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CHAPTER 31. THEFT
§ 31.11. TAMPERING WITH IDENTIFICATION NUMBERS.
(a) A person commits an offense if the person:
(1) knowingly or intentionally removes, alters, or
obliterates the serial number or other permanent identification
marking on tangible personal property; or
(2) possesses, sells, or offers for sale tangible
personal property and:
(A) the actor knows that the serial number or
other permanent identification marking has been removed, altered,
or obliterated; or
(B) a reasonable person in the position of the
actor would have known that the serial number or other permanent
identification marking has been removed, altered, or obliterated.
(b) It is an affirmative defense to prosecution under this
section that the person was:
(1) the owner or acting with the effective consent of
the owner of the property involved;
(2) a peace officer acting in the actual discharge of
official duties; or
(3) acting with respect to a number assigned to a
vehicle by the Texas Department of Transportation and the person
was:
(A) in the actual discharge of official duties as
an employee or agent of the department; or
(B) in full compliance with the rules of the
department as an applicant for an assigned number approved by the
department.
(c) Property involved in a violation of this section may be
treated as stolen for purposes of custody and disposition of the
property.
(d) An offense under this section is a Class A misdemeanor.
(e) In this section, "vehicle" has the meaning given by
Section 541.201, Transportation Code. |