Texas Penal Code - Section 28.06. Amount Of Pecuniary Loss
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§ 28.06. AMOUNT OF PECUNIARY LOSS. (a) The amount of
pecuniary loss under this chapter, if the property is destroyed,
is:
(1) the fair market value of the property at the time
and place of the destruction; or
(2) if the fair market value of the property cannot be
ascertained, the cost of replacing the property within a reasonable
time after the destruction.
(b) The amount of pecuniary loss under this chapter, if the
property is damaged, is the cost of repairing or restoring the
damaged property within a reasonable time after the damage
occurred.
(c) The amount of pecuniary loss under this chapter for
documents, other than those having a readily ascertainable market
value, is:
(1) the amount due and collectible at maturity less
any part that has been satisfied, if the document constitutes
evidence of a debt; or
(2) the greatest amount of economic loss that the
owner might reasonably suffer by virtue of the destruction or
damage if the document is other than evidence of a debt.
(d) If the amount of pecuniary loss cannot be ascertained by
the criteria set forth in Subsections (a) through (c), the amount of
loss is deemed to be greater than $500 but less than $1,500.
(e) If the actor proves by a preponderance of the evidence
that he gave consideration for or had a legal interest in the
property involved, the value of the interest so proven shall be
deducted from:
(1) the amount of pecuniary loss if the property is
destroyed; or
(2) the amount of pecuniary loss to the extent of an
amount equal to the ratio the value of the interest bears to the
total value of the property, if the property is damaged.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1983, 68th Leg., p. 2918, ch. 497, § 2, eff.
Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept.
1, 1994.
Section: 25.09 25.10 28.01 28.02 28.03 28.04 28.05 28.06 28.07 28.08 29.01 29.02 29.03 30.01 30.02
Last modified: August 11, 2007
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