Cclea 78 8 Reading Assigment: Penal Code-Class C Misdemeanors

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− (a)(2) A person commits an offense if the person intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse.
− (a)(3) A person commits an offense if the person intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
− If subsection (a)(3) is committed against an elderly or disabled person, it is a Class A misdemeanor.

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Section 22.01(a)(2) and (3) – Assault

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− A person commits an offense if, with intent to promote or assist the commission of suicide by another, he or she aids or attempts to aid the other to commit or attempt to commit suicide. This offense is a Class C misdemeanor unless the person’s conduct causes suicide or attempted suicide that results in serious bodily injury, then the offense is a state jail felony.

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Section 22.08 – Aiding Suicide

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− A person commits an offense if he or she intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is younger than seven years of age, and not attended by an individual in the vehicle who is 14 years of age or older.

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Section 22.10 – Leaving a Child in a Vehicle

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A person commits an offense if he or she intentionally or knowingly damages or destroys the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person or makes markings, including inscriptions, slogan, drawings, or painting on the tangible property of the owner.
− If the pecuniary loss is less than $50, the offense is a Class C misdemeanor.

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Section 28.03 – Criminal Mischief

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− A person commits an offense if, without the effective consent of the owner, he or she recklessly damages or destroys property of the owner.

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Section 28.04 – Reckless Damage or Destruction

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− A person commits an offense if the person unlawfully appropriates property with intent to deprive the owner of property. The offense is a Class C misdemeanor if the value of the property is less than $50.
− If the person obtained the property by issuing or passing a check or similar sight order, the offense is a Class C misdemeanor if the value of the property is less than $20. Secs. 31.03(e)(1)(b) and 31.06.

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Section 31.03 – Theft

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− If with intent to avoid payment for service that the person knows is provided only for compensation:
− intentionally or knowingly secures performance of the service by deception, threat, or false token;
− having control over the disposition of services of another to which the person is not entitled, he or she intentionally or knowingly diverts the other’s services to his or her own benefit or to the benefit of another not entitled to them;
− having control of personal property under a written rental agreement, the person holds the property beyond the expiration of the rental period without the effective consent of the owner of the property, thereby depriving the owner of the property of its use in further rentals; or
− the person intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make payment after receiving notice demanding payment.
− It is a defense to the prosecution that the defendant secured the performance of the service by giving a postdated check or similar sight order to the person performing the service, and the person performed the service or any other person presented the check or sight order for payment before the date on the check or sight order.
− If the value of the stolen service is less than $20, the offense is a Class C misdemeanor.

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Section 31.04 – Theft of Service

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− A person commits an offense if he intentionally or knowingly makes a materially false or misleading written statement to obtain property or credit for himself, herself, or another. For purposes of this statute, “credit” includes a loan of money; furnishing property or service on credit; extending the due date of an obligation; co-making, endorsing, or guaranteeing a note or other instrument for obtaining credit; a line or letter of credit; and a credit card, as defined in Section 32.31 (Credit Card or Debit Card Abuse). An offense under this section is a Class C misdemeanor if the value of the property or the amount of credit is less than $50.

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Section 32.32 – False Statement to Obtain Property or Credit

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− A person commits an offense if a person intended to hinder enforcement of the security interest or lien and if, when any part of the debt secured by the security interest or lien was due, the person failed to pay the part then due and if the secured party had made demand to deliver possession of the secured property to the secured party.
− If the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is less than $20, the offense is a Class C misdemeanor.

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Section 32.33 – Hindering Secured Creditors

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− A person commits an offense if the person is an authorized vendor who with intent to defraud the creditor or cardholder presents to a creditor for payment a credit card transaction record of a sale that was not made by the authorized vendor or the vendor’s agent.
− A person also commits an offense if without the creditor’s authorization, the person employs, solicits, or otherwise causes an authorized vendor or the vendor’s agent to present to a creditor for payment a credit card transaction record of a sale that was not made by the authorized vendor or the vendor’s agent.
− If the amount of the record of a sale is less than $20, the offense is a Class C misdemeanor.

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Section 32.35 – Credit Card Transaction Record Laundering

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− A person commits an offense if he or she issues or passes a check or similar sight order for the payment of money knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders outstanding at the time of issuance.

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Section 32.41 – Issuance of Bad Check

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− A person commits an offense if in the course of business he or she intentionally, knowingly, recklessly, or with criminal negligence commits a deceptive business practice. (See statute for details of offense.)
− If the person commits the offense with criminal negligence and if the person has not previously been convicted of a deceptive business practice, the offense is a Class C misdemeanor.

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Section 32.42 – Deceptive Business Practices

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− A person commits an offense if, without the consent of the governing body or a designee of the governing body of an institution of higher education, the person intentionally or knowingly solicits, accepts or agrees to accept any benefit from another on an agreement or understanding that the benefit will influence the conduct of the person in enrolling in the institution and participating in intercollegiate athletics or confers or agrees to confer a benefit for accepting.
− If the benefit is less than $20, the offense is a Class C misdemeanor.

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Section 32.441 – Illegal Recruitment of an Athlete

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− A person commits an offense if he or she intentionally, knowingly, or recklessly misapplies property he or she holds as a fiduciary or property of a financial institution in a manner that involves substantial risk of loss to the owner of the property or to a person for whose benefit the property is held.
− If the value of the property misapplied is less than $20, the offense is a Class C misdemeanor.

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Section 32.45 – Misapplication of Fiduciary Property or Property of Financial Institution

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− A person commits an offense if with intent to defraud or harm any person, he or she by deception secures execution of a document. (For specific elements of the offense, see the statute.)
− If the value of the property, service, or pecuniary interest is less than $20, the offense is a Class C misdemeanor.

