Texas Penal Code 35.025 – Value of Claim
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(a) Except as provided by Subsection (b) and subject to Subsection (c), for the purposes of § 35.02(c), if the value of a claim is not readily ascertainable, the value of the claim is:
(1) the fair market value, at the time and place of the offense, of the goods or services that are the subject of the claim; or
(2) the cost of replacing the goods or services that are the subject of the claim within a reasonable time after the claim.
(b) If goods or services that are the subject of a claim cannot be reasonably ascertained under Subsection (a), the goods or services are considered to have a value of $750 or more but less than $2,500.
Terms Used In Texas Penal Code 35.025
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
(c) If the actor proves by a preponderance of the evidence that a portion of the claim for payment under an insurance policy resulted from a valid loss, injury, expense, or service covered by the policy, the value of the claim is equal to the difference between the total claim amount and the amount of the valid portion of the claim.