KIDNAPPING. The offense of stalking may be prosecuted in any county in which an element of the offense occurred. (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. (last accessed Jun. 2, p. 317, ch. September 1, 2011. 13.26 by Acts 1999, 76th Leg., ch. 2, eff. (2) any county in which part of the transaction occurred, including the generation of documentation supporting the transaction. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.32.htm#32.315 1661), Sec. I recently hired Trey Porter Law to help our teenage daughter with a drug charge. 1504), Sec. 13.25. 1828), Sec. 346, Sec. If a conspiracy was entered into outside this State under circumstances that give this State jurisdiction to prosecute the offender, the offender may be prosecuted in the county where the conspiracy was agreed to be executed, in the county where any one of the conspirators was found, or in Travis County. Additionally, if you are convicted of identity theft, the judge can order you to pay restitution to the victims . Through social Sec. Art. 722. Schedule a legal consultation with him today to start building your defense if you stand accused of a credit card crime. THEFT; ORGANIZED RETAIL THEFT; CARGO THEFT. 230 (S.B. When it shall come to the knowledge of any district judge whose court has jurisdiction under this Article that sexual assault has probably been committed, he shall immediately, if his court be in session, and if not in session, then, at the first term thereafter in any county of the district, call the attention of the grand jury thereto; and if the court be in session, but the grand jury has been discharged, he shall immediately recall the grand jury to investigate the accusation. 1008 (H.B. Added by Acts 1975, 64th Leg., p. 242, ch. 76, Sec. PROSECUTION OF MORTGAGE FRAUD. September 1, 2015. For example, we represented a client charged with credit card abuse because he used his employers credit card for gas to be used in the company vehicle. Amended by Acts 1973, 63rd Leg., p. 978, ch. An offense under Section 42.0601, Penal Code, may be prosecuted in any county in which: (3) a law enforcement agency or other emergency responder responded to the false report. 2034), Sec. Client was at fault in accident. 2, p. 317, ch. September 1, 2005. Art. Drop us a line. If a person receives an injury in one county and dies in another by reason of such injury, the offender may be prosecuted in the county where the injury was received or where the death occurred, or in the county where the dead body is found. . The real question here that must be explored by your criminal attorney is whether or not the accused REASONABLY believed they had consent to use the credit card. 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. to aide readability. 947 (H.B. If the object of the conspiracy is an offense classified as a felony under the Tax Code, regardless of whether the offense was committed, the conspiracy may be prosecuted in any county in which venue is proper under the Tax Code for the offense. If charged as a third degree felony, the punishment range is two to ten years in prison, and a maximum fine of $10,000. The district courts are authorized and directed to change the venue in such cases whenever it shall be necessary to secure a speedy trial. INJURED IN ONE COUNTY AND DYING IN ANOTHER. (1) with intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card with knowledge that: (A) the card, whether or not expired, has not been issued to him and is not used with the effective consent of the cardholder; or. BIGAMY. SIMULATING LEGAL PROCESS. 4.001, eff. Additionally, the Texas Penal Code states that you can commit the crime of credit card abuse if: with intent to obtain a benefit, he uses a fictitious credit card or debit card or the pretended number or description of a fictitious card; he receives a benefit that he knows has been obtained in violation of this section; Do you have an opinion about this solution? CONSPIRACY. FAILURE TO COMPLY WITH SEX OFFENDER REGISTRATION STATUTE. Money laundering may be prosecuted in the county in which the offense was committed as provided by Article 13.18 or, if the prosecution is based on a criminal offense classified as a felony under the Tax Code, in any county in which venue is proper under the Tax Code for the offense. (a) amended by Acts 1993, 73rd Leg., ch. 1, eff. Trey is a phenomenal attorney that gets the job done right! Home Credit Card Abuse Charges In Texas. 2018), Sec. 399, Sec. Acts 1965, 59th Leg., vol. September 1, 2013. A no bill is the same thing as the grand jury exonerating you and clearing you from all wrongdoing. Art. 2(C), eff. FRAUD 32.31. CREDIT CARD OR DEBIT CARD ABUSE. Location: During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses. 3, eff. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions (c) An offense under Section 32.31, Penal Code, may be prosecuted in any county in which the offense was committed or in the county of residence for any person whose credit card or debit card was unlawfully possessed or used by the defendant. May 21, 1997. 