Texas Business and Commerce Code 621.251 – Criminal Penalty
Current as of: 2024 | Check for updates
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(a) A person commits an offense if the person knowingly violates this chapter.
(b) Except as provided by Subsection (c), an offense under this section is a Class B misdemeanor.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Third degree felony | between 2 and 10 years | up to $10,000 |
| Class A misdemeanor | up to 1 year | up to $4,000 |
| Class B misdemeanor | up to 180 days | up to $2,000 |
Terms Used In Texas Business and Commerce Code 621.251
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) An offense under this section is:
(1) a Class A misdemeanor if it is shown at the trial of the defendant that:
(A) the defendant has previously been convicted of an offense under this section; and
(B) the offense for which the defendant is on trial was committed not later than the fifth anniversary of the date of the previous conviction; or
(2) a third degree felony if it is shown at the trial of the defendant that:
(A) the defendant has previously been twice convicted of an offense under this section; and
(B) the offense for which the defendant is on trial was:
(i) intentional; and
(ii) committed not later than the fifth anniversary of the earlier of the dates of two previous convictions.
(d) Subsection (c)(2) does not apply to a violation of Subchapter D.
(e) A person may not be prosecuted for more than one offense involving the same promotion regardless of whether that promotion is mailed or distributed to more than one person or is used at more than one location.