Texas Penal Code - Section 31.01. Definitions
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§ 31.01. DEFINITIONS. In this chapter:
(1) "Deception" means:
(A) creating or confirming by words or conduct a
false impression of law or fact that is likely to affect the
judgment of another in the transaction, and that the actor does not
believe to be true;
(B) failing to correct a false impression of law
or fact that is likely to affect the judgment of another in the
transaction, that the actor previously created or confirmed by
words or conduct, and that the actor does not now believe to be
true;
(C) preventing another from acquiring
information likely to affect his judgment in the transaction;
(D) selling or otherwise transferring or
encumbering property without disclosing a lien, security interest,
adverse claim, or other legal impediment to the enjoyment of the
property, whether the lien, security interest, claim, or impediment
is or is not valid, or is or is not a matter of official record; or
(E) promising performance that is likely to
affect the judgment of another in the transaction and that the actor
does not intend to perform or knows will not be performed, except
that failure to perform the promise in issue without other evidence
of intent or knowledge is not sufficient proof that the actor did
not intend to perform or knew the promise would not be performed.
(2) "Deprive" means:
(A) to withhold property from the owner
permanently or for so extended a period of time that a major portion
of the value or enjoyment of the property is lost to the owner;
(B) to restore property only upon payment of
reward or other compensation; or
(C) to dispose of property in a manner that makes
recovery of the property by the owner unlikely.
(3) "Effective consent" includes consent by a person
legally authorized to act for the owner. Consent is not effective
if:
(A) induced by deception or coercion;
(B) given by a person the actor knows is not
legally authorized to act for the owner;
(C) given by a person who by reason of youth,
mental disease or defect, or intoxication is known by the actor to
be unable to make reasonable property dispositions;
(D) given solely to detect the commission of an
offense; or
(E) given by a person who by reason of advanced
age is known by the actor to have a diminished capacity to make
informed and rational decisions about the reasonable disposition of
property.
(4) "Appropriate" means:
(A) to bring about a transfer or purported
transfer of title to or other nonpossessory interest in property,
whether to the actor or another; or
(B) to acquire or otherwise exercise control over
property other than real property.
(5) "Property" means:
(A) real property;
(B) tangible or intangible personal property
including anything severed from land; or
(C) a document, including money, that represents
or embodies anything of value.
(6) "Service" includes:
(A) labor and professional service;
(B) telecommunication, public utility, or
transportation service;
(C) lodging, restaurant service, and
entertainment; and
(D) the supply of a motor vehicle or other
property for use.
(7) "Steal" means to acquire property or service by
theft.
(8) "Certificate of title" has the meaning assigned by
Section 501.002, Transportation Code.
(9) "Used or secondhand motor vehicle" means a used
motor vehicle, as that term is defined by Section 501.002,
Transportation Code.
(10) "Elderly individual" has the meaning assigned by
Section 22.04(c).
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 914, ch. 342, § 9, eff. Sept.
1, 1975; Acts 1985, 69th Leg., ch. 901, § 2, eff. Sept. 1, 1985;
Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts
1997, 75th Leg., ch. 165, § 30.237, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 432, § 1, eff. Sept. 1, 2003.
Section: 29.03 30.01 30.02 30.03 30.04 30.05 30.06 31.01 31.02 31.03 31.04 31.05 31.06 31.07 31.08
Last modified: August 11, 2007
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