Instead, it has different grades of each. The more serious the crime, the higher the class for misdemeanors or degree for felonies of the offense. Because this blog is concerned with felony theft in Texas, we will only elaborate on the situations in which the degree increases at this level. The lowest degree of felony in Texas is a state jail felony. Even though it's considered the "lowest," that does not mean it is not a serious offense.
A person, who knowingly distributes, manufactures or possesses any item containing personal identifying information pertaining to another person, without that person's authorization, and with knowledge that the actor is facilitating a fraud or injury to be perpetrated by anyone is guilty of a crime of the fourth degree.
If the person distributes, manufactures or possesses 20 or more items containing personal identifying information pertaining to another person, or five or more items containing personal information pertaining to five or more separate persons, without authorization, and with knowledge that the actor is facilitating a fraud or injury to be perpetrated by anyone the person is guilty of a crime of the third degree.
If the person distributes, manufactures or possesses 50 or more items containing personal identifying information pertaining to another person, or ten or more items containing personal identifying information pertaining to five or more separate persons, without authorization, and with knowledge that the actor is facilitating a fraud or injury to be perpetrated by anyone the person is guilty of a crime of the second degree.
A person found guilty of theft of identity or of obtaining identity by electronic fraud shall, in addition to any other punishment, be ordered to make restitution for any financial loss sustained by a person injured as the direct result of the offense.
In addition to out-of-pocket costs, restitution may include payment for costs, including attorney fees, incurred by that person in clearing the person's credit history, credit rating, criminal history or criminal charges or costs incurred in connection with a legal proceeding to satisfy a debt, lien, judgment or other obligation of that person arising as a result of the offense. Adverse action as used in this subdivision shall mean and include actual loss incurred by the victim, including an amount equal to the value of the time reasonably spent by the victim attempting to remediate the harm incurred by the victim from the offense, and the consequential financial losses from such action.
Class G felony, except it is punishable as a Class F felony if: i the victim suffers arrest, detention, or conviction as a proximate result of the offense, or ii the person is in possession of the identifying information pertaining to three or more separate persons.
Financial loss included under this subsection may include, in addition to actual losses, lost wages, attorneys' fees, and other costs incurred by the victim in correcting his or her credit history or credit rating, or in connection with any criminal, civil, or administrative proceeding brought against the victim resulting from the misappropriation of the victim's identifying information.
A second or subsequent offense is a class A felony. A person is guilty of an offense if the person uses or attempts to use any personal identifying information of an individual, living or deceased, without the authorization or consent of the individual, in order to interfere with or initiate a contract or service for a person other than that individual, to obtain or continue employment, to gain access to personal identifying information of another individual, or to commit an offense in violation of the laws of this state, regardless of whether there is any actual economic loss to the individual.
A first offense under this subsection is a class A misdemeanor. A second or subsequent offense under this subsection is a class C felony. I 2 Except as otherwise provided in this division or division I 3 of this section, identity fraud is a felony of the fifth degree.
I 3 Except as otherwise provided in this division, identity fraud against an elderly person or disabled adult is a felony of the fifth degree.
Actual damages shall include, but not be limited to, funds spent related to counseling, identity theft or libel. Any profits from the unauthorized use of such person's likeness that are attributable to the use may be considered in the computation of actual damages.
The prevailing party in any action under this section shall be entitled to attorney fees and costs. A felony offense punishable in the same manner and to the same extent as for larceny of the money or property so received. Any person convicted of violating any provision of this section shall be guilty of identity theft. Restitution to the victim may be ordered in addition to any criminal penalty imposed by the court.
The victim of identity theft may bring a civil action for damages against any person participating in furthering the crime or attempted crime of identity theft. A felony offense punishable by imprisonment in the Department of Corrections for a term of not more than 10 years. In addition, the court may order restitution to be paid by the defendant to every customer whose information was obtained or otherwise utilized in violation of this provision. As part of the restitution that the court may impose for the crimes described in this subchapter, it may also demand the reimbursement of the expenses of the victim for the restoration of his credit, including the payment of any debt or obligation arising from the acts of the offender.
Every person who shall obtain from another designedly, by any false pretense or pretenses, any money, goods, wares, or other property, with intent to cheat or defraud, and every person who shall personate another or who shall falsely represent himself or herself to be the agent or servant of another and shall receive any money or other property intended to be delivered to the person so personated, or to the alleged principal or master of that agent or servant, shall be deemed guilty of larceny.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than 10 years, or both. The following property shall be subject to seizure and judicial forfeiture to the state in the manner provided: A Any property, real or personal, directly or indirectly acquired by or received in violation of this section; B Any property, real or personal, received as an inducement to violate this section; C Any property, real or personal, traceable to the proceeds from the violation; D Any property, real or personal, used in connection with or to facilitate a violation of this section; and E All conveyances, including aircraft, vehicles or vessels, which are used, or are intended for use, in the commission of or escape from a violation of this section and any money, merchandise or other property contained in those conveyances.
The proceeds from all property forfeited and sold at public auction shall be disposed of by the court as directed by this section. The attorney general shall first be compensated for all expenses incident to the litigation, as approved by the court.
Any costs for appeals shall be provided for by the trial court upon conclusion of the litigation. The attorney general shall then direct that any public agency be reimbursed for out-of-pocket expenses resulting from the investigation, seizure and storage of the forfeited property.
