Sec. 32.51.  FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION.  (a)  In this section:

(1)  “Identifying information” means information that alone or in conjunction with other information identifies a person, including a person’s:

(A)  name and social security number, date of birth, or government-issued identification number;

(B)  unique biometric data, including the person’s fingerprint, voice print, or retina or iris image;

(C)  unique electronic identification number, address, routing code, or financial institution account number; and

(D)  telecommunication identifying information or access device.

(2)  “Telecommunication access device” means a card, plate, code, account number, personal identification number, electronic serial number, mobile identification number, or other telecommunications service, equipment, or instrument identifier or means of account access that alone or in conjunction with another telecommunication access device may be used to:

(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)  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)  identifying information of another person without the other person’s consent;

(2)  information concerning a deceased natural person, including a stillborn infant or fetus, that would be identifying information of that person were that person alive, if the item of information is obtained, possessed, transferred, or used without legal authorization; or

(3)  identifying information of a child younger than 18 years of age.

(b-1)  For the purposes of Subsection (b), the actor is presumed to have the intent to harm or defraud another if the actor possesses:

(1)  the identifying information of three or more other persons;

(2)  information described by Subsection (b)(2) concerning three or more deceased persons; or

(3)  information described by Subdivision (1) or (2) concerning three or more persons or deceased persons.

(b-2)  The presumption established under Subsection (b-1) does not apply to a business or other commercial entity or a government agency that is engaged in a business activity or governmental function that does not violate a penal law of this state.

(c)  An offense under this section is:

(1)  a state jail felony if the number of items obtained, possessed, transferred, or used is less than five;

(2)  a felony of the third degree if the number of items obtained, possessed, transferred, or used is five or more but less than 10;

(3)  a felony of the second degree if the number of items obtained, possessed, transferred, or used is 10 or more but less than 50; or

(4)  a felony of the first degree if the number of items obtained, possessed, transferred, or used is 50 or more.

(c-1)  An offense described for purposes of punishment by Subsections (c)(1)-(3) is increased to the next higher category of offense 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.

(d)  If a court orders a defendant convicted of an offense under this section to make restitution to the victim of the offense, the court may order the defendant to reimburse the victim for lost income or other expenses, other than attorney’s fees, incurred as a result of the offense.

(e)  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, the other law, or both.

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Sec. 32.35.  CREDIT CARD TRANSACTION RECORD LAUNDERING.  (a)  In this section:

(1)  “Agent” means a person authorized to act on behalf of another and includes an employee.

(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.

(3)  “Cardholder” means the person named on the face of a credit card to whom or for whose benefit the credit card is issued, and includes the named person’s agents.

(4)  “Credit card” means an identification card, plate, coupon, book, number, or any other device authorizing a designated person or bearer to obtain property or services on credit.  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.

(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.

(b)  A person commits an offense if the person is an authorized vendor who, with intent to defraud the creditor or cardholder, presents 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.

(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.

(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.

(e)  An offense under this section is a:

(1)  Class C misdemeanor if the amount of the record of a sale is less than $20;

(2)  Class B misdemeanor if the amount of the record of a sale is $20 or more but less than $500;

(3)  Class A misdemeanor if the amount of the record of a sale is $500 or more but less than $1,500;

(4)  state jail felony if the amount of the record of a sale is $1,500 or more but less than $20,000;

(5)  felony of the third degree if the amount of the record of a sale is $20,000 or more but less than $100,000;

(6)  felony of the second degree if the amount of the record of a sale is $100,000 or more but less than $200,000;  or

(7)  felony of the first degree if the amount of the record of a sale is $200,000 or more.

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Sec. 32.31.  CREDIT CARD OR DEBIT CARD ABUSE.  (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.

(2)  “Credit card” means an identification card, plate, coupon, book, number, or any other device authorizing a designated person or bearer to obtain property or services on credit.  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.

(3)  “Expired credit card” means a credit card bearing an expiration date after that date has passed.

(4)  “Debit card” means an identification card, plate, coupon, book, number, or any other device authorizing a designated person or bearer to communicate a request to an unmanned teller machine or a customer convenience terminal or obtain property or services by debit to an account at a financial institution.  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.

(5)  “Expired debit card” means a debit card bearing as its expiration date a date that has passed.

(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 customer’s account or from the customer’s account under a line of credit previously authorized by the institution for the customer.

(7)  “Customer convenience terminal” means an unmanned teller machine the use of which does not involve personnel of a financial institution.

(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 cardholder’s credit card or debit card to obtain property or service for the actor’s 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.  For purposes of this subdivision, a card is incomplete if part of the matter that an issuer requires to appear on the card before it can be used, other than the signature of the cardholder, has not yet been stamped, embossed, imprinted, or written on it;

(10)  being authorized by an issuer to furnish goods or services on presentation of a credit card or debit card, he, with intent to defraud the issuer or the cardholder, furnishes goods or services on presentation of a credit card or debit card obtained or retained in violation of this section or a credit card or debit card that is forged, expired, or revoked; or

(11)  being authorized by an issuer to furnish goods or services on presentation of a credit card or debit card, he, with intent to defraud the issuer or a cardholder, fails to furnish goods or services that he represents in writing to the issuer that he has furnished.

(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.  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.  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.

(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.

Law Offices of Robert I. Kahn

111 Soledad St, Suite 1700, San Antonio, TX 78205 (210) 225-6600 Google Review | Website | Directions