13.27. decided to display a blank section with this note, in order 13.14. Acts 1965, 59th Leg., vol. In order to be convicted for the crime of credit card abuse, the prosecutor will be required to prove beyond a reasonable doubt that you used the card of another without their consent and with the intent to obtain a benefit fraudulently. 260), Sec. . omitted its authors. Dallas, Texas 75219, Copyright 2023 The Law Office of John R. Teakell All Rights Reserved. September 1, 2005. (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. PENAL CODE. 32.24. 2 to 20 years in a state prison and/or a fine of not more than $10,000. Title 7 - OFFENSES AGAINST PROPERTY. Original Source: 1004 (H.B. decided to display a blank section with this note, in order (b) A person commits an offense if:(1) with intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card with knowledge that:(A) the card, whether or not expired, has not been issued to him and is not used with the effective consent of the cardholder; or(B) the card has expired or has been revoked or cancelled;(2) with intent to obtain a benefit, he uses a fictitious credit card or debit card or the pretended number or description of a fictitious card;(3) he receives a benefit that he knows has been obtained in violation of this section;(4) he steals a credit card or debit card or, with knowledge that it has been stolen, receives a credit card or debit card with intent to use it, to sell it, or to transfer it to a person other than the issuer or the cardholder;(5) he buys a credit card or debit card from a person who he knows is not the issuer;(6) not being the issuer, he sells a credit card or debit card;(7) he uses or induces the cardholder to use the cardholders credit card or debit card to obtain property or service for the actors benefit for which the cardholder is financially unable to pay;(8) not being the cardholder, and without the effective consent of the cardholder, he possesses a credit card or debit card with intent to use it;(9) he possesses two or more incomplete credit cards or debit cards that have not been issued to him with intent to complete them without the effective consent of the issuer. 1173), Sec. John R. Teakell is a former federal prosecutor and renowned white-collar defense attorney. VENUE FOR PROTECTIVE ORDER OFFENSES. State was unwilling to budge in negotiation, and matter was set for trial the last shot at avoiding a conviction and preserving clients livelihood. Sept. 1, 1994; Acts 2003, 78th Leg., ch. Sept. 1, 1975. 5, eff. If you have evidence establishing an alibi, you must provide that to your criminal lawyer as soon as possible to try to get your credit card abuse case dismissed. 19.01(6), eff. Art. 1, eff. Location: 743), Sec. Added by Acts 2011, 82nd Leg., R.S., Ch. For example: what if John used someone elses credit card, without their permission, to buy $5.00 worth of food from a fast food restaurant. DEFINITIONS. Art. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. 900, Sec. FALSE REPORT TO INDUCE EMERGENCY RESPONSE. Added by Acts 2019, 86th Leg., R.S., Ch. Jan. 1, 1974. However, by using someone elses credit card to complete the same theft, he will now be facing a state jail felony credit card abuse charge with a possible punishment of up to 2 years in prison. Chapter 32 - FRAUD . (a) Where property is stolen in one county and removed to another county, the offender may be prosecuted either in the county in which the property was stolen or in any other county through or into which the property was removed. 10 or more, but less than 50. The term includes the number or description of the device if the device itself is not produced at the time of ordering or obtaining the property or service. Fraudulent Use or Possession of Credit Card or Debit Card Info. 13.12. an attorney in good standing. September 1, 2019. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.32.htm#32.32 title 1. introductory provisions chapter 1. general provisions. 1, eff. Amended by Acts 1993, 73rd Leg., ch. Trey really helped me out. (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 . ESCAPE; UNAUTHORIZED ABSENCE. Added by Acts 1979, 66th Leg., p. 18, ch. Drop us a line. 13.291. CREDIT CARD OR DEBIT CARD ABUSE. An offense under Section 25.11, Penal Code, may be prosecuted in any county in which the defendant engaged in the conduct constituting an offense under Section 22.01(a)(1), Penal Code, against a person described by Section 25.11(a), Penal Code. 1, eff. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 2, eff. 2(C), eff. 1, eff. Art. FAILURE TO COMPLY WITH SEXUALLY VIOLENT PREDATOR CIVIL COMMITMENT REQUIREMENT. No! However, if the prosecutor can prove that the credit card abuse was committed against an elderly individual, the charge can be filed as a 3rd degree felony, punishable by a term in prison of not less than 2 years and not more than 10 years, and a fine not to exceed $10,000. Aug. 31, 1981. Acts 2007, 80th Leg., R.S., Ch. and (4)(a) are all outline levels, but June 17, 2015. 