(c) It is presumed that a person who used a revoked, cancelled, or expired credit card or debit card had knowledge that the card had been revoked, cancelled, or expired if he had received notice of revocation, cancellation, or expiration from the issuer. Posted on May 10, 2022 It can be. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 21, eff. 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 offense. 1054 (H.B. September 1, 2015. (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. HINDERING SECURED CREDITORS. For example, a person can be charged with check fraud if they: (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) May 21, 1997. (c) An offense under Subsections (b)(1), (b)(2), (b)(3), (b)(4), (b)(5), and (b)(6) is: (1) a Class C misdemeanor if the actor commits an offense with criminal negligence and if he has not previously been convicted of a deceptive business practice; or. 32.52. (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. 1, eff. (2) a Class A misdemeanor if the actor commits an offense intentionally, knowingly, recklessly or if he has been previously convicted of a Class B or C misdemeanor under this section. 1.01, eff. 32.48. 900, Sec. Acts 2015, 84th Leg., R.S., Ch. 32.01. Jan. 1, 1974. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. (C) symbols of value, right, privilege, or identification. 792, Sec. Sec. FORGERY. 709 (H.B. Sec. 1.01, eff. 32.50. 399, Sec. (2) "State military forces" has the meaning assigned by Section 437.001, Government Code. 232, Sec. 1251 (H.B. Sept. 1, 2003. 15, eff. 1413, Sec. Texas Penal Code - PENAL 31.03 | FindLaw 109), Sec. Published: Jul. Real or Fake? (f) It is a defense to prosecution under Subsection (a)(1), (a)(2), or (a)(5) that the false entry or false information could have no effect on the government's . 1, 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 . 1036, Sec. Acts 1973, 63rd Leg., p. 883, ch. Financial exploitation may involve coercion, manipulation, threats, intimidation, misrepresentation, or the exerting of undue influence. (2) "Identification mark" means a data plate, serial number, or part identification number. 32.23. 900, Sec. 900, Sec. Acts 1973, 63rd Leg., p. 883, ch. (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, other than a governmental record. (a) For purposes of this section, "credit" includes: (2) furnishing property or service on credit; (3) extending the due date of an obligation; (4) comaking, endorsing, or guaranteeing a note or other instrument for obtaining credit; (6) a credit card, as defined in Section 32.31 (Credit Card or Debit Card Abuse); and. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. (d) It is a defense to prosecution under Subsection (b)(1) that the entire indebtedness secured by or owed under the security interest, lease, or lien is paid or satisfied in full not later than the 30th day after the date that the transfer was made. Acts 2021, 87th Leg., R.S., Ch. Pending publication of the current statutes, see H.B. (A) obtain money, goods, services, or other thing of value; or (B) initiate a transfer of funds other than a transfer originated solely by paper instrument. (B) initiate a transfer of funds other than a transfer originated solely by paper instrument. Restitution shall be made through the prosecutor's office if collection and processing were initiated through that office. 14, eff. 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. (d) An offense under this section is a state jail felony. Sept. 1, 1995. 2697), Sec. Acts 2013, 83rd Leg., R.S., Ch. (e) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the state Medicaid program. A person is guilty of forgery if he makes a false instrument, with the intention that he or another shall use it to induce somebody to accept it as genuine, and by reason of so accepting it to do. Jan. 1, 1974. (4) "Retail value" means the actor's regular selling price for a counterfeit mark or an item or service that bears or is identified by a counterfeit mark, except that if an item bearing a counterfeit mark is a component of a finished product, the retail value means the actor's regular selling price of the finished product on or in which the component is used, distributed, or sold. SIMULATING LEGAL PROCESS. Added by Acts 1999, 76th Leg., ch. (D) an officer, director, partner, manager, or other participant in the direction of the affairs of a corporation or association. (12) making a materially false or misleading statement: (A) in an advertisement for the purchase or sale of property or service; or. 1396), Sec. (c) A person commits an offense if, without the creditor's authorization, the person employs, solicits, or otherwise causes an authorized vendor or the vendor's agent to present to a creditor, for payment, a credit card transaction record of a sale that was not made by the authorized vendor or the vendor's agent. Sec. May 21, 1997. September 1, 2011. 