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Section 32.46 – Securing Execution of Document by Deception

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− A person commits an offense if, with intent to make a profit, the person prepares, sells, offers, or advertises for sale, or delivers to another person an academic product when the person knows or should reasonably have known that a person intends to submit or use the academic product to satisfy an academic requirement of a person other than the person who prepared the product.
− A person commits an offense if with intent to induce another person to enter into an agreement or obligation to obtain or have prepared an academic product, the person knowingly makes or disseminates a written or oral statement that the person will prepare or cause to be prepared an academic product to be sold for use in satisfying an academic requirement of a person other than the person who prepared the product.

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Section 32.50 – Deceptive Preparation and Marketing of Academic Product

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− A person commits an offense if, with intent to defraud or deceive an insurer, the person causes to be prepared or presents to an insurer in support of a claim or payment under a health or property and casualty insurance policy a statement that the person knows contains false or misleading information concerning a matter that is material to the claim, and the matter affects a person’s rights to a payment or the amount of payment to which a person is entitled.
− A person commits an offense if, with intent to defraud or deceive an insurer, the person solicits, offers, pays, or receives a benefit in connection with the furnishing of health care goods or services for which a claim for payment is submitted under a health or property and casualty insurance policy.

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Section 35.02 – Insurance Fraud

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− A person commits an offense if he or she knowingly makes a false entry in or false alteration of a governmental record.
− A person commits a Class C misdemeanor offense if it is shown on the trial of the offense that the governmental record is a governmental record that is required for enrollment of a student in a school district and was used by the actor to establish the residency of the student.

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Section 37.10 – Tampering with Governmental Record

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− A person commits an offense if he or she intentionally refuses to give his or her name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
− A person commits an offense if he or she intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has (1) lawfully arrested the person; (2) lawfully detained the person; or (3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.
− If the person is not a fugitive from justice, the offense is a Class C misdemeanor.

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Section 38.02 – Failure to Identify

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− A person lawfully released from custody, with or without bail, on condition that he or she subsequently appear commits an offense if he or she intentionally or knowingly fails to appear in accordance with the terms of his or her release.
− If the offense for which the person was required to appear is a fine-only offense, the offense of failure to appear is a Class C misdemeanor.

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Section 38.10 – Bail Jumping and Failure to Appear

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− A person commits an offense if the person acts to abuse or harm a police service animal. It is a Class C misdemeanor to taunt, torment, or strike a police service animal.

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Section 38.151 – Interference with Police Service Animals

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− A person commits an offense if he or she intentionally or knowingly by words or physical action prevents the execution of any process in a civil cause.

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Section 38.16 – Preventing Execution of Civil Process

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− A public servant commits an offense if, in reliance on information to which he or she has access by virtue of his or her office or employment and that has not been made public, and he or she is a public servant, including a principal of a school, coerces another into suppressing or failing to report that information to a law enforcement agency.

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Section 39.06 – Misuse of Official Information

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− The offense of disorderly conduct has 12 different ways in which the act of disorderly conduct can be committed. Check the statute for specifics. Most all of the sections are Class C misdemeanors. Two sections are Class B misdemeanors.

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Section 42.01 – Disorderly Conduct

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− A person commits an offense if the person intentionally directs a light from a laser pointer or other light source at an aircraft and the light has an intensity sufficient to impair the operator’s ability to control the aircraft. It is a Class C misdemeanor unless the intensity of the light impairs the operator’s ability to control the aircraft, in which event the offense is a Class A misdemeanor.

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Section 42.14 – Illumination of Aircraft by Intense Light

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− A person commits an offense if he or she intentionally or knowingly displays or distributes an obscene photograph, drawing, or similar visual representation or other obscene material and is reckless about whether a person is present who will be offended or alarmed by the display or distribution.

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Section 43.22 – Obscene Display or Distribution

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− A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence failed to secure the firearm or left the firearm in a place to which the person knew or should have known the child would gain access.
− If a child does not discharge the firearm and cause the death or serious bodily injury to himself or herself or another person, the offense is a Class C misdemeanor.

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Section 46.13 – Making a Firearm Accessible to a Child

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− Under this section, there are three different ways in which the statute can be violated. Check the statute for specific information. All sections are Class C misdemeanors.

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Section 47.02 – Gambling

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− A person commits an offense if he or she is in possession of a burning tobacco product or smokes tobacco in a facility or a public primary or secondary school or an elevator, enclosed theater or movie house, library, museum, hospital, transit system bus, or intrastate bus (as defined by Section 541.201, T.C.), plane, or train which is a public place.

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Section 48.01 – Smoking Tobacco

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− A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger himself, herself, or another.
− An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, A.B.C. applies.
− See Article 14.031, C.C.P., for handling procedures of persons charged with the offense of public intoxication if the peace officer does not arrest the person.

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Section 49.02 – Public Intoxication

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− A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. Possession of one or more open containers in a single criminal episode is a single offense.
− “Open container” means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a − A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. Possession of one or more open containers in a single criminal episode is a single offense.
− “Open container” means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents are partially removed. “Passenger area of a motor vehicle” means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. The term does not include a glove compartment or similar storage container that is locked, the trunk of a vehicle, or the area behind the last upright seat of the vehicle if the vehicle does not have a trunk. “Public highway” means the entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way if any part is open for public use for the purpose of motor vehicle travel. The term includes the right-of-way of a public highway. It is an exception if the defendant was a passenger in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine, or the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or a recreational vehicle.
− A peace officer charging a person with an offense under this section, instead of taking the person before a magistrate, shall issue a written citation and notice to appear that contains the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged. If the person makes a written promise to appear before the magistrate by signing in duplicate the citation and notice to appear, the officer shall release the person.

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Section 49.031 – Possession of Alcoholic Beverage in Motor Vehicle