(c) Notice for purposes of Subsection (b)(2) may be actual notice or notice in writing that: (A) first class mail, evidenced by an affidavit of service; or. 2, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. (c) An offense under this section is a Class B misdemeanor. Acts 2007, 80th Leg., R.S., Ch. 109), Sec. Sec. In indictments for fraudulently keeping in possession or concealing counterfeit money or bank notes, it is not necessary to aver in the indictment that the party charged intended to pass or impose the counterfeit money or bank notes on the community as good money, but it shall appear in proof that the counterfeit money or bank notes were possess. 32.43. 189, Sec. 324 (S.B. June 18, 1987; Acts 1989, 71st Leg., ch. Observe the passer's description, as well as that of any companions, and the license plate numbers of any vehicles used. (B) otherwise in connection with the purchase or sale of property or service. 32.51. (B) card, other than one issued as a credit card or debit card, that has been altered to contain the digital imprint of a credit card or debit card. 25, eff. Acts 1973, 63rd Leg., p. 883, ch. September 1, 2015. to possess a writing that is forged within the meaning of Paragraph (A) with intent to utter it in a manner specified in Paragraph (B). A person is presumed to have intended to appropriate proceeds if the person does not deliver the proceeds to the secured party or account to the secured party for the proceeds before the 11th day after the day that the secured party makes a lawful demand for the proceeds or account. 649), Sec. Acts 2015, 84th Leg., R.S., Ch. 472, the government had to prove three elements: possession of counterfeit notes, intent to defraud, and knowledge the notes were counterfeit. (a) A person commits an offense if he issues or passes a check or similar sight order for the payment of money knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders outstanding at the time of issuance. (B) initiate a transfer of funds other than a transfer originated solely by paper instrument. Sec. 1, eff. (vii) gain a position in state government with authority over another person, regardless of whether the actor receives compensation for the position. 5.95(27), eff. ORS 165.013 - Forgery in the first degree - OregonLaws 900, Sec. 399, Sec. Contact Granger and Mueller in Austin, Texas or call (512) 474-9999. Sept. 1, 2003. (g) An offense under Subsection (b)(4) is a Class A misdemeanor. 1488), Sec. (b) A person commits an offense if he intentionally, knowingly, or recklessly misapplies property he holds as a fiduciary or property of a financial institution in a manner that involves substantial risk of loss to the owner of the property or to a person for whose benefit the property is held. (B) a law prescribing the custody or disposition of the property. (f) A person is presumed to intend to defraud or harm another if the person acts with respect to two or more writings of the same type and if each writing is a government record listed in Section 37.01(2)(C). September 1, 2015. (7) felony of the first degree if the retail value of the item or service is $300,000 or more. 32.315. A fine of up to $250,000 and/or a prison sentence of up to 25 years for for possessing stones, plates and other items used in the production of counterfeit items. Sec. Counterfeiting Laws, Charges & Statute of Limitations (6) "Unmanned teller machine" means a machine, other than a telephone, capable of being operated by a customer, by which a customer may communicate to a financial institution a request to withdraw a benefit for himself or for another directly from the customer's account or from the customer's account under a line of credit previously authorized by the institution for the customer. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 2, eff. New Jersey Statutes 2C:21-1, 2C:21-2 (Forgery) New Jersey Statutes 2C:21-2.4 (Possession of fraudulent receipts) New Jersey Statutes 2C:21-32 (Counterfeiting) New Jersey Statutes 2C: 43-6 . 1413, Sec. (A) printing or any other method of recording information; (B) money, coins, tokens, stamps, seals, credit cards, badges, and trademarks; and. 19.002, eff. September 1, 2011. 2, eff. (d) Subject to Subsection (e-1), an offense under this section is a state jail felony if the writing is or purports to be a will, codicil, deed, deed of trust, mortgage, security instrument, security agreement, credit card, check, authorization to debit an account at a financial institution, or similar sight order for payment of money, contract, release, or other commercial instrument. (b) The value of documents, other than those having a readily ascertainable market value, is: Acts 2019, 86th Leg., R.S., Ch. 837 (S.B. (c) An offense under Subsection (a)(2) is a state jail felony. 232, Sec. 257, Sec. September 1, 2019. (2) uses or claims to hold that military record: (i) obtain priority in receiving services or resources under Subchapter G, Chapter 302, Labor Code; (ii) qualify for a veteran's 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. Sec. Added by Acts 2011, 82nd Leg., R.S., Ch. Taking impressions of tools used for obligations or securities 477. 