FRAUD

TEXAS PENAL CODE
TITLE 7. OFFENSES AGAINST THE PROPERTY
CHAPTER 32. FRAUD

The following is a brief explanation of Chapter 32 of the Texas Penal Code regarding FRAUD. This is not to be construed as legal advice for any particular case. See also the full text of the Chapter 32 Fraud.

What is FORGERY?

Chapter 32 of the Texas Penal Code governs the crime of FORGERY in Texas.

Under Section 32.21, FORGERY is defined as follows:

• A FORGERY is to make a writing appear that it is from a person other than the person who created it with the intent to defraud or harm another.

FORGERY is a state jail felony punishable by confinement for 180 days t0 2 years in a State Jail facility and a fine up to $10,000 if the item being forged is a will, codicil, deed, deed of trust, mortgage, security instrument, security agreement, credit card, check, authorization to debit and account at a financial institutions, or a similar sight order for payment of money, contract, release, or other commercial instrument.

FORGERY is a felony of the third degree if it is a forgery of money, securities, postage or revenue stamps, government record, or stock, bonds, or other instruments representing interests in or claims against another person.

*An offense under this section is increased to the next higher category of offense if it was committed against an elderly individual.
*There is also a presumption of intent to defraud or harm if the offender makes 2 writings of the same type and if each is a government record.

What is CRIMINAL SIMULATION?

Chapter 32 of the Texas Penal Code governs the crime of CRIMINAL SIMULATION in Texas.

Under Section 32.22, CRIMINAL SIMULATION is defined as follows:

• A CRIMINAL SIMULATION is to alter, possess, sell, or authenticate an object so that it seems to have value that it does not with the intent to defraud or harm another.

CRIMINAL SIMULATION is a Class A misdemeanor punishable by confinement in the County jail up to 1 year and a fine of up to $4,000.

What is TRADEMARK COUNTERFEITING?

Chapter 32 of the Texas Penal Code governs the crime of TRADEMARK COUNTERFEITING in Texas.

Under Section 32.23, TRADEMARK COUNTERFEITING is defined as follows:

• A TRADEMARK COUNTERFEITING offense is when a person intentionally manufactures, displays, advertises, distributes, offers for sale, sells, or possesses with intent to sell or distribute a counterfeit mark or an item or service that displays the counterfeited mark.

TRADEMARK COUNTERFEITING is a:
(1)  Class C misdemeanor if the retail value of the item or service is less than $100;
(2)  Class B misdemeanor if the retail value of the item or service is $100 or more but less than $750;
(3)  Class A misdemeanor if the retail value of the item or service is $750 or more but less than $2,500;
(4)  state jail felony if the retail value of the item or service is $2,500 or more but less than $30,000;
(5)  felony of the third degree if the retail value of the item or service is $30,000 or more but less than $150,000;
(6)  felony of the second degree if the retail value of the item or service is $150,000 or more but less than $300,000; or
(7)  felony of the first degree if the retail value of the item or service is $300,000 or more.
*When the items or service are part of a scheme or continuing course of conduct the value may be combined to determine the level of offense.

What is STEALING or RECEIVING STOLEN CHECK or SIMILAR SIGHT ORDER?

Chapter 32 of the Texas Penal Code governs the crime of STEALING or RECEIVING STOLEN CHECK or SIMILAR SIGHT ORDER in Texas.

Under Section 32.24, STEALING or RECEIVING STOLEN CHECK or SIMILAR SIGHT ORDER is defined as follows:

• STEALING or RECEIVING STOLEN CHECK or SIMILAR SIGHT ORDER is when a person steals an unsigned check or receives and unsigned check or similar sight order with the knowledge that it was stolen.

STEALING or RECEIVING STOLEN CHECK or SIMILAR SIGHT ORDER is a Class A misdemeanor punishable by confinement of 1 year and a fine of up to $4,000.

What is CREDIT CARD or DEBIT CARD ABUSE?

Chapter 32 of the Texas Penal Code governs the crime of CREDIT CARD or DEBIT CARD ABUSE in Texas.

Under Section 32.31, CREDIT CARD or DEBIT CARD ABUSE is defined as follows:

• CREDIT CARD or DEBIT CARD ABUSE is when a person uses a debit or credit card, whether expired or not, that the owner of that card did not consent to that cards use.

