Texas Business & Commerce Code - Section 40.121. Criminal Penalty
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§ 40.121. CRIMINAL PENALTY. (a) A person commits an
offense if the person knowingly violates this chapter.
(b) Except as provided by Subsection (c), an offense under
this section is a Class B misdemeanor.
(c) An offense under this section is a:
(1) Class A misdemeanor if it is shown at the trial of
the defendant that the violation occurred not later than the fifth
anniversary of the date of a previous conviction under this
section; or
(2) third degree felony if the violation was
intentional and it is shown at the trial of the defendant that the
violation occurred not later than the fifth anniversary of the
earlier of the dates of two previous convictions under this
section.
(d) Subsection (c)(2) does not apply to a violation of
Subchapter D.
(e) A person may not be prosecuted for more than one offense
involving the same promotion, even if that promotion is mailed or
distributed to more than one person or is used at more than one
location.
Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.
Section: 40.066 40.067 40.091 40.092 40.093 40.094 40.095 40.121 40.122 41.001 41.002 41.003 41.004 41.005 41.006
Last modified: August 10, 2007
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