1251 (H.B. (a) For purposes of this section: (1) "Remove" means transport, without the effective consent of the secured party, from the state in which the property was located when the security interest or lien attached. 1156), Sec. (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. Amended by Acts 1993, 73rd Leg., ch. 2.137, eff. Renumbered from Penal Code, Sec. May 21, 1997; Acts 2003, 78th Leg., ch. 1.01, eff. (2) "Business" includes trade and commerce and advertising, selling, and buying service or property. (c) A person commits an offense if the person knowingly engages in the financial abuse of an elderly individual. 1.01, eff. 32.47. What Is Fraud? Sept. 1, 1979; Acts 1985, 69th Leg., ch. (e) It is an affirmative defense to prosecution for possession under Subsection (a)(6) that the possession occurred in the actual discharge of official duties as a public servant. 914, Sec. (2) "Writing" includes: (A) printing or any other method of recording information; (B) money, coins, tokens, stamps, seals, credit cards, badges, and trademarks; and (C) (g) 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. 1.01, eff. (d) If a court orders a defendant convicted of an offense under this section to make restitution to the victim of the offense, the court may order the defendant to reimburse the victim for lost income or other expenses, other than attorney's fees, incurred as a result of the offense. 1, eff. 2328), Sec. 900, Sec. (a) A person commits an offense if the person knowingly: (1) acquires or maintains an interest in, conceals, possesses, transfers, or transports the proceeds of criminal activity; (2) conducts, supervises, or facilitates a transaction involving the proceeds of criminal activity; Jan. 1, 1974. Jan. 1, 1974. 1, eff. Amended by Acts 1983, 68th Leg., p. 5050, ch. Added by Acts 1997, 75th Leg., ch. (a) In this section: (1) "Agent" means a person authorized to act on behalf of another and includes an employee. (c) For purposes of this section, a person is presumed to have intended to hinder enforcement of the security interest or lien if, when any part of the debt secured by the security interest or lien was due, he failed: (2) if the secured party had made demand, to deliver possession of the secured property to the secured party. Acts 2007, 80th Leg., R.S., Ch. Added by Acts 1989, 71st Leg., ch. September 1, 2015. (B) the card has expired or has been revoked or cancelled; (2) with intent to obtain a benefit, he uses a fictitious credit card or debit card or the pretended number or description of a fictitious card; (3) he receives a benefit that he knows has been obtained in violation of this section; (4) he steals a credit card or debit card or, with knowledge that it has been stolen, receives a credit card or debit card with intent to use it, to sell it, or to transfer it to a person other than the issuer or the cardholder; (5) he buys a credit card or debit card from a person who he knows is not the issuer; (6) not being the issuer, he sells a credit card or debit card; (7) he uses or induces the cardholder to use the cardholder's credit card or debit card to obtain property or service for the actor's benefit for which the cardholder is financially unable to pay; (8) not being the cardholder, and without the effective consent of the cardholder, he possesses a credit card or debit card with intent to use it; (9) he possesses two or more incomplete credit cards or debit cards that have not been issued to him with intent to complete them without the effective consent of the issuer. 837 (S.B. 730, Sec. 5, eff. Current as of April 14, 2021 | Updated by FindLaw Staff. (7) a felony of the first degree if the proceeds obtained from the sale or other disposition are money or goods having a value of $300,000 or more. (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. Theft. Sec. Acts 2005, 79th Leg., Ch. 32.32. Counterfeiting money refers to the act of creating, altering or producing any security or obligation such as currency, bonds, reserve notes and treasury notes of the United States of America. Texas Penal Code - PENAL 32.315 | FindLaw (3) "Protected mark" means a trademark or service mark or an identification mark that is: (A) registered with the secretary of state; (B) registered on the principal register of the United States Patent and Trademark Office; (C) registered under the laws of another state; or. (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. 688), Sec. The term includes the number or description of the device if the device itself is not produced at the time of ordering or obtaining the benefit. 1258), Sec. 1161, Sec. Acts 2009, 81st Leg., R.S., Ch. 32.42. When it comes to check fraud there are a variety of ways that this can happen. 