FRAUD Flashcards
CRIMINAL SIMULATION. (a) A person commits an offense if, with intent to defraud or harm another:
(1) he makes or alters an object, in whole or in part, so that it appears to have value because of age, antiquity, rarity, source, or authorship that it does not have;
(2) he possesses an object so made or altered, with intent to sell, pass, or otherwise utter it; or
(3) he authenticates or certifies an object so made or altered as genuine or as different from what it is.
(b) An offense under this section is a _____.
Class A misdemeanor
Sec. 32.21. FORGERY. (a) For purposes of this section:
(b) A person commits an offense if he forges a writing with intent to defraud or harm another.
(c) An offense under this section is a _____.
(d) An offense under this section is a _____ if the writing is or purports to be a will, codicil, deed, deed of trust, mortgage, security instrument, security agreement, credit card, check, authorization to debit an account at a financial institution, or similar sight order for payment of money, contract, release, or other commercial instrument.
(e) An offense under this section is a felony of the ____ degree if the writing is or purports to be:
(1) part of an issue of money, securities, postage or revenue stamps;
(2) a government record; or
(3) other instruments issued by a state or national government or by a subdivision of either, or part of an issue of stock, bonds, or other instruments representing interests in or claims against another person.
(e-1) An offense under this section is increased to the next higher category of offense if it is shown on the trial of the offense that the offense was committed against an elderly individual.
Class A misdemeanor; SJF; third
STEALING OR RECEIVING STOLEN CHECK OR SIMILAR SIGHT ORDER. (a) A person commits an offense if the person steals an _____ check or similar sight order or, with knowledge that an _____ check or similar sight order has been stolen, receives the check or sight order with intent to use it, to sell it, or to transfer it to a person other than the person from whom the check or sight order was stolen.
(b) An offense under this section is a _____.
unsigned; unsigned; Class A misdemeanor
CREDIT CARD OR DEBIT CARD ABUSE
(b) A person commits an offense if:
(1) with intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card with knowledge that:
(A) the card, whether or not expired, has not been issued to him and is not used with the effective consent of the cardholder; or
(B) the card has expired or has been revoked or cancelled;
(2) with intent to obtain a benefit, he uses a fictitious credit card or debit card or the pretended number or description of a fictitious card;
(3) he receives a benefit that he knows has been obtained in violation of this section;
(4) he steals a credit card or debit card or, with knowledge that it has been stolen, receives a credit card or debit card with intent to use it, to sell it, or to transfer it to a person other than the issuer or the cardholder;
(5) he buys a credit card or debit card from a person who he knows is not the issuer;
(6) not being the issuer, he sells a credit card or debit card;
(7) he uses or induces the cardholder to use the cardholder’s credit card or debit card to obtain property or service for the actor’s benefit for which the cardholder is financially unable to pay;
(8) not being the cardholder, and without the effective consent of the cardholder, he possesses a credit card or debit card with intent to use it;
(9) he possesses two or more incomplete credit cards or debit cards that have not been issued to him with intent to complete them without the effective consent of the issuer. For purposes of this subdivision, a card is incomplete if part of the matter that an issuer requires to appear on the card before it can be used, other than the signature of the cardholder, has not yet been stamped, embossed, imprinted, or written on it;
(10) being authorized by an issuer to furnish goods or services on presentation of a credit card or debit card, he, with intent to defraud the issuer or the cardholder, furnishes goods or services on presentation of a credit card or debit card obtained or retained in violation of this section or a credit card or debit card that is forged, expired, or revoked; or
(11) being authorized by an issuer to furnish goods or services on presentation of a credit card or debit card, he, with intent to defraud the issuer or a cardholder, fails to furnish goods or services that he represents in writing to the issuer that he has furnished.
(c) It is presumed that a person who used a revoked, cancelled, or expired credit card or debit card had knowledge that the card had been revoked, cancelled, or expired if he had received notice of revocation, cancellation, or expiration from the issuer. For purposes of this section, notice may be either notice given orally in person or by telephone, or in writing by mail or by telegram. If written notice was sent by registered or certified mail with return receipt requested, or by telegram with report of delivery requested, addressed to the cardholder at the last address shown by the records of the issuer, it is presumed that the notice was received by the cardholder no later than five days after sent.
(d) An offense under this section is a _____, except that the offense is a felony of the _____ if it is shown on the trial of the offense that the offense was committed against an _____ individual.
state jail felony; third degree; elderly
FRAUDULENT TRANSFER OF A MOTOR VEHICLE
(b) A person commits an offense if the person acquires, accepts possession of, or exercises control over the motor vehicle of another under a written or oral agreement to arrange for the transfer of the vehicle to a third party and:
(1) knowing the vehicle is subject to a security interest, lease, or lien, the person transfers the vehicle to a third party without first obtaining written authorization from the vehicle’s secured creditor, lessor, or lienholder;
(2) intending to defraud or harm the vehicle’s owner, the person transfers the vehicle to a third party;
(3) intending to defraud or harm the vehicle’s owner, the person disposes of the vehicle in a manner other than by transfer to a third party; or
(4) the person does not disclose the location of the vehicle on the request of the vehicle’s owner, secured creditor, lessor, or lienholder.
(f) An offense under Subsection (b)(1), (b)(2), or (b)(3) is:
(1) a _____ if the value of the motor vehicle is less than $20,000; or
(2) a _____ if the value of the motor vehicle is $20,000 or more.
(g) An offense under Subsection (b)(4) is a _____.
state jail felony; felony of the third degree; Class A misdemeanor
RIGGING PUBLICLY EXHIBITED CONTEST. (a) A person commits an offense if, with intent to affect the outcome (including the score) of a publicly exhibited contest:
(1) he offers, confers, or agrees to confer any benefit on, or threatens harm to:
(A) a participant in the contest to induce him not to use his best efforts; or
(B) an official or other person associated with the contest; or
(2) he tampers with a person, animal, or thing in a manner contrary to the rules of the contest.
(b) A person commits an offense if he intentionally or knowingly solicits, accepts, or agrees to accept any benefit the conferring of which is an offense under Subsection (a).
(c) An offense under this section is a _____.
Class A misdemeanor
FRAUDULENT DESTRUCTION, REMOVAL, OR CONCEALMENT OF WRITING. (a) A person commits an offense if, with intent to defraud or harm another, he destroys, removes, conceals, alters, substitutes, or otherwise impairs the verity, legibility, or availability of a writing, other than a governmental record.
(c) Except as provided in Subsection (d), an offense under this section is a _____.
(d) An offense under this section is a _____ if the writing:
(1) is a will or codicil of another, whether or not the maker is alive or dead and whether or not it has been admitted to probate; or
(2) is a deed, mortgage, deed of trust, security instrument, security agreement, or other writing for which the law provides public recording or filing, whether or not the writing has been acknowledged.
Class A misdemeanor; state jail felony
EXPLOITATION OF CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL
(b) A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.
(c) An offense under this section is a _____.
felony of the third degree
