The Texas Penal Code fraud section covers everything from basic definitions to complex valuation methods and addresses how multiple fraudulent acts can be prosecuted as a single offense.

This guide examines the key aspects of Texas fraud law, including legal definitions, methods for determining value in fraud cases, and how courts handle multiple related offenses.

Key Definitions in Texas Fraud Law

Chapter 32 of the Texas Penal Code provides specific definitions that form the foundation of fraud cases. These definitions help courts, attorneys, and defendants understand exactly what constitutes fraud under state law.

• Financial Institutions: The law specifically defines these as organizations that handle public funds, including banks, credit unions, insurance companies, and investment companies. This broad definition ensures comprehensive protection of financial services.
• Property: This encompasses three main categories – real property (like land and buildings), tangible or intangible personal property (including items separated from land), and documents or money that represent value.
• Service: The law recognizes various types of services that can be subject to fraud, including professional services, utility services, lodging, entertainment, and even the use of motor vehicles.
• Steal: Simply defined as acquiring property or service through theft, this straightforward definition connects fraud directly to theft-related offenses.

How Texas Law Determines the Value in Fraud Cases

When it comes to determining value in fraud cases, Texas law follows a systematic approach that considers multiple factors and scenarios.

Fair Market Value

The primary method involves determining the fair market value of the property or service at the time and place of the offense. If this can’t be established, courts will consider the replacement cost within a reasonable timeframe.

Document Valuation

Documents present a special case in fraud law. For documents that don’t have a clear market value, the court considers:

• For debt-related documents: The amount still due and collectible at maturity
• For other documents: The maximum potential economic loss the owner might reasonably suffer

Default Value Range

In cases where value cannot be reasonably determined through standard methods, Texas law automatically assigns a value range of $750 to $2,500. This provision ensures that fraud cases can proceed even when exact values are difficult to establish.

Aggregation of Fraud Amounts

When multiple instances of fraud occur as part of a single scheme or continuing course of conduct, Texas law allows prosecutors to combine these amounts into one offense. This is particularly important in cases involving complex fraud schemes or repeated fraudulent activities.

The law recognizes that fraud often occurs in patterns rather than isolated incidents. For example, if someone commits multiple smaller fraudulent acts against different victims but uses the same method or scheme, these separate incidents can be treated as a single offense.

This aggregation can significantly impact the severity of charges, as the combined total determines the grade of the offense rather than treating each instance separately.

This approach particularly affects cases involving:

• Multiple victims over time
• Recurring fraudulent transactions
• Systematic schemes targeting various sources
• Extended periods of fraudulent activity
• Related fraudulent acts using similar methods

Contact Norris Legal Group for Fraud Defense

If you’re facing fraud charges in Tarrant County, working with experienced Fort Worth white collar crime lawyer can be crucial for protecting your rights and achieving the best possible outcome. The criminal defense team at Norris Legal Group has extensive experience handling fraud cases and stays current with Texas law.

Contact Norris Legal Group today for a free consultation to discuss your case and explore your legal options. Our attorneys will evaluate your situation and help you understand the best path forward under Texas law.