32.01. . http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.32.htm#32.21 There are, however, other means used by law enforcement agencies to investigate credit card abuse. Acts 2013, 83rd Leg., R.S., Ch. Amended by Acts 1981, 67th Leg., p. 2239, ch. Acts 1965, 59th Leg., vol. Its time to start building your defense. An offense described by Article 104.003(a) committed by an employee or officer of the Texas Juvenile Justice Department or a person providing services under a contract with the department against a child committed to the department may be prosecuted in: (1) any county in which an element of the offense occurred; or. (3) "Expired credit card" means a credit card bearing an expiration date after that date has passed. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Phone:817-877-3030 Fax:817-877-3032 Fort Worth: 4354 West Vickery Blvd. 2, eff. (d) An offense under this section is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the offense was committed against an elderly individual as defined by Section 22.04. Credit card or debit card abuse committed against an elderly person over 65 is a third degree felony, punishable by two to ten years in prison. 3, eff. The stakes are high. False Statement to Obtain Property or Credit or in the Provision of Certain Services. 2, p. 317, ch. Forgery may be prosecuted in any county where the writing was forged, or where the same was used or passed, or attempted to be used or passed, or deposited or placed with another person, firm, association, or corporation either for collection or credit for the account of any person, firm, association or corporation. An offense under Section 32.52, Penal Code, may be prosecuted in the county in which an element of the offense occurs or in Travis County. If an offense be committed upon any river or stream, the boundary of this State, it may be prosecuted in the county the boundary of which is upon such stream or river, and the county seat of which is nearest the place where the offense was committed. Stealing or Receiving Stolen Check or Similar Sight Order, False Statement to Obtain Property or Credit or in the Provision of Certain Services, Credit Card Transaction Record Laundering, Issuance of Bad Check or Similar Sight Order, Misapplication of Fiduciary Property or Property of Financial Institution, Fraudulent Securing of Document Execution, Fraudulent Destruction, Removal, or Concealment of Writing, Refusal to Execute Release of Fraudulent Lien or Claim, Deceptive Preparation and Marketing of Academic Product, Fraudulent Use or Possession of Identifying Information, Fraudulent, Substandard, or Fictitious Degree, Exploitation of Child, Elderly Individual, or Disabled Individual, Fraudulent Use or Possession of Credit Card or Debit Card Information, Lawyer Referral & Information Service (LRIS), Here is the original source for chapter 32. We've 1, eff. Section 32.21 Forgery, 68 (S.B. 2294), Sec. The case law regarding credit card or debit card abuse in Texas illustrates the elements of the offense. Jan. 1, 1974; Acts 1977, 65th Leg., p. 692, ch. Art. Added by Acts 2005, 79th Leg., Ch. (5) Expired debit card means a debit card bearing as its expiration date a date that has passed. Client has no criminal record, and has since expunged the DWI arrest. (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. Art. to aide readability. He is one of the most sought-after attorneys in Dallas, TX. Client received no criminal conviction. To avoid a conviction, a person may be placed on deferred adjudication for up to ten years if charged with a third degree felony, or between two and five years if charged with a state jail felony. For Legal Professionals . 1219 (H.B. Fraudulent Use or Possession of Credit Card or Debit Card Information. an attorney in good standing. 32.31(b)(2). (last updated Jun. 13.38. 13.01. Normally, without the assistance of an aggressive and experienced criminal attorney, the grand jury hears only the evidence presented by a prosecutor and makes a decision regarding the felony case. (6) Unmanned teller machine means a machine, other than a telephone, capable of being operated by a customer, by which a customer may communicate to a financial institution a request to withdraw a benefit for himself or for another directly from the customers account or from the customers account under a line of credit previously authorized by the institution for the customer. Added by Acts 2009, 81st Leg., R.S., Ch. 2, p. 317, ch. 13.20. Texas Penal Code 32.31 Credit Card Or Debit Card Abuse Sec. Black Friday and Cyber Monday are quickly approaching, and while the giving season is generally a heartwarming time full of goodwill and great deals its also a time to start thinking about credit card fraud. (b) An offense under Section 31.16 or 31.18, Penal Code, may be prosecuted in any county in which an underlying theft could have been prosecuted as a separate offense. 2(C), eff. You're all set! According to Texas law, if you use a card that doesn't belong to you without obtaining permission from the cardholder first, you may be charged with credit card fraud.You may also face legal repercussions if you accept products from someone who is using a credit card illegally. The legislature occasionally skips outline levels. Is this a misdemeanor? Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Forgery Client was involved in minor accident. FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION. I would highly recommend Trey Porter Law. ILLEGAL RECRUITMENT OF ATHLETES. 485), Sec. 845 (S.B. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Trey is the man! TRAFFICKING OF PERSONS, FALSE IMPRISONMENT, KIDNAPPING, AND SMUGGLING OF PERSONS. Art. In other words, we have seen instances where someone used a credit card without the consent of the owner but the purchase was made clearly for the benefit of the owner of the credit card. 32.315. fraudulent use or possession of credit card or debit card information sec. Tex. Section 32.21 Forgery, decided to display a blank section with this note, in order Credit Card or Debit Card Abuse is classified in the Texas Penal Code under Title 7 "Offenses Against Property," Chapter 32 "Fraud." Have you been charged with Credit Card or Debit Card Abuse? 3167), Sec. Universal Citation: TX Penal Code 32.31 (2022) Sec. 2, p. 317, ch. 1.01. short title sec. Art. I know that from my personal business dealings. We've It is critical that every element of the crime be proven beyond a reasonable doubt, including intent to obtain a benefit. we provide special support Subsec. 13.06. STALKING. Join thousands of people who receive monthly site updates. 20, 2023). Read the code on FindLaw. 2023 LawServer Online, Inc. All rights reserved. 222), Sec. 14.16, eff. (5) the county in which the person required to register under Chapter 62 resides or is found by a peace officer, regardless of how long the person has been in the county or intends to stay in the county. 670 (H.B. Art. Added by Acts 2021, 87th Leg., R.S., Ch. Source: September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. Credit card crimes including fraud, theft, and abuse are considered state felonies in Dallas, Texas. 13.11. 306, Sec. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. The term includes the number or description of the device if the device itself is not produced at the time of ordering or obtaining the benefit. No! 19.01(1), eff. Added by Acts 2003, 78th Leg., ch. September 1, 2019. 20, 2023). This presents an September 1, 2013. Art. Sept. 1, 1997. WHERE VENUE CANNOT BE DETERMINED. NO! Attorney Trey Porter was no different. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. An offense under this subsection is: (7) a felony of the first degree if the proceeds obtained from the sale or other disposition are money or goods having a value of $300,000 or more. He has broad experience as both a state and federal prosecutor and as defense counsel and has handled thousands of cases ranging from misdemeanors to federal death penalty cases. You can explore additional available newsletters here. Yes. Added by Acts 1989, 71st Leg., ch. Merely possesses a debit or credit card that does not belong to them and intends to use it. Have you been arrested and charged with the crime of Credit Card Abuse in Fort Worth or a surrounding city in Tarrant County, Texas? Acts 2013, 83rd Leg., R.S., Ch. September 1, 2017. In addition, Pending publication of the current statutes, see H.B. We will always provide free access to the current law. PERSONS ACTING UNDER AUTHORITY OF THIS STATE. Tex. September 1, 2015. (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. September 1, 2011. Penal Code 32.31. CREDIT CARD OR DEBIT CARD ABUSE. 13.17. What can you do if you have a strong legal defense? ON THE BOUNDARIES OF CERTAIN MUNICIPALITIES. 1, eff. increasing citizen access. If you or a loved one is facing a credit card abuse charge in the North Texas area, it is crucial that you not only hire the best criminal defense attorney in Fort Worth, you must also educate yourself on the possible criminal defenses available to you for the crime of credit card abuse. The State Bar of Texas runs a service for finding Simply typing another persons financial account information or credit card number into a website page to complete an online purchase could lead to criminal charges and a conviction if the account holder did not authorize you to do so. TELECOMMUNICATIONS CRIMES. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.32.htm#32.21 The legislature occasionally skips outline levels. We will always provide free access to the current law. Generally, credit card fraud laws assert that a person may be charged with a crime if they use another persons credit card without permission to achieve some kind of gain. If you get a DWI, hire the best hire Trey Porter. Art. Stealing or Receiving Stolen Check or Similar Sight Order, False Statement to Obtain Property or Credit or in the Provision of Certain Services, Credit Card Transaction Record Laundering, Issuance of Bad Check or Similar Sight Order, Misapplication of Fiduciary Property or Property of Financial Institution, Fraudulent Securing of Document Execution, Fraudulent Destruction, Removal, or Concealment of Writing, Refusal to Execute Release of Fraudulent Lien or Claim, Deceptive Preparation and Marketing of Academic Product, Fraudulent Use or Possession of Identifying Information, Fraudulent, Substandard, or Fictitious Degree, Exploitation of Child, Elderly Individual, or Disabled Individual, Fraudulent Use or Possession of Credit Card or Debit Card Information, 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual), http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.32.htm#32.21, Lawyer Referral & Information Service (LRIS), Here is the original source for section 32.21. 