Texas Penal Code 31.17 – Unauthorized Acquisition or Transfer of Certain Financial Information

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Texas Penal Code 31.17 – Unauthorized Acquisition or Transfer of Certain Financial Information

WHAT IS UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION IN TEXAS?

The Texas law against unauthorized acquisition or transfer of certain financial information prohibits copying, photographing, or obtaining in any other manner another’s financial information on a check, credit card, debit card, or other sight order, as well as transferring that information to a third party.

WHAT IS THE UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION LAW IN TEXAS?

Tex. Penal Code § 31.17. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION.

(b) A person commits an offense if the person, knowing that the person is not entitled to obtain or possess that financial information:

(1) obtains the financial sight order or payment card information of another by use of an electronic, photographic, visual imaging, recording, or other device capable of accessing, reading, recording, capturing, copying, imaging, scanning, reproducing, or storing in any manner the financial sight order or payment card information; or

(2) transfers to a third party information obtained as described by Subdivision (1).

(c) An offense under Subsection (b)(1) is a Class B misdemeanor. An offense under Subsection (b)(2) is a Class A misdemeanor.

(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.

WHAT IS THE PENALTY CLASS FOR UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION IN TEXAS?

Unauthorized acquisition or transfer of certain financial information by obtaining another’s financial information is a Class B misdemeanor, punishable by up to 180 days in county jail. If a person transfers another’s financial information to a third party, the unauthorized transfer is a Class A misdemeanor, punishable by up to one year in county jail.

WHAT IS THE PUNISHMENT RANGE FOR UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION IN TEXAS?

The punishment range for unauthorized acquisition or transfer of certain financial information charged as a Class B misdemeanor is a maximum jail sentence of 180 days, and a maximum fine of $2,000. If charged as a Class A misdemeanor, the punishment range is up to one year in jail, and a maximum $4,000 fine.

WHAT ARE THE PENALTIES FOR UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION IN TEXAS?

A person charged with unauthorized acquisition or transfer of certain financial information may be eligible for probation after conviction, or deferred adjudication without a conviction, for a period not to exceed two years.

WHAT ARE THE DEFENSES TO UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION IN TEXAS?

The statute does not authorize specific defenses to unauthorized acquisition or transfer of certain financial information. A person accused thereof may attempt to negate at least one of the elements the State must prove at trial.

WHAT IS THE STATUTE OF LIMITATIONS FOR UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION IN TEXAS?

The limitation period for unauthorized acquisition or transfer of certain financial information is two years.

UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION IN TEXAS

A person who photographs, copies, or otherwise steals another’s credit or debit card information, or financial information on a check or similar sight order, and a person who transfers that information to a third party, may be charged with unauthorized acquisition or transfer of certain financial information in Texas.

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CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15

Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15+

Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest.

CHARGES DISMISSED

DWI 2ND

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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