CREDIT CARD or DEBIT CARD ABUSE is a state jail felony punishable by 180 days to 2 years in a state jail facility and up to a $10,000 fine.

*If CREDIT CARD or DEBIT CARD ABUSE is committed against an elderly individual the offense is a third degree felony, which is punishable by 2 to 10 years confinement and up to a $10,000 fine.

What is FALSE STATEMENT TO OBTAION PROPERTY or CREDIT or IN THE PROVISON OF CERTAIN SERVICES?

Chapter 32 of the Texas Penal Code governs the crime of FALSE STATEMENT TO OBTAION PROPERTY or CREDIT or IN THE PROVISON OF CERTAIN SERVICES in Texas.

Under Section 32.32, FALSE STATEMENT TO OBTAIN PROPERTY or CREDIT or IN THE PROVISION OF CERTAIN SERVICES is defined as follows:

• FALSE STATEMENT TO OBTAIN PROPERTY or CREDIT or IN THE PROVISION OF CERTAIN SERVICES is when a person knowingly makes a false statement, either spoken or written, to obtain property or credit, which includes mortgage loan.

FALSE STATEMENT TO OBTAIN PROPERTY or CREDIT or IN THE PROVISION OF CERTAIN SERVICES is:
(1)  a Class C misdemeanor if the value of the property or the amount of credit is less than $100;
(2)  a Class B misdemeanor if the value of the property or the amount of credit is $100 or more but less than $750;
(3)  a Class A misdemeanor if the value of the property or the amount of credit is $750 or more but less than $2,500;
(4)  a state jail felony if the value of the property or the amount of credit is $2,500 or more but less than $30,000;
(5)  a felony of the third degree if the value of the property or the amount of credit is $30,000 or more but less than $150,000;
(6)  a felony of the second degree if the value of the property or the amount of credit is $150,000 or more but less than $300,000; or
(7)  a felony of the first degree if the value of the property or the amount of credit is $300,000 or more.

What is HINDERING SECURED CREDITORS?

Chapter 32 of the Texas Penal Code governs the crime of HINDERING SECURED CREDITORS in Texas.

Under Section 32.33, HINDERING SECURED CREDITORS is defined as follows:

• HINDERING SECURED CREDITORS is when a person destroys, removes, conceals, encumbers, or otherwise harms or reduces the value of the property with the intent to prevent the creditor from enforcing their interest in the property or the lien.

HINDERING SECURED CREDITORS is:
(1)  Class C misdemeanor if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is less than $100;
(2)  Class B misdemeanor if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is $100 or more but less than $750;
(3)  Class A misdemeanor if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is $750 or more but less than $2,500;
(4)  state jail felony if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is $2,500 or more but less than $30,000;
(5)  felony of the third degree if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is $30,000 or more but less than $150,000;
(6)  felony of the second degree if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is $150,000 or more but less than $300,000; or
(7)  felony of the first degree if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is $300,000 or more.

What is FRAUDULENT TRANSFER of a MOTOR VEHICLE?

Chapter 32 of the Texas Penal Code governs the crime of FRAUDULENT TRANSFER OF A MOTOR VEHICLE in Texas.

Under Section 32.34, FRAUDULENT TRANSFER of a MOTOR VEHICLE is defined as follows:

• A FRAUDULENT TRANSFER of a MOTOR VEHICLE is when a person wrongfully acquires a motor vehicle by fraudulent means.

A FRAUDULENT TRANSFER of a MOTOR VEHICLE is:
(1)  a state jail felony if the value of the motor vehicle is less than $30,000;
(2)  a felony of the third degree if the value of the motor vehicle is $30,000 or more but less than $150,000;
(3)  a felony of the second degree if the value of the motor vehicle is $150,000 or more but less than $300,000; or
(4)  a felony of the first degree if the value of the motor vehicle is $300,000 or more.

What is CREDIT CARD TRANSACTION RECORD LAUNDERING?

Chapter 32 of the Texas Penal Code governs the crime of CREDIT CARD TRANSACTION RECORD LAUNDERING in Texas.

