Goto previous pageGoto next page
pg. 77

Texas Laws | Penal Code
PENAL CODE
TITLE 7. OFFENSES AGAINST PROPERTY

(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. (2769)

(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. (2770)

(d) An offense under this section is a Class A misdemeanor. (2771)

Added by Acts 1999, 76th Leg., ch. 858, Sec. 3, eff. Sept. 1, 1999. (2772)

Sec. 31.15. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. (2773)(Text)

(2774)

(a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 323, Sec. 4, eff. September 1, 2011. (2775)

(b) A person commits an offense if, with the intent to use the instrument to commit theft, the person: (2776)

(1) possesses a shielding or deactivation instrument; or (2777)

(2) knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument. (2778)

(c) An offense under this section is a Class A misdemeanor. (2779)

Added by Acts 2001, 77th Leg., ch. 109, Sec. 1, eff. Sept. 1, 2001. (2780)

Amended by: (2781)

Acts 2011, 82nd Leg., R.S., Ch. 323 (H.B. 2482), Sec. 4, eff. September 1, 2011. (2782)

Sec. 31.16. ORGANIZED RETAIL THEFT. (2783)(Text)

(a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 323, Sec. 4, eff. September 1, 2011. (2784)

(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: (2785)

(1) stolen retail merchandise; or (2786)

(2) merchandise explicitly represented to the person as being stolen retail merchandise. (2787)

(c) An offense under this section is: (2788)

(1) a Class C misdemeanor if the total value of the merchandise involved in the activity is less than $100; (2789)

(2) a Class B misdemeanor if the total value of the merchandise involved in the activity is $100 or more but less than $750; (2790)

(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; (2791)

(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; (2792)

(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; (2793)

(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 (2794)

(7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. (2795)

(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: (2796)

(1) the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b); or (2797)

(2) during the commission of the offense, a person engaged in an activity described by Subsection (b) intentionally, knowingly, or recklessly: (2798)

(A) caused a fire exit alarm to sound or otherwise become activated; (2799)

(B) deactivated or otherwise prevented a fire exit alarm or retail theft detector from sounding; or (2800)

(C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. (2801)

(e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 323, Sec. 4, eff. September 1, 2011. (2802)

Added by Acts 2007, 80th Leg., R.S., Ch. 1274 (H.B. 3584), Sec. 1, eff. September 1, 2007. (2803)

Amended by: (2804)

Acts 2011, 82nd Leg., R.S., Ch. 323 (H.B. 2482), Sec. 3, eff. September 1, 2011. (2805)

Acts 2011, 82nd Leg., R.S., Ch. 323 (H.B. 2482), Sec. 4, eff. September 1, 2011. (2806)

Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 13, eff. September 1, 2015. (2807)

Sec. 31.17. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. (2808)(Text)

(a) In this section: (2809)

(1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. (2810)

(2) "Credit card" and "debit card" have the meanings assigned by Section 32.31. (2811)

(3) "Financial sight order or payment card information" means financial information that is: (2812)

(A) contained on either side of a check or similar sight order, check card, debit card, or credit card; or (2813)

(B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. (2814)

(b) A person commits an offense if the person, knowing that the person is not entitled to obtain or possess that financial information: (2815)

(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 (2816)

Goto previous page77Goto next page

  

Our Mission
Objective

Our mission is to provide citizens free access to the laws and codes of their state utilizing a unique search engine that matches clients with qualified legal professionals who can help with specific issues.

Our goal is to do this in a manner that promotes open government and freedom of information, while providing attorneys with valuable tools to connect with qualified prospects in need of professional services.

Ignorance Is No Excuse
Your Right To Know The Law

All citizens have a right to have access to the laws that govern them. Citizen awareness and participation in government is fundamental to ensuring a sound democracy.

Although unfettered access to the law is a fundamental right to all citizens, there is no substitute for experienced legal counsel.

We do not recommend self-representation. We do, however, recognize that in an age where people routinely research legal matters online using everything from a smartphone to their xbox, both attorneys and clients alike can benefit from this resource.