(a) Subject to the additional criteria of Subsections (b) and (c), value under this chapter is: (2706)
(1) the fair market value of the property or service at the time and place of the offense; or (2707)
(2) if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the theft. (2708)
(b) The value of documents, other than those having a readily ascertainable market value, is: (2709)
(1) the amount due and collectible at maturity less that part which has been satisfied, if the document constitutes evidence of a debt; or (2710)
(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. (2711)
(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. (2712)
(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. (2713)
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 2920, ch. 497, Sec. 5, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (2714)
Amended by: (2715)
Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 12, eff. September 1, 2015. (2716)
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. (2718)
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. (2719)
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. (2721)
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. (2722)
(a) A person commits an offense if the person: (2724)
(1) knowingly or intentionally removes, alters, or obliterates the serial number or other permanent identification marking on tangible personal property; or (2725)
(2) possesses, sells, or offers for sale tangible personal property and: (2726)
(A) the actor knows that the serial number or other permanent identification marking has been removed, altered, or obliterated; or (2727)
(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. (2728)
(b) It is an affirmative defense to prosecution under this section that the person was: (2729)
(1) the owner or acting with the effective consent of the owner of the property involved; (2730)
(2) a peace officer acting in the actual discharge of official duties; or (2731)
(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: (2732)
(A) in the actual discharge of official duties as an employee or agent of the department; or (2733)
(B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. (2734)
(c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property. (2735)
(d) An offense under this section is a Class A misdemeanor. (2736)
(e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code. (2737)
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. (2738)
Amended by: (2739)
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3J.02, eff. September 1, 2009. (2740)
(a) A person commits an offense if, without the authorization of the multichannel video or information services provider, the person intentionally or knowingly: (2742)
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