Tex. Penal Code § 31.17 · Chapter 31. THEFT
UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In this section:
(1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code.
(2) "Credit card" and "debit card" have the meanings assigned by Section 32.31.
(3) "Financial sight order or payment card information" means financial information that is:
(A) contained on either side of a check or similar sight order, check card, debit card, or credit card; or
(B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card.
(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.
Notes and commentary — not statutory text
History
Added by Acts 2011, 82nd Leg., R.S., Ch. 260 (H.B. 1215), Sec. 1, eff. September 1, 2011.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PE/htm/PE.31.htm
- Text hash
- sha256 6c27a6bbee2840944c0014ec07a86fb5e45168eef0a0db8f521cde8821f2469b
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 2 provisions
Provisions in this library whose text cites Tex. Penal Code § 31.17. Each shows the citation as that text prints it.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 2A.201PEACE OFFICERS: REPORT IN CONNECTION WITH CERTAIN OFFENSES INVOLVING SENSITIVE INFORMATION.Printed as Section 31.17 or 32.51, Penal Code | Section 31.17, Penal Code
- Tex. Code Crim. Proc. art. 13A.253UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION.Printed as Section 31.17, Penal Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.