(a) A person commits an offense if, without the effective consent of the owner, he recklessly damages or destroys property of the owner.
(b) An offense under this section is a Class C misdemeanor.

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Terms Used In Texas Penal Code 28.04

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Effective consent: includes consent by a person legally authorized to act for the owner. 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
  • Owner: means a person who:
    (A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or
    (B) is a holder in due course of a negotiable instrument. 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
  • Property: means real and personal property. See Texas Government Code 311.005