. September 1, 2013. (3734)
Acts 2013, 83rd Leg., R.S., Ch. 1357 (S.B. 1451), Sec. 5, eff. September 1, 2013. (3735)
(a) A person commits an offense if the person knowingly: (3737)
(1) acquires or maintains an interest in, conceals, possesses, transfers, or transports the proceeds of criminal activity; (3738)
(2) conducts, supervises, or facilitates a transaction involving the proceeds of criminal activity; (3739)
(3) invests, expends, or receives, or offers to invest, expend, or receive, the proceeds of criminal activity or funds that the person believes are the proceeds of criminal activity; or (3740)
(4) finances or invests or intends to finance or invest funds that the person believes are intended to further the commission of criminal activity. (3741)
(a-1) Knowledge of the specific nature of the criminal activity giving rise to the proceeds is not required to establish a culpable mental state under this section. (3742)
(b) For purposes of this section, a person is presumed to believe that funds are the proceeds of or are intended to further the commission of criminal activity if a peace officer or a person acting at the direction of a peace officer represents to the person that the funds are proceeds of or are intended to further the commission of criminal activity, as applicable, regardless of whether the peace officer or person acting at the peace officer's direction discloses the person's status as a peace officer or that the person is acting at the direction of a peace officer. (3743)
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