Criminal defense across Denton County and Collin County
Fraudulent Transfer of Motor Vehicle
Chapter 32 of the Texas Penal Code defines offenses relating to fraud.
“Fraudulent Transfer of a Motor Vehicle”, as per § 32.34 of the Texas Penal Code, occurs when a person acquires, accepts possession of, or exercises control over the motor vehicle of another under a written or oral agreement to arrange for the transfer of the vehicle to a third party and:
(1) knowing the vehicle is subject to a security interest, lease, or lien, the person transfers the vehicle to a third party without first obtaining written authorization from the vehicle's secured creditor, lessor, or lienholder;
(2) intending to defraud or harm the vehicle's owner, the person transfers the vehicle to a third party;
(3) intending to defraud or harm the vehicle's owner, the person disposes of the vehicle in a manner other than by transfer to a third party; or
(4) the person does not disclose the location of the vehicle on the request of the vehicle's owner, secured creditor, lessor, or lienholder.
An offense under (1), (2), or (3) is:
a state jail felony if the value of the motor vehicle is less than $30,000;
a felony of the third degree if the value of the motor vehicle is $30,000 or more but less than $150,000;
a felony of the second degree if the value of the motor vehicle is $150,000 or more but less than $300,000; or
a felony of the first degree if the value of the motor vehicle is $300,000 or more.
An offense under (4) is a Class A misdemeanor.
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Misdemeanor A
Confinement in jail for a term not to exceed one year.
Fine not to exceed $4,000.
State Jail Felony
Confinement in a state jail for not more than two years and not less than 180 days.
In addition to confinement, may receive a fine not to exceed $10,000.
Third Degree Felony
Imprisonment in the institutional division for not more than 10 years or less than two years.
In addition to imprisonment, may receive a fine not to exceed $10,000.
Second Degree Felony
Imprisonment in the institutional division for not more than 20 years or less than two years.
First Degree Felony
Imprisonment in the institutional division for life, or
Imprisonment in the institutional division for not more than 99 years or less than five years, with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon.
Chapter 32 of the Texas Penal Code defines offenses relating to fraud. “Fraudulent Transfer of a Motor Vehicle”, as per § 32.34 of the Texas Penal Code, occurs when a person acquires, accepts possession of, or exercises control over the motor vehicle of another under a written or oral agreement to arrange for the transfer of the vehicle to a third party and: (1) knowing the vehicle is subject to a security interest, lease, or lien, the person transfers the vehicle to a third party without first obtaining written authorization from the vehicle's secured creditor, lessor, or lienholder; (2) intending to defraud or harm the vehicle's owner, the person transfers the vehicle to a third party; (3) intending to defraud or harm the vehicle's owner, the person disposes of the vehicle in a manner other than by transfer to a third party; or (4) the person does not disclose the location of the vehicle on the request of the vehicle's owner, secured creditor, lessor, or lienholder.
An offense under 1), 2), or 3) is: a state jail felony if the value of the motor vehicle is less than $30,000; a felony of the third degree if the value of the motor vehicle is $30,000 or more but less than $150,000; a felony of the second degree if the value of the motor vehicle is $150,000 or more but less than $300,000; or a felony of the first degree if the value of the motor vehicle is $300,000 or more.
An offense under 4) is a Class A Misdemeanor Punishment Range Misdemeanor A Confinement in jail for a term not to exceed one year Fine not to exceed $4,000 Both such fine and confinement State Jail Felony Confinement in a state jail for not more than two years and not less than 180 days In addition to confinement, may receive a fine not to exceed $10,000 Third Degree Felony Imprisonment in the institutional division for not more than 10 years or less than two years In addition to imprisonment, may receive a fine not to exceed $10,000 Second Degree Felony Imprisonment in the institutional division for not more than 20 years or less than two years In addition to imprisonment, may receive a fine not to exceed $10,000 First Degree Felony Imprisonment in the institutional division for life, or Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon In addition to imprisonment, may receive a fine not to exceed $10,000 Back to Index About Our Firm Contact Us Request a Free Case Evaluation Let Us Put Our Experience to Work for You
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