Texas Fraud Charges: Houston Criminal Lawyer: State Law

While federal laws concerning fraud cover virtually any situation involving "misrepresentation to induce one to part with money or property", Texas state laws are more specific and address particular actions such as credit card fraud, forgery and identity theft. Texas state fraud laws are outlined in Penal Code Title 7, Chapter 32, Section 32.31. This section of law specifically addresses Forgery, Credit Card or Debit Card Abuse, Computer Crimes, Telecommunications Crimes, Money Laundering, Insurance Trust and other deceptive practices.
In addition, the Identity Theft Enforcement and Protection Act (SB122) grants the Texas Attorney General's office more authority to file suit against those who commit identity theft, including restitution to victims and fines up to $50,000 per violation. It requires businesses to implement and exercise reasonable procedures to safeguard their clients' information. If an information security breach occurs, they must notify Texans whose sensitive personal information was, or was reasonably believed to be, acquired by an unauthorized person.Section 32.51 of the Texas Penal Code covers fraudulent use or possession of identifying information.

Anyone in Texas who obtains, possesses, transfers, or uses a person’s identifying information without that person’s consent and with the intent to harm or defraud someone commits the crime of fraudulent use or possession of identifying information. Depending on the circumstances of the crime, fraudulent use or possession of identifying information in Texas is either a state jail felony, felony of the third degree, felony of the second degree, or felony of the first degree.

People in Texas commit the crime of unauthorized acquisition or transfer of certain financial information when they, without authority to do so, obtain payment card or financial sight order information by use of any type of electronic, photographic, or recording device; or when they transfer such information to others. Financial sight order information is information contained on a check, debit card, credit card, or the magnetic strip of those cards, such as account numbers, routing numbers, date of card issuance, and similar information.
Obtaining such information is a Class B misdemeanor offense, while transferring such information to a third party is a Class A misdemeanor offense.

Performing fraudulent acts in connection with a credit card amounts to the crime of credit card fraud in Texas, a felony offense carrying a penalty of 180 days to two years in a state prison and/or a fine of no more than $10,000. However, if the offense was committed against an elderly person, the charge may be increased to that of a third degree felony. A third degree felony carries a penalty of two to ten years in a state prison and/or a fine of no more than $10,000.

If you believe you may be under investigation for fraud it is critical to your case that you hire a qualified criminal defense attorney right away. Do not risk having your rights violated by neglecting to retain a skilled, experienced criminal defense attorney. The Houston, Texas law office of Richard Kuniansky will work diligently to ensure your rights are protected.