Tex. Penal Code § 32.61
This is the official text of Tex. Penal Code § 32.61, part of Texas’s Penal Code — defines crimes and punishments in Texas.
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§ 32.61. MALICIOUS SOLICITATION OF DISASTER VICTIM OR FOR DISASTER RESPONSE OR RECOVERY.
Official statutory text
(a) In this section:
(1) "Disaster" has the meaning assigned by Section 418.004, Government Code.
(2) "Disaster volunteer" means a person who provides or offers to provide a service at no cost to or at the direction of:
(A) a victim of a disaster; or
(B) a governmental entity engaged in disaster response or recovery.
(3) "Relative" has the meaning assigned by Section 20.01.
(4) "Victim of a disaster" means a person who has suffered harm as a result of a disaster.
(b) A person commits an offense if the person, with the intent to defraud or harm any person:
(1) solicits a donation from another person while inducing the other person to believe that the donation will be used for disaster response or recovery, regardless of the manner of solicitation;
(2) solicits donations on behalf of a donee with the intent to retain the donations instead of delivering the donations to the donee on whose behalf the donations were solicited;
(3) solicits payment from a victim of a disaster after:
(A) providing services to the victim that are related to disaster response or recovery, including debris removal or transportation; and
(B) inducing the victim to believe that:
(i) the person is a disaster volunteer; and
(ii) the services described by Paragraph (A) would be provided at no cost to the victim; or
(4) solicits payment from a victim of a disaster while inducing the victim to believe that the actor will search for or return to the victim a relative who is believed to be missing as a result of the disaster.
(c) An offense under Subsection (b)(1), (2), or (3) is:
(1) for a first offense, a felony of the third degree; or
(2) for a second or subsequent offense, a felony of the second degree.
(d) Notwithstanding Subsection (c), an offense under Subsection (b)(1), (2), or (3) is a felony of the first degree if the person fabricated a designation described by Subchapter L, Chapter 418, Government Code.
(e) An offense under Subsection (b)(4) is a felony of the first degree.
(f) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law, or both.
(1) "Disaster" has the meaning assigned by Section 418.004, Government Code.
(2) "Disaster volunteer" means a person who provides or offers to provide a service at no cost to or at the direction of:
(A) a victim of a disaster; or
(B) a governmental entity engaged in disaster response or recovery.
(3) "Relative" has the meaning assigned by Section 20.01.
(4) "Victim of a disaster" means a person who has suffered harm as a result of a disaster.
(b) A person commits an offense if the person, with the intent to defraud or harm any person:
(1) solicits a donation from another person while inducing the other person to believe that the donation will be used for disaster response or recovery, regardless of the manner of solicitation;
(2) solicits donations on behalf of a donee with the intent to retain the donations instead of delivering the donations to the donee on whose behalf the donations were solicited;
(3) solicits payment from a victim of a disaster after:
(A) providing services to the victim that are related to disaster response or recovery, including debris removal or transportation; and
(B) inducing the victim to believe that:
(i) the person is a disaster volunteer; and
(ii) the services described by Paragraph (A) would be provided at no cost to the victim; or
(4) solicits payment from a victim of a disaster while inducing the victim to believe that the actor will search for or return to the victim a relative who is believed to be missing as a result of the disaster.
(c) An offense under Subsection (b)(1), (2), or (3) is:
(1) for a first offense, a felony of the third degree; or
(2) for a second or subsequent offense, a felony of the second degree.
(d) Notwithstanding Subsection (c), an offense under Subsection (b)(1), (2), or (3) is a felony of the first degree if the person fabricated a designation described by Subchapter L, Chapter 418, Government Code.
(e) An offense under Subsection (b)(4) is a felony of the first degree.
(f) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law, or both.
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