Texas Penal Code 31.21 – Unauthorized Possession of Catalytic Converter
Current as of: 2024 | Check for updates
|
Other versions
(a) A person commits an offense if the person:
(1) intentionally or knowingly possesses a catalytic converter that has been removed from a motor vehicle; and
(2) is not a person who is authorized under Subsection (b) to possess the catalytic converter.
(b) A person is presumed to be authorized to possess a catalytic converter that has been removed from a motor vehicle if the person:
(1) is the owner, as defined by § 601.002, Transportation Code, of the vehicle from which the catalytic converter was removed; or
(2) possesses the catalytic converter in the ordinary course of the person’s business, including in the ordinary course of business of an entity described by § 1956.123(1), Occupations Code.
Terms Used In Texas Penal Code 31.21
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
- Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. 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
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) The presumption established under Subsection (b) does not apply to a person described by Subsection (b)(2) who knows that the catalytic converter was unlawfully removed from a motor vehicle or otherwise unlawfully obtained.
(d) Except as provided by Subsection (e), an offense under this section is a state jail felony.
(e) An offense under this section is a felony of the third degree if it is shown on the trial of the offense that the person:
(1) has been previously convicted of an offense under this section;
(2) in connection with the offense, engaged in conduct constituting conspiracy under § 15.02 to commit an offense under § 28.03 or 31.03 with respect to a catalytic converter; or
(3) possessed a firearm during the commission of the offense.
(f) If conduct constituting 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.