Texas Code of Criminal Procedure - Article 42.019. Motor Fuel Theft
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Art. 42.019. MOTOR FUEL THEFT. (a) A judge shall enter an
affirmative finding in the judgment in a case if the judge or jury,
whichever is the finder of fact, determines beyond a reasonable
doubt in the guilt or innocence phase of the trial of an offense
under Section 31.03, Penal Code, that the defendant, in committing
the offense:
(1) dispensed motor fuel into the fuel tank of a motor
vehicle on the premises of an establishment at which motor fuel is
offered for retail sale; and
(2) after dispensing the motor fuel, left the premises of
the establishment without paying the establishment for the motor
fuel.
(b) If a judge enters an affirmative finding as required by
Subsection (a) and determines that the defendant has previously
been convicted of an offense the judgment for which contains an
affirmative finding under Subsection (a), the judge shall enter a
special affirmative finding in the judgment in the case.
Added by Acts 2001, 77th Leg., ch. 359, Sec. 1, eff. Sept. 1, 2001.
Article: 42.013 42.014 42.015 42.016 42.017 42.018 42.0181 42.019 42.02 42.023 42.03 42.031 42.032 42.033 42.034
Last modified: August 11, 2007
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