Under Section 32.35, CREDIT CARD TRANSACTION RECORD LAUNDERING is defined as follows:

• CREDIT CARD TRANSACTION RECORD LAUNDERING is when a person presents a fraudulent record of a sale in order to receive payment from a credit card company.

CREDIT CARD TRANSACTION RECORD LAUNDERING is:
(1)  Class C misdemeanor if the amount of the record of a sale is less than $100;
(2)  Class B misdemeanor if the amount of the record of a sale is $100 or more but less than $750;
(3)  Class A misdemeanor if the amount of the record of a sale is $750 or more but less than $2,500;
(4)  state jail felony if the amount of the record of a sale is $2,500 or more but less than $30,000;
(5)  felony of the third degree if the amount of the record of a sale is $30,000 or more but less than $150,000;
(6)  felony of the second degree if the amount of the record of a sale is $150,000 or more but less than $300,000; or
(7)  felony of the first degree if the amount of the record of a sale is $300,000 or more.

What is ISSUANCE of BAD CHECK or SIMILAR SIGHT ORDER?

Chapter 32 of the Texas Penal Code governs the crime of ISSUANCE of BAD CHECK or SIMILAR SIGHT ORDER in Texas.

Under Section 32.41, ISSUANCE of BAD CHECK or SIMILAR SIGHT ORDER is defined as follows:

• An ISSUANCE of BAD CHECK or SIMILAR SIGHT ORDER is when a person knowingly writes a check without having enough money in their account to pay for the item or service.

ISSUANCE of BAD CHECK or SIMILAR SIGHT ORDER is a Class C misdemeanor punishable by a fine of not more than $500.

What is DECEPTIVE BUSINESS PRACTICES?

Chapter 32 of the Texas Penal Code governs the crime of DECEPTIVE BUSINESS PRACTICES in Texas.

Under Section 32.42, DECEPTIVE BUSINESS PRACTICES is defined as follows:

• DECEPTIVE BUSINESS PRACTICES is when a business owner or representative intentionally, knowingly, or recklessly sells an item or service that does not meet with the standards or quality that was advertised.

DECEPTIVE BUSINESS PRACTICES can be up to a Class A misdemeanor punishable by a fine up to $4,000 and confinement up to 1 year.

What is COMMERCIAL BRIBERY?

Chapter 32 of the Texas Penal Code governs the crime of COMMERCIAL BRIBERY in Texas.

Under Section 32.43, COMMERCIAL BRIBERY is defined as follows:

• COMMERCIAL BRIBERY is when an employee receives a benefit with the understanding that the benefit will influence the conduct of the employee who received the benefit.

COMMERCIAL BRIBERY is a state jail felony punishable by a fine up to $10,000 and confinement from 180 days to 2 years in a State Jail facility.

What is RIGGING PUBLICLY EXHIBITED CONTEST?

Chapter 32 of the Texas Penal Code governs the crime of RIGGING PUBLICLY EXIBITED CONTEST in Texas.

Under Section 32.44, RIGGING PUBLICLY EXHIBITED CONTEST is defined as follows:

• RIGGING PUBLICLY EXHIBITED CONTEST is when a person intends to influence the outcome of a contest by offering a benefit or threatening harm to a person who can affect the outcome.

RIGGING PUBLICLY EXHIBITED CONTEST is a Class A misdemeanor with a fine of up to $4000 and confinement of up to 1 year.

What is ILLEGAL RECRUITMENT of an ATHLETE?

Chapter 32 of the Texas Penal Code governs the crime of ILLEGAL RECRUITMENT of an ATHLETE in Texas.

Under Section 32.441, ILLEGAL RECRUITMENT of an ATHLETE is defined as follows:

• ILLEGAL RECRUITMENT of an ATHLETE is when a person intends to influence the decision of a potential intercollegiate athlete of which institution the athlete will choose by offering the athlete benefit.

ILLEGAL RECRUITMENT of an ATHLETE is:
(1)  Class C misdemeanor if the value of the benefit is less than $100;
(2)  Class B misdemeanor if the value of the benefit is $100 or more but less than $750;
(3)  Class A misdemeanor if the value of the benefit is $750 or more but less than $2,500;
(4)  state jail felony if the value of the benefit is $2,500 or more but less than $30,000;
(5)  felony of the third degree if the value of the benefit is $30,000 or more but less than $150,000;
(6)  felony of the second degree if the value of the benefit is $150,000 or more but less than $300,000; or
(7)  felony of the first degree if the value of the benefit is $300,000 or more.

