Title PE, Penal Code

Sec. 31.18. CARGO THEFT. (a) In this section: (1) "Cargo" means goods, as defined by Section 7.102, Business & Commerce Code, that constitute, wholly or partly, a commercial shipment of freight moving in commerce. A shipment is considered to be moving in commerce if the shipment …

Sec. 31.19. THEFT OF PETROLEUM PRODUCT OR OIL AND GAS EQUIPMENT. (a) In this section: (1) "Oil and gas equipment" means machinery, drilling equipment, welding equipment, pipeline equipment, fittings, pumps, vehicles, or other equipment and materials that are part of or incident t…

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 sea…

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 …

Sec. 31.22. UNAUTHORIZED POSSESSION OF CERTAIN COPPER OR BRASS MATERIAL. (a) In this section: (1) "Copper or brass material" has the meaning assigned by Section 1956.001(4)(A) or (B), Occupations Code. (2) "Firearm" has the meaning assigned by Section 46.01. (b) A person commits …

Sec. 31.23. REAL PROPERTY THEFT. (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04. (2) "Nonpossessory interest" includes an interest that may be conveyed by a quitclaim deed or conditional transfer. (3) "Owner" in…

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 …

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…

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 i…

Sec. 32.21. FORGERY. (a) For purposes of this section: (1) "Forge" means: (A) to alter, make, complete, execute, or authenticate any writing so that it purports: (i) to be the act of another who did not authorize that act; (ii) to have been executed at a time or place or in a num…

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)…

Sec. 32.23. TRADEMARK COUNTERFEITING. (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. (2) "Identification ma…

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…

Sec. 32.31. CREDIT CARD OR DEBIT CARD ABUSE. (a) For purposes of this section: (1) "Cardholder" means the person named on the face of a credit card or debit card to whom or for whose benefit the card is issued. (2) "Credit card" means an identification card, plate, coupon, book, …

Sec. 32.315. FRAUDULENT USE OR POSSESSION OF CREDIT CARD OR DEBIT CARD INFORMATION. (a) In this section: (1) "Counterfeit credit card or debit card" means a: (A) credit card or debit card that: (i) purports on its face to have been issued by an issuer that did not issue the card;…

Sec. 32.32. FALSE STATEMENT TO OBTAIN PROPERTY OR CREDIT OR IN THE PROVISION OF CERTAIN SERVICES. (a) For purposes of this section, "credit" includes: (1) a loan of money; (2) furnishing property or service on credit; (3) extending the due date of an obligation; (4) comaking, end…

Sec. 32.33. HINDERING SECURED CREDITORS. (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. (2) "Security interest" means…

Sec. 32.34. FRAUDULENT TRANSFER OF A MOTOR VEHICLE. (a) In this section: (1) "Lease" means the grant of use and possession of a motor vehicle for consideration, whether or not the grant includes an option to buy the vehicle. (2) "Motor vehicle" means a device in, on, or by which …

Sec. 32.35. CREDIT CARD TRANSACTION RECORD LAUNDERING. (a) In this section: (1) "Agent" means a person authorized to act on behalf of another and includes an employee. (2) "Authorized vendor" means a person authorized by a creditor to furnish property, service, or anything else o…

Sec. 32.41. ISSUANCE OF BAD CHECK OR SIMILAR SIGHT ORDER. (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 p…

Sec. 32.42. DECEPTIVE BUSINESS PRACTICES. (a) For purposes of this section: (1) "Adulterated" means varying from the standard of composition or quality prescribed by law or set by established commercial usage. (2) "Business" includes trade and commerce and advertising, selling, a…

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 fiduc…

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 …

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 an…

Sec. 32.45. MISAPPLICATION OF FIDUCIARY PROPERTY OR PROPERTY OF FINANCIAL INSTITUTION. (a) For purposes of this section: (1) "Fiduciary" includes: (A) a trustee, guardian, administrator, executor, conservator, and receiver; (B) an attorney in fact or agent appointed under a durab…

Sec. 32.46. FRAUDULENT SECURING OF DOCUMENT EXECUTION. (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 o…

Sec. 32.47. FRAUDULENT DESTRUCTION, REMOVAL, OR CONCEALMENT OF WRITING. (a) A person commits an offense if, with intent to defraud or harm another, he destroys, removes, conceals, alters, substitutes, or otherwise impairs the verity, legibility, or availability of a writing, othe…

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 perso…

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 interes…

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 su…

Sec. 32.51. FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION. (a) In this section: (1) "Identifying information" means information that alone or in conjunction with other information identifies a person, including a person's: (A) name and date of birth; (B) unique biometri…

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…

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 i…

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…

Sec. 32.55. FINANCIAL ABUSE OF ELDERLY INDIVIDUAL. (a) In this section: (1) "Elderly individual" has the meaning assigned by Section 22.04. (2) "Financial abuse" means the wrongful taking, appropriation, obtaining, retention, or use of, or assisting in the wrongful taking, approp…

Sec. 32.56. FINANCIAL ABUSE USING ARTIFICIALLY GENERATED MEDIA OR PHISHING. (a) In this section: (1) "Artificially generated media" has the meaning assigned by Section 100B.001, Civil Practice and Remedies Code. (2) "Financial abuse" has the meaning assigned by Section 32.55. (b)…

Sec. 32.57. FRAUDULENT SALE, RENTAL, OR LEASE OF RESIDENTIAL REAL PROPERTY. (a) A person commits an offense if the person knowingly: (1) lists or advertises for sale, rent, or lease residential real property while knowing that the person offering to sell, rent, or lease the prope…

Sec. 32.60. REAL PROPERTY FRAUD. (a) In this section: (1) "Deception" has the meaning assigned by Section 31.01. (2) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04. (3) "Document" and "effective consent" have the meanings assigned by Se…

Sec. 32.61. MALICIOUS SOLICITATION OF DISASTER VICTIM OR FOR DISASTER RESPONSE OR RECOVERY. (a) In this section: (1) "Disaster" has the meaning assigned by Section 418.004, Government Code. (2) "Disaster volunteer" means a person who provides or offers to provide a service at no …

Sec. 33.01. DEFINITIONS. In this chapter: (1) "Access" means to approach, instruct, communicate with, store data in, retrieve or intercept data from, alter data or computer software in, or otherwise make use of any resource of a computer, computer network, computer program, or co…

Sec. 33.02. BREACH OF COMPUTER SECURITY. (a) A person commits an offense if the person knowingly accesses a computer, computer network, or computer system without the effective consent of the owner. (b) An offense under Subsection (a) is a Class B misdemeanor, except that the off…

Sec. 33.021. ONLINE SOLICITATION OF A MINOR. (a) In this section: (1) "Minor" means: (A) an individual who is younger than 17 years of age; or (B) an individual whom the actor believes to be younger than 17 years of age. (2) "Sexual contact," "sexual intercourse," and "deviate se…

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 with…

Sec. 33.023. ELECTRONIC DATA TAMPERING. (a) In this section, "ransomware" means a computer contaminant or lock that restricts access by an unauthorized person to a computer, computer system, or computer network or any data in a computer, computer system, or computer network under…

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…

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 engag…