2, eff. CRIMINAL SIMULATION. 32.50. Added by Acts 1999, 76th Leg., ch. Acts 2009, 81st 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 a mortgage loan. 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. 900, Sec. If you fail to make payment in full within 10 days after the date of receipt of this notice, the failure to pay creates a presumption for committing an offense, and this matter may be referred for criminal prosecution.". (7) a felony of the first degree if the value of the property misapplied is $300,000 or more. (3) "Commodity" means any tangible or intangible personal property. (2) "Motor vehicle" means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks. Acts 2007, 80th Leg., R.S., Ch. Texas Penal Code - PENAL 31.03 | FindLaw Possession of counterfeit currency (sometimes known as "funny money"); Manufacture of counterfeit currency; Passing counterfeit currency or sale of counterfeit currency; Possessing counterfeit currency plates or electronic images for counterfeiting; Conspiracy to manufacture, possess and pass counterfeit currency. Sec. 4, eff. Added by Acts 1997, 75th Leg., ch. Sept. 1, 1999. September 1, 2007. Pending publication of the current statutes, see S.B. Acts 1973, 63rd Leg., p. 883, ch. 1, eff. 32.34. Acts 2021, 87th Leg., R.S., Ch. September 1, 2007. 1251 (H.B. Acts 2019, 86th Leg., R.S., Ch. FINANCIAL ABUSE OF ELDERLY INDIVIDUAL. FRAUDULENT TRANSFER OF A MOTOR VEHICLE. (d) It is a defense to prosecution under this section that the actor's conduct consisted solely of action taken as an employee of an institution of higher education in providing instruction, counseling, or tutoring in research or writing to students of the institution. Sec. 1488), Sec. (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. 5, eff. 565, Sec. 1.01, eff. 1.01, eff. For purposes of this section, notice may be either notice given orally in person or by telephone, or in writing by mail or by telegram. (5) "Creditor" means a person licensed under Chapter 342, Finance Code, a bank, savings and loan association, credit union, or other regulated financial institution that lends money or otherwise extends credit to a cardholder through a credit card and that authorizes other persons to honor the credit card. 15, eff. 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. 15, eff. (b) A person commits an offense if he intentionally or knowingly makes a materially false or misleading written statement to obtain property or credit, including a mortgage loan. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 2003. (7) felony of the first degree if the value of the property, service, or pecuniary interest is $300,000 or more. Sept. 1, 2003. 1, eff. Counterfeiting money is illegal under both state and federal law. Acts 2015, 84th Leg., R.S., Ch. 3, eff. (4) a felony of the first degree if the number of items obtained, possessed, transferred, or used is 50 or more. 427), Sec. 7.83, eff. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 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. 189, Sec. 548), Sec. (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. 1251 (H.B. 1, eff. 977 (H.B. 1, eff. 1, eff. Yes, it is most likely illegal. September 1, 2015. (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) 900, Sec. Sept. 1, 1994; Acts 2003, 78th Leg., ch. Sec. ISSUANCE OF BAD CHECK OR SIMILAR SIGHT ORDER. A sales contest is not deceptive if the total value of prizes to each retail outlet is in a uniform ratio to the number of game pieces distributed to that outlet. 900, Sec. 649), Sec. It includes the number or description on the device if the device itself is not produced at the time of ordering or obtaining the property or service. Acts 2019, 86th Leg., R.S., Ch. 832 (H.B. Acts 1973, 63rd Leg., p. 883, ch. Texas Counterfeit Laws & Charges + Statute Of Limitations (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. (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 submitted or intended to be submitted by a person to satisfy an academic requirement of the person. 14, eff. Acts 2015, 84th Leg., R.S., Ch. Sec. 38, eff. Acts 2013, 83rd Leg., R.S., Ch. 32.03. Amended by Acts 1991, 72nd Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. [PA] Is it illegal to order counterfeit money with no intention of 1, eff. September 1, 2007. Can I Be Charged with Forgery for Unknowingly Using Counterfeit Money (9) "Sell" and "sale" include offer for sale, advertise for sale, expose for sale, keep for the purpose of sale, deliver for or after sale, solicit and offer to buy, and every disposition for value. (2) "Financial abuse" means the wrongful taking, appropriation, obtaining, retention, or use of, or assisting in the wrongful taking, appropriation, obtaining, retention, or use of, money or other property of another person by any means, including by exerting undue influence. (c) A state or federal certificate of registration of intellectual property is prima facie evidence of the facts stated in the certificate. Get Arrested for Counterfeit Money? - Granger and Mueller (2) he tampers with a person, animal, or thing in a manner contrary to the rules of the contest. 14, eff. Without knowing more facts this is a difficult question to answer. (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. 670 (H.B. Sept. 1, 1994. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Sec. FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION. 1, eff. (c) An offense under this section is a felony of the third degree. 