What is MISAPPLICATION of FIDUCIARY PROPERTY or PROBERTY of FINANCIAL INSTITUTION?

Chapter 32 of the Texas Penal Code governs the crime of MISAPPLICATION of FIDUCIARY PROPERTY of PROPERY of FINANCIAL INSTITUION in Texas.

Under Section 32.45, MISAPPLICATION of FIDUCIARY PROPERTY of PROPERTY of FINANCIAL INSTITUTION is defined as follows:

• MISAPPLICATION of FIDUCIARY PROPERTY of PROPERTY of FINANCIAL INSTITUTION is when a person who is holding the property of another and breaks the agreement that the original owner and the holder had.

MISAPPLICATION of FIDUCIARY PROPERTY of PROPERTY of FINANCIAL INSTITUTION is:
(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
(7)  a felony of the first degree if the value of the property misapplied is $300,000 or more.

What is SECURING EXECUTION of DOCUMENT BY DECEPTION?

Chapter 32 of the Texas Penal Code governs the crime of SECURING EXECUTION of DOCUMENT BY DECEPTION in Texas.

Under Section 32.46, SECURING EXECUTION of DOCUMENT BY DECEPTION is defined as follows:

• SECURING EXECUTION of DOCUMENT BY DECEPTION is when a person causes another to sign a document by fraudulent means.

SECURING EXECUTION of DOCUMENT BY DECEPTION is a:
(1)  Class C misdemeanor if the value of the property, service, or pecuniary interest is less than $100;
(2)  Class B misdemeanor if the value of the property, service, or pecuniary interest is $100 or more but less than $750;
(3)  Class A misdemeanor if the value of the property, service, or pecuniary interest is $750 or more but less than $2,500;
(4)  state jail felony if the value of the property, service, or pecuniary interest is $2,500 or more but less than $30,000;
(5)  felony of the third degree if the value of the property, service, or pecuniary interest is $30,000 or more but less than $150,000;
(6)  felony of the second degree if the value of the property, service, or pecuniary interest is $150,000 or more but less than $300,000; or
(7)  felony of the first degree if the value of the property, service, or pecuniary interest is $300,000 or more.

What is FRAUDULENT DESTRUCTION, REMOVAL, or CONCEALMENT of WRITING?

Chapter 32 of the Texas Penal Code governs the crime of FRAUDULENT DESTRUCTION, REMOVAL, or CONCEALMENT of WRITING in Texas.

Under Section 32.47, FRAUDULENT DESTRUCTION, REMOVAL, or CONCEALMENT of WRITING is defined as follows:

• FRAUDULENT DESTRUCTION, REMOVAL, or CONCEALMENT of WRITING is when a person intends to influence the outcome of a contest by offering a benefit or threatening harm to a person who can affect the outcome.

FRAUDULENT DESTRUCTION, REMOVAL, or CONCEALMENT of WRITING is a Class A misdemeanor with a fine of up to $4,000 and confinement of up to 1 year. Unless is a document subject to public filing then it is a state jail felony with a fine of up to $10,000 and confinement in a State Jail facility between 180 days and 2 years.

What is SIMULATING LEGAL PROCESS?

Chapter 32 of the Texas Penal Code governs the crime of SIMULATING LEGAL PROCESS in Texas.

Under Section 32.48, SIMULATING LEGAL PROCESS is defined as follows:

• SIMULATING LEGAL PROCESS is when a person causes to be delivered any document that simulates a legal document.

SIMULATING LEGAL PROCESS is a Class A misdemeanor with a fine of up to $4000 and confinement of up to 1 year in the county jail.

What is REFUSAL to EXECUTE RELEASE of FRAUDULENT LEIN or CLAIM?

Chapter 32 of the Texas Penal Code governs the crime of REFUSAL to EXECUTE RELEASE of FRAUDULENT LIEN or CLAIM in Texas.

Under Section 32.49, REFUSAL to EXECUTE RELEASE of FRAUDULENT LIEN or CLAIM is defined as follows:

• REFUSAL to EXECUTE RELEASE of FRAUDULENT LIEN or CLAIM is when a person who owns or is holding another’s personal property, after being informed that the holder has no claim to the property does not return it within 21 days.

