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CHAPTER 32. FRAUD
§ 32.441. ILLEGAL RECRUITMENT OF AN ATHLETE.
(a) 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.
(b) A person commits an offense if he offers, confers, or
agrees to confer any benefit the acceptance of which is an offense
under Subsection (a).
(c) It is an exception to prosecution under this section
that the person offering, conferring, or agreeing to confer a
benefit and the person soliciting, accepting, or agreeing to accept
a benefit are related within the second degree of consanguinity or
affinity, as determined under Chapter 573, Government Code.
(d) It is an exception to prosecution under Subsection (a)
that, not later than the 60th day after the date the person accepted
or agreed to accept a benefit, the person contacted a law
enforcement agency and furnished testimony or evidence about the
offense.
(e) An offense under this section is a:
(1) Class C misdemeanor if the value of the benefit is
less than $20;
(2) Class B misdemeanor if the value of the benefit is
$20 or more but less than $500;
(3) Class A misdemeanor if the value of the benefit is
$500 or more but less than $1,500;
(4) state jail felony if the value of the benefit is
$1,500 or more but less than $20,000;
(5) felony of the third degree if the value of the
benefit is $20,000 or more but less than $100,000;
(6) felony of the second degree if the value of the
benefit is $100,000 or more but less than $200,000; or
(7) felony of the first degree if the value of the
benefit is $200,000 or more. |