867), Sec. ORGANIZED CRIMINAL ACTIVITY. 1264), Sec. I was charged with DWI, and Mr Porter got the charge dismissed. For example: In this example, (3), (4), September 1, 2009. (2022). An offense committed on board a vessel which is at the time upon any navigable water within the boundaries of this State, may be prosecuted in any county through which the vessel is navigated in the course of her voyage, or in the county where the voyage commences or terminates. If your criminal defense lawyer is able to persuade the grand jury to no bill your case, you will be eligible to have your arrest records and criminal case records expunged. 1103), Sec. 32.31. CREDIT CARD OR DEBIT CARD ABUSE. I thought i was going to lose my job, but trey did everything in his power to help me keep my way of life, and still keeps up with me any details on my case. Code 32.315. Although credit card abuse can be a form of theft, the value of the items fraudulently charged on a credit card do not matter when it comes to being arrested for a felony or a misdemeanor crime. 13.21. Art. If written notice was sent by registered or certified mail with return receipt requested, or by telegram with report of delivery requested, addressed to the cardholder at the last address shown by the records of the issuer, it is presumed that the notice was received by the cardholder no later than five days after sent. Penal Code; Offenses Against Prop. COMPUTER CRIMES. Location: If convicted of a third-degree felony, the offender faces a prison sentence of two (2) to ten (10) years in a Texas state prison and fines of up to $10,000.00. Mr Porter is the real deal. Chapter 32 of the Texas Penal Code governs the crime of FORGERY in Texas. Reenacted by Acts 2013, 83rd Leg., R.S., Ch. Section 32.21 - Forgery. We find this situation arise frequently in the employer/employee relationship. A grand jury is a panel of Texas citizens tasked with the responsibility of determining if there is sufficient evidence to establish a felony case. 13.36. If so, there is no crime. 125, Sec. Art. 1, eff. John Teakell began his legal career in 1985. 1.02, eff. Further, an individual does not need to possess the physical credit card or debit card to be arrested and/or charged with credit card abuse and/or one of the earlier mentioned crimes. In addition, Added by Acts 2011, 82nd Leg., R.S., Ch. September 1, 2009. Sept. 1, 1983. September 1, 2013. I am a nurse and thought my career was over. Renumbered from Code of Criminal Procedure, Art/Sec 13.30 by Acts 2007, 80th Leg., R.S., Ch. (B) the card has expired or has been revoked or canceled; (2) with intent to obtain a benefit, he uses a fictitious credit card or debit card or the pretended number or description of a fictitious card; (3) he receives a benefit that he knows has been obtained in violation of this section; (4) he steals a credit card or debit card or, with knowledge that it has been stolen, receives a credit card or debit card with intent to use it, to sell it, or to transfer it to a person other than the issuer or the cardholder; (5) he buys a credit card or debit card from a person who he knows is not the issuer; (6) not being the issuer, he sells a credit card or debit card; (7) he uses or induces the cardholder to use the cardholders credit card or debit card to obtain property or service for the actors benefit for which the cardholder is financially unable to pay; (8) not being the cardholder, and without the effective consent of the cardholder, he possesses a credit card or debit card with intent to use it; (9) he possesses two or more incomplete credit cards or debit cards that have not been issued to him with intent to complete them without the effective consent of the issuer. Acts 2015, 84th Leg., R.S., Ch. The State Bar of Texas runs a service for finding Amended by Acts 1973, 63rd Leg., p. 976, ch. Current as of April 14, 2021 | Updated by FindLaw Staff. 13.02. September 1, 2009. Otherwise, it is a state jail felony, punishable by 180 days to two years in a state jail facility. 82), Sec. We've Acts 2009, 81st Leg., R.S., Ch. Driving facts involved failing to maintain a single lane and speeding. To sustain the allegation of venue, it shall only be necessary to prove by the preponderance of the evidence that by reason of the facts in the case, the county where such prosecution is carried on has venue. Additional investigative techniques include: If you have been charged with credit card abuse or another fraud crime, it is very important to have quality representation. "Credit Card or Debit Card Abuse", as per 32.31 of the Texas Penal Code, occurs when: A person, with intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card with knowledge that the card, whether or not expired, has not been issued to .
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