1, eff. (e) A person who is a debtor under a security agreement, and who does not have a right to sell or dispose of the secured property or is required to account to the secured party for the proceeds of a permitted sale or disposition, commits an offense if the person sells or otherwise disposes of the secured property, or does not account to the secured party for the proceeds of a sale or other disposition as required, with intent to appropriate (as defined in Chapter 31) the proceeds or value of the secured property. If written notice was sent by registered or certified mail with return receipt requested, or by telegram with report of delivery requested, addressed to the cardholder at the last address shown by the records of the issuer, it is presumed that the notice was received by the cardholder no later than five days after sent. 1, eff. 351), Sec. 1245, Sec. Renumbered from Penal Code Sec. (a) In this section: (1) "Counterfeit mark" means a mark that is identical to or substantially indistinguishable from a protected mark the use or production of which is not authorized by the owner of the protected mark. Sept. 1, 1995. 1, eff. 399, Sec. 460), Sec. 3, eff. 109), Sec. 113, Sec. (b) An offense under this section is a Class A misdemeanor. September 1, 2007. 900, Sec. 1.01, eff. Added by Acts 1999, 76th Leg., ch. 5, eff. FRAUDULENT TRANSFER OF A MOTOR VEHICLE. (12) making a materially false or misleading statement: (A) in an advertisement for the purchase or sale of property or service; or. STEALING OR RECEIVING STOLEN CHECK OR SIMILAR SIGHT ORDER. Fraud | Texas Penal Code Chapter 32 - Fort Worth Criminal Defense SUBCHAPTER A. (d) An offense under Subsections (b)(7), (b)(8), (b)(9), (b)(10), (b)(11), and (b)(12) is a Class A misdemeanor. You state it is marked that is it fake. (a) A person commits an offense if the person, with the intent to defraud or harm any person: (1) causes another person, without that person's effective consent, to sign or execute any document affecting property or service or the pecuniary interest of any person; or. (b) A person commits an offense if the person, with the intent to harm or defraud another, obtains, possesses, transfers, or uses an item of: (1) identifying information of another person without the other person's consent or effective consent; (2) information concerning a deceased natural person, including a stillborn infant or fetus, that would be identifying information of that person were that person alive, if the item of information is obtained, possessed, transferred, or used without legal authorization; or. (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. (1) A person commits the crime of forgery in the first degree if the person violates ORS 165.007 (Forgery in the second degree): (a) And the written instrument is or purports to be any of the following: (A) Part of an issue of money, securities, postage or revenue stamps, or other valuable instruments issued by a government or governmental agency; 32.45. (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. Added by Acts 1991, 72nd Leg., ch. (5) "Expired debit card" means a debit card bearing as its expiration date a date that has passed. 563 (H.B. 1.01, eff. (b) A person who has signed a security agreement creating a security interest in property or a mortgage or deed of trust creating a lien on property commits an offense if, with intent to hinder enforcement of that interest or lien, he destroys, removes, conceals, encumbers, or otherwise harms or reduces the value of the property. "Counterfeit substance" means a controlled substance that, without authorization, bears or is in a container or has a label that bears an actual or simulated trademark, trade name, or other identifying mark, imprint, number, or device of a . Sept. 1, 1999. Knowingly passing counterfeit currency as real is also illegal. June 16, 1989; Acts 1993, 73rd Leg., ch. FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION. September 1, 2009. Acts 2007, 80th Leg., R.S., Ch. Yes, it is most likely illegal. (1) a Class C misdemeanor if the value of the property misapplied is less than $100; (2) a Class B misdemeanor if the value of the property misapplied is $100 or more but less than $750; (3) a Class A misdemeanor if the value of the property misapplied is $750 or more but less than $2,500; (4) a state jail felony if the value of the property misapplied is $2,500 or more but less than $30,000; (5) a felony of the third degree if the value of the property misapplied is $30,000 or more but less than $150,000; (6) a felony of the second degree if the value of the property misapplied is $150,000 or more but less than $300,000; or. Sept. 1, 2001. (7) felony of the first degree if the amount of the record of a sale is $300,000 or more. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. (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 the offense was committed against an elderly individual as defined by Section 22.04. TEXAS CONTROLLED SUBSTANCES ACT. (7) "Customer convenience terminal" means an unmanned teller machine the use of which does not involve personnel of a financial institution. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1999. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 32.48. 399, Sec. (g) An offense under this section is a Class C misdemeanor. 1.01, eff. Acts 2013, 83rd Leg., R.S., Ch. Sec. Acts 2015, 84th Leg., R.S., Ch. (g) 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. (3) "Commodity" means any tangible or intangible personal property. (1) "Deception" has the meaning assigned by Section 31.01. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1994; Acts 1995, 74th Leg., ch. (b) For purposes of this section, "writing" includes: (1) printing or any other method of recording information; (2) money, coins, tokens, stamps, seals, credit cards, badges, trademarks; (3) symbols of value, right, privilege, or identification; and. 76, Sec. 2018), Sec. (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. Acts 1973, 63rd Leg., p. 883, ch. 32.24. DECEPTIVE BUSINESS PRACTICES. (2) "Document" includes electronically stored data or other information that is retrievable in a readable, perceivable form. Acts 2021, 87th Leg., R.S., Ch. Sec. Acts 1973, 63rd Leg., p. 883, ch. 1, eff. FRAUDULENT USE OR POSSESSION OF CREDIT CARD OR DEBIT CARD INFORMATION. The criminal penalties for using counterfeit money depend on the circumstances of your case. You can avoid a conviction if you can prove that you had no knowledge that the money was counterfeit and you had no criminal intent. September 1, 2009. Jan. 1, 1974. (7) a felony of the first degree if the difference between the impaired writing and the lesser price indicated by the other writing is $300,000 or more. 2328), Sec. 821), Sec. (D) the supply of a motor vehicle or other property for use. Sec. Sept. 1, 1994. Amended by Acts 1993, 73rd Leg., ch. 1104, Sec. 2, eff. (e) Subject to Subsection (e-1), an offense under this section is a felony of the third degree if the writing is or purports to be: (1) part of an issue of money, securities, postage or revenue stamps; (2) a government record listed in Section 37.01(2)(C); or. 3, eff. Texas Penal Code - PENAL 32.21 | FindLaw Jan. 1, 1974. What Is the Penalty for Using Counterfeit Money in Texas? (4) "Credit card" means an identification card, plate, coupon, book, number, or any other device authorizing a designated person or bearer to obtain property or services on credit. 20, eff. (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. (d) It is presumed that a person is not the agent of an authorized vendor if a fee is paid or offered to be paid by the person to the authorized vendor in connection with the vendor's presentment to a creditor of a credit card transaction record. Possessing or selling impressions of tools used for obligations or securities 478. 1396), Sec. September 1, 2021. 716), Sec. 1173 (H.B. (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. 900, Sec. PENAL CODE CHAPTER 34. MONEY LAUNDERING - Texas Constitution and Statutes (iii) to be a copy of an original when no such original existed; (B) to issue, transfer, register the transfer of, pass, publish, or otherwise utter a writing that is forged within the meaning of Paragraph (A); or. 1376, 88th Legislature, Regular Session, for amendments affecting the following section. (2) the actor did not engage in the conduct described by Subsection (a) with respect to that writing for the purpose of obtaining the property for a lesser price indicated by a separate writing. Sept. 1, 1999. Acts 1973, 63rd Leg., p. 883, ch. If the check or similar sight order that was issued or passed was for a child support payment the obligation for which is established under a court order, the offense is a Class B misdemeanor. 399, Sec. (c-1) An offense described for purposes of punishment by Subsections (c)(1)-(3) is increased to the next higher category of offense if it is shown on the trial of the offense that: (1) the offense was committed against an elderly individual as defined by Section 22.04; or. 19.01(87), (88), eff. 21, Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. September 1, 2015. (10) the Texas Department of Housing and Community Affairs. 32.02. TRADEMARK COUNTERFEITING. (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. (2) "Credit card" means an identification card, plate, coupon, book, number, or any other device authorizing a designated person or bearer to obtain property or services on credit. 7.83, eff. (C) to possess a writing that is forged within the meaning of Paragraph (A) with intent to utter it in a manner specified in Paragraph (B). 285 (H.B. 1910, 88th Legislature, Regular Session, for amendments affecting the following section. 1, eff. Can I be charged with possesion of counterfeit money without having the Texas Penal Code - PENAL 32.23 | FindLaw (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. September 1, 2005. 670 (H.B. (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. 189, Sec. September 1, 2009. 1, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 2, eff. 900, Sec. (b) A person commits an offense if the person, with the intent to harm or defraud another, obtains, possesses, transfers, or uses: (1) a counterfeit credit card or debit card; (2) the number and expiration date of a credit card or debit card without the consent of the account holder; or. 631 (H.B. 7, eff. 702, Sec. Consent is not effective if: (B) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable property dispositions; or.
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