Texas Penal Code - Section 35.025. Value Of Claim
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§ 35.025. VALUE OF CLAIM. (a) Except as provided by
Subsection (b) and subject to Subsection (c), for the purposes of
Section 35.02(c), if the value of a claim is not readily
ascertainable, the value of the claim is:
(1) the fair market value, at the time and place of the
offense, of the goods or services that are the subject of the claim;
or
(2) the cost of replacing the goods or services that
are the subject of the claim within a reasonable time after the
claim.
(b) If goods or services that are the subject of a claim
cannot be reasonably ascertained under Subsection (a), the goods or
services are considered to have a value of $500 or more but less
than $1,500.
(c) If the actor proves by a preponderance of the evidence
that a portion of the claim for payment under an insurance policy
resulted from a valid loss, injury, expense, or service covered by
the policy, the value of the claim is equal to the difference
between the total claim amount and the amount of the valid portion
of the claim.
Added by Acts 2005, 79th Leg., ch. 1162, § 4, eff. Sept. 1, 2005.
Section: 34.01 34.02 34.021 34.03 35.01 35.015 35.02 35.025 35.03 35.04 33A.01 33A.02 33A.03 33A.04 33A.05
Last modified: August 11, 2007
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