Texas Penal Code 31.11 – Tampering With Identification Numbers
(a) A person commits an offense if the person:
(1) knowingly or intentionally removes, alters, or obliterates the serial number or other permanent identification marking on tangible personal property; or
(2) possesses, sells, or offers for sale tangible personal property and:
(A) the actor knows that the serial number or other permanent identification marking has been removed, altered, or obliterated; or
(B) a reasonable person in the position of the actor would have known that the serial number or other permanent identification marking has been removed, altered, or obliterated.
(b) It is an affirmative defense to prosecution under this section that the person was:
(1) the owner or acting with the effective consent of the owner of the property involved;
(2) a peace officer acting in the actual discharge of official duties; or
(3) acting with respect to a number assigned to a vehicle by the Texas Department of Transportation or the Texas Department of Motor Vehicles, as applicable, and the person was:
(A) in the actual discharge of official duties as an employee or agent of the department; or
(B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department.
Terms Used In Texas Penal Code 31.11
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
- 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 - Peace officer: means a person elected, employed, or appointed as a peace officer under Article 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
- Personal property: All property that is not real property.
- Property: means real and personal property. See Texas Government Code 311.005
(c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property.
(d) An offense under this section is a Class A misdemeanor.
(e) In this section, “vehicle” has the meaning given by § 541.201, Transportation Code.