Theft by Check

In Texas, theft by check refers to the criminal act of obtaining goods or services by issuing a check or other form of payment that the person knows will not be honored by the financial institution. This type of crime falls under the category of "Theft" under Texas law, it's a crime of deception, where the person using the check uses it with the knowledge or intent that the check would not be honored by the financial institution.

Theft by check is defined under Texas Penal Code § 31.06. It occurs when a person makes or passes a check or other payment instrument with the intent to avoid payment of the check. It also occurs when a person issues a check or other payment instrument for the purchase of goods or services with the knowledge that the check or other payment instrument is not valid and that there are insufficient funds in the account or the account has been closed.

The penalties for theft by check can vary depending on the amount of the check and whether the person has any prior criminal record.

Theft by check of $20 or more but less than $500 is considered a Class B misdemeanor, and is punishable by up to 180 days in jail and a fine of up to $2,000.

If the amount of the check is $500 or more but less than $1,500 it is considered a Class A misdemeanor and punishable by up to 1 year in jail and a fine of up to $4,000.

However, if the amount of the check is $1,500 or more, it is considered a state jail felony and is punishable by a minimum of 180 days and up to 2 years in state jail and a fine of up to $10,000.

It is important to note that if the amount of the check is $20,000 or more, it becomes a third-degree felony and punishable by 2 to 10 years in prison, and a fine of up to $10,000.

It's worth noting that these are the criminal penalties and that an individual who wrote a bad check may also be held civilly liable for the amount of the check, any fees and penalties, and the cost of collection.

In summary, Theft by check in Texas refers to the criminal act of obtaining goods or services by issuing a check or other form of payment that the person knows will not be honored by the financial institution. Penalties for theft by check can range from Class B misdemeanor to Felony and can vary depending on the amount of the check and prior criminal records. It's also worth noting that an individual who wrote a bad check may also be held civilly liable for the amount of the check, any fees and penalties, and the cost of collection.