76, Sec. 1, eff. Although counterfeiting is generally considered a white-collar crime, the penalty for such an act is actually more substantial than if you were simply caught shoplifting, which is only a misdemeanor in most cases. (f) If it is shown on the trial of an offense under this section that the defendant has previously been convicted of a violation of this section, the offense is a state jail felony. September 1, 2013. 1, eff. Texas Penal Code - PENAL 32.51 | FindLaw (D) protected by Section 16.105, Business & Commerce Code, or by 36 U.S.C. Amended by Acts 1993, 73rd Leg., ch. To convict Bowie under 18 U.S.C. Sec. Sec. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. (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. 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) Texas Penal Code - PENAL 31.03. 620 (S.B. Added by Acts 1997, 75th Leg., ch. (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. 4, eff. 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. MISAPPLICATION OF FIDUCIARY PROPERTY OR PROPERTY OF FINANCIAL INSTITUTION. 14, eff. (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. Jan. 1, 1974. (3) the data stored on the digital imprint of a credit card or debit card without the consent of the account holder. Abilene police arrest 10 in counterfeit money ring - mySA Acts 1973, 63rd Leg., p. 883, ch. Acts 2015, 84th Leg., R.S., Ch. September 1, 2009. 1, eff. (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. 1396), Sec. What Are the Penalties for Using Counterfeit Money in Texas? 1, eff. 561, Sec. Acts 2015, 84th Leg., R.S., Ch. 399, Sec. 687, Sec. Next . Sept. 1, 2003; Acts 2003, 78th Leg., ch. Current as of April 14, 2021 | Updated by FindLaw Staff. Acts 1973, 63rd Leg., p. 883, ch. Houston Lawyer For Counterfeiting Cases | Federal Criminal Defense 730, Sec. 21, eff. September 1, 2013. VALUE. Texas Penal Code - PENAL 32.315 | FindLaw 189, Sec. Sept. 1, 1975; Acts 1993, 73rd Leg., ch. (d) If notice is given in accordance with Subsection (c), it is presumed that the notice was received no later than five days after it was sent. Amended by Acts 1983, 68th Leg., p. 1942, ch. 1396), Sec. 1396), Sec. September 1, 2017. (b) Proof that the document was mailed to any person with the intent that it be forwarded to the intended recipient is a sufficient showing that the document was delivered. 1.01, eff. 399, Sec. Acts 1973, 63rd Leg., p. 883, ch. (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 contest to induce him not to use his best efforts; or, (B) an official or other person associated with the contest; or. Sept. 1, 1994; Acts 1997, 75th Leg., ch. However, there's lot of "fake" money in the world - games, monopoly, magic tricks - there's lots of fake currency. AGGREGATION OF AMOUNTS INVOLVED IN FRAUD. (c) If an actor possessed five or more of an item described by Subsection (b)(2) or (3), a rebuttable presumption exists that the actor possessed each item without the consent of the account holder. (12) making a materially false or misleading statement: (A) in an advertisement for the purchase or sale of property or service; or. 1323), Sec. (2) not later than the 21st day after the date of receipt of actual or written notice sent by either certified or registered mail, return receipt requested, to the person's last known address, or by telephonic document transfer to the recipient's current telecopier number, requesting the execution of a release of the fraudulent lien or claim, refuses to execute the release on the request of: (B) any person who owns any interest in the real or personal property described in the document or instrument that is the basis for the lien or claim. (d) An offense under Subsection (b) is a: (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. (d) An offense under this section is a state jail felony if the writing: (1) is a will or codicil of another, whether or not the maker is alive or dead and whether or not it has been admitted to probate; or. Sept. 1, 1997. (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 2015, 84th Leg., R.S., Ch. 1969), Sec. Acts 2007, 80th Leg., R.S., Ch. (C) a document, including money, that represents or embodies anything of value. (4) "Steal" means to acquire property or service by theft. (C) symbols of value, right, privilege, or identification. Uttering counterfeit foreign obligations or securities 480. Counterfeiting is a federal crime, and knowingly trying to pass counterfeit bills or goods off as real, creating counterfeit items, trafficking them, or having any other relation to counterfeit items will result in felony charges in almost all instances. (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. Sept. 1, 1989. Acts 2005, 79th Leg., Ch. REFUSAL TO EXECUTE RELEASE OF FRAUDULENT LIEN OR CLAIM. 1396, Sec. 25, eff. (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. (3) information described by Subdivision (1) or (2) concerning three or more persons or deceased persons. HINDERING SECURED CREDITORS. 1, eff. (e) It is a defense to prosecution under this section that the actor's conduct consisted solely of offering or providing tutorial or editing assistance to another person in connection with the other person's preparation of an academic product to satisfy the other person's academic requirement, and the actor does not offer or provide substantial preparation, writing, or research in the production of the academic product. Sec. 128 (S.B. (E) social security number or other government-issued identification number. (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 (3) the data stored on the digital imprint of a credit card or debit card without the consent of the account holder.