PENAL CODE
CHAPTER 32. FRAUD
SUBCHAPTER A. GENERAL PROVISIONS
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 as
a place for deposit of funds or medium of savings or collective investment.
(2) "Property" means:
(A) real property;
(B) tangible or intangible personal property including anything severed from land; or
(C) a document, including money, that represents or embodies anything of value.
(3) "Service" includes:
(A) labor and professional service;
(B) telecommunication, public utility, and transportation service;
(C) lodging, restaurant service, and entertainment; and
(D) the supply of a motor vehicle or other property for use.
(4) "Steal" means to acquire property or service by theft.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts
1993, 73rd Leg., ch. 900, Sec. 1.01,
eff. Sept. 1, 1994.
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 cost of replacing
the property within a reasonable
time after the offense.
(b) The value of documents, other than those having a readily ascertainable market
value, is:
(1) the amount due and collectible at maturity less any part that has been satisfied, if
the document constitutes
evidence of a debt; or
(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.
(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 $500 or more but less than
$1,500.
(d) If the actor proves by a preponderance of the evidence that he gave consideration
for or had a legal interest in the
property or service stolen, the amount of the consideration or the value of the interest
so proven shall be deducted from
the value of the property or service ascertained under Subsection (a), (b), or (c) to
determine value for purposes of this
chapter.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts
1993, 73rd Leg., ch. 900, Sec. 1.01,
eff. Sept. 1, 1994.
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 in determining the grade of
offense.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts
1993, 73rd Leg., ch. 900, Sec. 1.01,
eff. Sept. 1, 1994.
SUBCHAPTER B. FORGERY
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 numbered sequence other than was
in fact the case; or
(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
(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).
(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) symbols of value, right, privilege, or identification.
(b) A person commits an offense if he forges a writing with intent to defraud or harm
another.
(c) Except as provided in Subsections (d) and (e) an offense under this section is a Class
A misdemeanor.
(d) 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.
(e) 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) other instruments issued by a state or national government or by a subdivision of
either, or part of an issue of
stock, bonds, or other instruments representing interests in or claims against another
person.
(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 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts
1991, 72nd Leg., ch. 113, Sec. 2, eff.
Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997,
75th Leg., ch. 189, Sec. 1, eff.
May 21, 1997; Acts 2003, 78th Leg., ch. 1104, Sec. 1, eff. Sept. 1, 2003.
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) he possesses an object so made or altered, with intent to sell, pass, or otherwise
utter it; or
(3) he authenticates or certifies an object so made or altered as genuine or as different
from what it is.
(b) An offense under this section is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts
1993, 73rd Leg., ch. 900, Sec. 1.01,
eff. Sept. 1, 1994.
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 mark" means a data plate, serial number, or part identification
number.
(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
(D) protected by Section 16.30, Business & Commerce Code, or by 36 U.S.C. Section
371 et seq.
(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.
(5) "Service mark" has the meaning assigned by Section 16.01, Business & Commerce
Code.
(6) "Trademark" has the meaning assigned by Section 16.01, Business & Commerce
Code.
(b) A person commits an offense if the 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:
(1) bears or is identified by a counterfeit mark; or
(2) the person knows or should have known bears or is identified by a counterfeit
mark.
(c) A state or federal certificate of registration of intellectual property is prima facie
evidence of the facts stated in the
certificate.
(d) For the purposes of Subsection (e), when items or services are the subject of
counterfeiting in violation of this
section pursuant to one scheme or continuing course of conduct, the conduct may be
considered as one offense and the
retail value of the items or services aggregated in determining the grade of offense.
(e) An offense under this section is a:
(1) Class C misdemeanor if the retail value of the item or service is less than $20;
(2) Class B misdemeanor if the retail value of the item or service is $20 or more but
less than $500;
(3) Class A misdemeanor if the retail value of the item or service is $500 or more but
less than $1,500;
(4) state jail felony if the retail value of the item or service is $1,500 or more but less
than $20,000;
(5) felony of the third degree if the retail value of the item or service is $20,000 or
more but less than $100,000;
(6) felony of the second degree if the retail value of the item or service is $100,000 or
more but less than $200,000; or
(7) felony of the first degree if the retail value of the item or service is $200,000 or
more.
Added by Acts 1997, 75th Leg., ch. 1161, Sec. 2, eff. Sept. 1, 1997.
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 with intent to use it, to sell it, or to
transfer it to a person other than
the person from whom the check or sight order was stolen.
(b) An offense under this section is a Class A misdemeanor.
Added by Acts 1999, 76th Leg., ch. 1413, Sec. 1, eff. Sept. 1, 1999.