B Out of the proceeds remaining, the court shall order restitution be made to the person or persons whose identity was stolen for any identifiable losses resulting from the offense. C The court shall then award the remainder of the funds as follows: i In the event that the investigating and seizing agency was a state agency, then 10 percent of the funds shall be distributed to the state treasurer who shall deposit the funds in a designated account for the agency to be used in its identity theft operations; ii In the event that the investigating and seizing agency is the Tennessee bureau of investigation, then 10 percent of the funds shall be distributed to the state treasurer who shall deposit the funds in a designated account for the agency to be used in its identity theft operations; iii In the event that the investigating and seizing agency is a local public agency, then 25 percent of the funds shall be distributed to its local government for distribution to the law enforcement agency for use in the enforcement of this section.
When more than one 1 local public agency participated in the investigation and seizure of forfeited property as certified by the attorney general, then the court shall order a distribution of 10 percent of the funds according to the participation of each local public agency. Accounting procedures for the financial administration of the funds shall be in keeping with those prescribed by the comptroller of the treasury; and iv The remainder of the funds shall be distributed to the state treasurer who shall deposit the funds in the general fund to defray the incarceration costs associated with the offense of identity theft trafficking defined in subsection c.
An offense obtaining the financial information under Subsection b 1 is a Class B misdemeanor. An offense transferring the financial information to another under Subsection b 2 is a Class A misdemeanor.
An offense under this section is: a state jail felony if the number of items obtained, possessed, transferred, or used is less than five. An offense under this section is: a felony of the third degree if the number of items obtained, possessed, transferred, or used is five or more but less than An offense under this section is: a felony of the second degree if the number of items obtained, possessed, transferred, or used is 10 or more but less than An offense under this section is: a felony of the first degree if the number of items obtained, possessed, transferred, or used is 50 or more.
If a court orders a defendant convicted of an offense under this section to make restitution to the victim of the offense, the court may order the defendant to reimburse the victim for lost income or other expenses, other than attorney's fees, incurred as a result of the offense. Section 3. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently.
When a defendant is convicted of a violation of this section, the court shall order the defendant to make restitution to any victim of the offense or state on the record the reason the court does not find ordering restitution to be appropriate.
Restitution under Subsection 5 may include: a payment for any costs incurred, including attorney fees, lost wages, and replacement of checks; and b the value of the victim's time incurred due to the offense: i in clearing the victim's credit history or credit rating; ii in any civil or administrative proceedings necessary to satisfy or resolve any debt, lien, or other obligation of the victim or imputed to the victim and arising from the offense; and iii in attempting to remedy any other intended or actual harm to the victim incurred as a result of the offense.
A person is guilty of a third degree felony if he: i obtains or possesses multiple identifying documents with knowledge that he is not entitled to obtain or possess the multiple identifying documents; or ii assists another person in obtaining or possessing multiple identifying documents with knowledge that the person is not entitled to obtain or possess the multiple identifying documents.
Any person who violates this section and sells or distributes such information to another is guilty of a Class 5 felony. Any person who violates this section and uses such information in the commission of another crime is guilty of a Class 5 felony. Violations of this section shall be punishable as a Class 1 misdemeanor. Any second or subsequent conviction shall be punishable as a Class 6 felony.
Any violation of subsection B where five or more persons' identifying information has been obtained, recorded, or accessed in the same transaction or occurrence shall be punishable as a Class 5 felony. Any violation of subsection B where 50 or more persons' identifying information has been obtained, recorded, or accessed in the same transaction or occurrence shall be punishable as a Class 4 felony. Any violation resulting in the arrest and detention of the person whose identification documents or identifying information were used to avoid summons, arrest, prosecution, or to impede a criminal investigation shall be punishable as a Class 5 felony.
Upon conviction, in addition to any other punishment, a person found guilty of this offense shall be ordered by the court to make restitution as the court deems appropriate to any person whose identifying information was appropriated or to the estate of such person. Such restitution may include the person's or his estate's actual expenses associated with correcting inaccuracies or errors in his credit report or other identifying information.
The sentence shall include a mandatory minimum term of confinement of six months. A person convicted of any offense enumerated in paragraphs 2 through 5 of subsection a is guilty of a felony and is punishable by a term of imprisonment of one year and not more than four years. A person convicted of any offense enumerated in paragraphs 2 through 5 of subsection a a second or subsequent time is guilty of a felony that is punishable by a term of imprisonment of not less than two years and not exceeding five years.
A person who, within a month period, is found in violation of any offense enumerated in paragraphs 2 through 5 of subsection a with respect to the identifiers of three or more separate individuals, at the same time or consecutively, is guilty of a felony that is punishable by a term of imprisonment of not less than two years and not exceeding five years.
A person who has been previously convicted of aggravated identity theft, regardless of the value of the property involved who is convicted of a second or subsequent offense of aggravated identity theft regardless of the value of the property involved, shall be punished by a term of imprisonment of not less than six years but not more than 30 years. If you are facing felony theft in Maryland, you will need a skilled theft attorney who can review the evidence and your case.
It is essential that an attorney analyzes the case, determines what evidence the State is planning on using and that the lawyer understands every element of the case. Consult an experienced attorney to ensure that you have legal representation that understands the local Maryland policies for felony theft. Kush Arora.
Felony Theft in Maryland When an individual takes an item that belongs to someone else without their permission, it is considered a form of theft. Determining Felony Theft Felony theft is determined by the value of the item s taken. Escalating Misdemeanor Charges In Maryland, the State has the option to charge someone under what is called a theft scheme, element of the statute.
Hiring a Theft Lawyer An experienced Maryland attorney is going help determining what potential defenses exist for someone facing charges and they can help determine if the individual has means to negotiate a good plea bargain that could reduce the crime felony to a misdemeanor, and potentially reduce what the jail sentence might be.
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