977 (H.B. 1, eff. September 1, 2015. (b) A person commits an offense if, with intent to make a profit, the person prepares, sells, offers or advertises for sale, or delivers to another person an academic product when the person knows, or should reasonably have known, that a person intends to submit or use the academic product to satisfy an academic requirement of a person other than the person who prepared the product. (2) "Authorized vendor" means a person authorized by a creditor to furnish property, service, or anything else of value upon presentation of a credit card by a cardholder. Texas Penal Code - PENAL 32.21 | FindLaw Health and Safety Code Chapter 481. Texas Controlled Substances Act Acts 2015, 84th Leg., R.S., Ch. 4, eff. 40-13-215. Alleging possession of counterfeit money. :: 2016 1038, Sec. (d) An offense under Subsections (b)(7), (b)(8), (b)(9), (b)(10), (b)(11), and (b)(12) is a Class A misdemeanor. 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. 1, eff. Sept. 1, 1994. September 1, 2013. Jan. 1, 1974. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Acts 2007, 80th Leg., R.S., Ch. (e) Except as provided by Subsection (f), an offense under this section is a Class A misdemeanor. Amended by Acts 1991, 72nd Leg., ch. Can I Be Charged with Forgery for Unknowingly Using Counterfeit Money In order to convict you of forgery for using counterfeit money in Texas, the State must prove beyond a reasonable doubt that you had the intent to commit the crime. Acts 1973, 63rd Leg., p. 883, ch. 3, eff. (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). Acts 2019, 86th Leg., R.S., Ch. Sec. Acts 2011, 82nd Leg., R.S., Ch. 508, Sec. September 1, 2019. September 1, 2017. ISSUANCE OF BAD CHECK OR SIMILAR SIGHT ORDER. 2840), Sec. (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. Added by Acts 2021, 87th Leg., R.S., Ch. 3, eff. PENAL CODE CHAPTER 34. MONEY LAUNDERING - Texas Constitution and Statutes 1, eff. PENAL CODE CHAPTER 32. FRAUD - Texas Constitution and Statutes 1251 (H.B. The chart below provides a summary of statutes related to New Jersey's forgery and counterfeiting laws, including links to important code sections. 5, eff. (3) he authenticates or certifies an object so made or altered as genuine or as different from what it is. Sec. ILLEGAL RECRUITMENT OF AN ATHLETE. May 21, 1997; Acts 2003, 78th Leg., ch. 753, Sec. Acts 2015, 84th Leg., R.S., Ch. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. (B) a trustee, guardian, custodian, administrator, executor, conservator, receiver, or similar fiduciary; (C) a lawyer, physician, accountant, appraiser, or other professional advisor; or. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Abilene police arrest 10 in counterfeit money ring - mySA 2, eff. (g) An offense under this section is not a lesser included offense of an offense under Section 31.03 or 31.04. Share on: Aug. 29, 1983; Acts 1987, 70th Leg., ch. Is it Illegal to Possess Counterfeit Money? - Shouse Law Group (v) gain a position in government with authority over another person, regardless of whether the actor receives compensation for the position. September 1, 2017. 1, eff. 20, eff. September 1, 2012. (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) A person who fails to execute a release of the purported lien or claim within the period prescribed by Subsection (a)(2) is presumed to have had the intent to harm or defraud another. Added by Acts 2019, 86th Leg., R.S., Ch. (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. 1, eff. (d) If it is shown on the trial of an offense under this section that the simulating document was filed with, presented to, or delivered to a clerk of a court or an employee of a clerk of a court created or established under the constitution or laws of this state, there is a rebuttable presumption that the document was delivered with the intent described by Subsection (a). 1396), Sec. Sept. 1, 1994. 2.137, eff. Acts 2007, 80th Leg., R.S., Ch. 1, eff. 1536), Sec. 900, Sec. Statutes. Amended by Acts 1997, 75th Leg., ch. 2018), Sec. 1, eff. Added by Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1999. Sec. (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. September 1, 2019.

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