005.
CHAPTER 32. FRAUD
SUBCHAPTER A. GENERAL PROVISIONS
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 as
a place for deposit of funds or medium of savings or collective investment.
(2) "Property" means:
(A) real property;
(B) tangible or intangible personal property including anything severed from land; or
(C) a document, including money, that represents or embodies anything of value.
(3) "Service" includes:
(A) labor and professional service;
(B) telecommunication, public utility, and transportation service;
(C) lodging, restaurant service, and entertainment; and
(D) the supply of a motor vehicle or other property for use.
(4) "Steal" means to acquire property or service by theft.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts
1993, 73rd Leg., ch. 900, Sec. 1.01,
eff. Sept. 1, 1994.
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 cost of replacing
the property within a reasonable
time after the offense.
(b) The value of documents, other than those having a readily ascertainable market
value, is:
(1) the amount due and collectible at maturity less any part that has been satisfied, if
the document constitutes
evidence of a debt; or
(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.
(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 $500 or more but less than
$1,500.
(d) If the actor proves by a preponderance of the evidence that he gave consideration
for or had a legal interest in the
property or service stolen, the amount of the consideration or the value of the interest
so proven shall be deducted from
the value of the property or service ascertained under Subsection (a), (b), or (c) to
determine value for purposes of this
chapter.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts
1993, 73rd Leg., ch. 900, Sec. 1.01,
eff. Sept. 1, 1994.
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 in determining the grade of
offense.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts
1993, 73rd Leg., ch. 900, Sec. 1.01,
eff. Sept. 1, 1994.
SUBCHAPTER B. FORGERY
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 numbered sequence other than was
in fact the case; or
(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
(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).
(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) symbols of value, right, privilege, or identification.
(b) A person commits an offense if he forges a writing with intent to defraud or harm
another.
(c) Except as provided in Subsections (d) and (e) an offense under this section is a Class
A misdemeanor.
(d) 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.
(e) 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) other instruments issued by a state or national government or by a subdivision of
either, or part of an issue of
stock, bonds, or other instruments representing interests in or claims against another
person.
(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 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts
1991, 72nd Leg., ch. 113, Sec. 2, eff.
Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997,
75th Leg., ch. 189, Sec. 1, eff.
May 21, 1997; Acts 2003, 78th Leg., ch. 1104, Sec. 1, eff. Sept. 1, 2003.
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) he possesses an object so made or altered, with intent to sell, pass, or otherwise
utter it; or
(3) he authenticates or certifies an object so made or altered as genuine or as different
from what it is.
(b) An offense under this section is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts
1993, 73rd Leg., ch. 900, Sec. 1.01,
eff. Sept. 1, 1994.
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 mark" means a data plate, serial number, or part identification
number.
(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
(D) protected by Section 16.30, Business & Commerce Code, or by 36 U.S.C. Section
371 et seq.
(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.
(5) "Service mark" has the meaning assigned by Section 16.01, Business & Commerce
Code.
(6) "Trademark" has the meaning assigned by Section 16.01, Business & Commerce
Code.
(b) A person commits an offense if the 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:
(1) bears or is identified by a counterfeit mark; or
(2) the person knows or should have known bears or is identified by a counterfeit
mark.
(c) A state or federal certificate of registration of intellectual property is prima facie
evidence of the facts stated in the
certificate.
(d) For the purposes of Subsection (e), when items or services are the subject of
counterfeiting in violation of this
section pursuant to one scheme or continuing course of conduct, the conduct may be
considered as one offense and the
retail value of the items or services aggregated in determining the grade of offense.
(e) An offense under this section is a:
(1) Class C misdemeanor if the retail value of the item or service is less than $20;
(2) Class B misdemeanor if the retail value of the item or service is $20 or more but
less than $500;
(3) Class A misdemeanor if the retail value of the item or service is $500 or more but
less than $1,500;
(4) state jail felony if the retail value of the item or service is $1,500 or more but less
than $20,000;
(5) felony of the third degree if the retail value of the item or service is $20,000 or
more but less than $100,000;
(6) felony of the second degree if the retail value of the item or service is $100,000 or
more but less than $200,000; or
(7) felony of the first degree if the retail value of the item or service is $200,000 or
more.
Added by Acts 1997, 75th Leg., ch. 1161, Sec. 2, eff. Sept. 1, 1997.
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 with intent to use it, to sell it, or to
transfer it to a person other than
the person from whom the check or sight order was stolen.
(b) An offense under this section is a Class A misdemeanor.
Added by Acts 1999, 76th Leg., ch. 1413, Sec. 1, eff. Sept. 1, 1999.
005.
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