Texas Penal Code 31.17 – Unauthorized Acquisition or Transfer of Certain Financial Information
(a) In this section:
(1) “Check” has the meaning assigned by § 3.104, Business & Commerce Code.
(2) “Credit card” and “debit card” have the meanings assigned by § 32.31.
(3) “Financial sight order or payment card information” means financial information that is:
(A) contained on either side of a check or similar sight order, check card, debit card, or credit card; or
(B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card.
(b) A person commits an offense if the person, knowing that the person is not entitled to obtain or possess that financial information:
(1) obtains the financial sight order or payment card information of another by use of an electronic, photographic, visual imaging, recording, or other device capable of accessing, reading, recording, capturing, copying, imaging, scanning, reproducing, or storing in any manner the financial sight order or payment card information; or
(2) transfers to a third party information obtained as described by Subdivision (1).
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $4,000 |
Terms Used In Texas Penal Code 31.17
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
- Another: means a person other than the actor. See Texas Penal Code 1.07
- Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
- Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
- Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
- Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- Sight order: means a written or electronic instruction to pay money that is authorized by the person giving the instruction and that is payable on demand or at a definite time by the person being instructed to pay. See Texas Penal Code 1.07
(c) An offense under Subsection (b)(1) is a Class B misdemeanor. An offense under Subsection (b)(2) is a Class A misdemeanor.
(d) 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.