REFUSAL to EXECUTE RELEASE of FRAUDULENT LIEN or CLAIM is a Class A misdemeanor with a fine of up to $4,000 and confinement of up to 1 year.

What is DECEPTIVE PREPARATION and MARKETING of ACADEMIC PRODUCT?

Chapter 32 of the Texas Penal Code governs the crime of DECEPTIVE PREPARATION and MARKETING of ACADEMIC PRODUCT in Texas.

Under Section 32.50, DECEPTIVE PREPARATION and MARKETING of ACADEMIC PRODUCT is defined as follows:

• DECEPTIVE PREPARATION and MARKETING of ACADEMIC PRODUCT is when a person creates and sells or offers for sale an academic product the buyer intends to submit at their own.

DECEPTIVE PREPARATION and MARKETING of ACADEMIC PRODUCT is a Class C misdemeanor with a fine of up to $500.

What is FRAUDULENT USE or POSSESSION of IDENTIFYING INFORMATION?

Chapter 32 of the Texas Penal Code governs the crime of FRAUDULENT USE of POSSESSION of IDENTIFYING INFORMATION in Texas.

Under Section 32.51, FRAUDULENT USE of POSSESSION of IDENTIFYING INFORMATION is defined as follows:

• FRAUDULENT USE or POSSESSION of IDENTIFYING INFORMATION is when a person possesses the identifying information of another without their consent with the intent to defraud them.

FRAUDULENT USE of POSSESSION of IDENTIFYING INFORMATION is:
(1)  a state jail felony if the number of items obtained, possessed, transferred, or used is less than five;
(2)  a felony of the third degree if the number of items obtained, possessed, transferred, or used is five or more but less than 10;
(3)  a felony of the second degree if the number of items obtained, possessed, transferred, or used is 10 or more but less than 50; or
(4)  a felony of the first degree if the number of items obtained, possessed, transferred, or used is 50 or more.
*The offense is increased to the next higher category if it is committed against an elderly person

What is FRAUDULENT, SUBSTANDARD, or FICTITIOUS DEGREE?

Chapter 32 of the Texas Penal Code governs the crime of FRAUDULENT, SUBSTANDARD, or FICTITIOUS DEGREE in Texas.

Under Section 32.52, FRAUDULENT, SUBSTANDARD, or FICTITIOUS DEGREE is defined as follows:

• FRAUDULENT, SUBSTANDARD, or FICTITIOUS DEGREE is when a person uses a false degree to receive financial gain.

FRAUDULENT, SUBSTANDARD, or FICTITIOUS DEGREE is a Class B misdemeanor with a fine of up to $2000 and confinement of up to 180 days.

What is EXPLOITATION of CHILD, ELDERLY INDIVIDUAL, or DISABLED INDIVIDUAL?

Chapter 32 of the Texas Penal Code governs the crime of EXPLOITATION of CHILD, ELDERLY INDIVIDUAL, or DISABLED INDIVIDUAL in Texas.

Under Section 32.53, EXPLOITATION of CHILD, ELDERLY INDIVIDUAL, or DISABLED INDIVIDUAL is defined as follows:

• EXPLOITATION of CHILD, ELDERLY INDIVIDUAL, or DISABLED INDIVIDUAL is when a person improperly uses a child, elderly or disabled individual for personal gain.

EXPLOITATION of CHILD, ELDERLY INDIVIDUAL, or DISABLED INDIVIDUAL is a felony of the third degree with a fine of up to $10,000 and confinement from 2 to 10 years in prison.

What is FRAUDULENT or FICTITIOUS MILITARY RECORD?

Chapter 32 of the Texas Penal Code governs the crime of FRAUDULENT or FICTITIOUS MILITARY RECORD in Texas.

Under Section 32.54, FRAUDULENT or FICTITIOUS MILITARY RECORD is defined as follows:

• FRAUDULENT or FICTITIOUS MILITARY RECORD is when a person fabricates parts or all of a military record to obtain benefit.

FRAUDULENT or FICTITIOUS MILITARY RECORD is a Class B misdemeanor with a fine of up to $2,000 and confinement of up to 180 days.