A person commits an offense if, without the effective consent of the owner, the person intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner with: paint; an indelible marker; or an etching or engraving device.

An offense under this section is: a Class B misdemeanor if the amount of pecuniary loss is less than $500; a Class A misdemeanor if the amount of pecuniary loss is $500 or more but less than $1,500; a state jail felony if the amount of pecuniary loss is $1,500 or more but less than $20,000; a felony of the third degree if the amount of pecuniary loss is $20,000 or more but less than $100,000; a felony of the second degree if the amount of pecuniary loss is $100,000 or more but less than $200,000; or a felony of the first degree if the amount of pecuniary loss is $200,000 or more.

When more than one item of tangible property, belonging to one or more owners, is marked in violation of this section pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the amounts of pecuniary loss to property resulting from the marking of the property may be aggregated in determining the grade of the offense.

An offense under this section is a state jail felony if: the marking is made on a school, an institution of higher education, a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs;  and the amount of the pecuniary loss to real property or to tangible personal property is less than $20,000.

“Aerosol paint” means an aerosolized paint product.

“Etching or engraving device” means a device that makes a delineation or impression on tangible property, regardless of the manufacturer’s intended use for that device.

“Indelible marker” means a device that makes a mark with a paint or ink product that is specifically formulated to be more difficult to erase, wash out, or remove than ordinary paint or ink products.

“School” means a private or public elementary or secondary school

 If you are being charged with a criminal offense and need legal assistance, please contact The Swain Law Firm at (405)501-0827 to receive a free consultation.

Law Offices of Matt Swain

405-501-0827

In this section: “Railroad property” means: a train, locomotive, railroad car, caboose, work equipment, rolling stock, safety device, switch, or connection that is owned, leased, operated, or possessed by a railroad;  or a railroad track, rail, bridge, trestle, or right-of-way owned or used by a railroad. “Tamper” means to move, alter, or interfere with railroad property.

A person commits an offense if the person: throws an object or discharges a firearm or weapon at a train or rail-mounted work equipment; or without the effective consent of the owner: enters or remains on railroad property, knowing that it is railroad property; tampers with railroad property; places an obstruction on a railroad track or right-of-way; or causes in any manner the derailment of a train, railroad car, or other railroad property that moves on tracks.

If an offense is caused by a firearm or by throwing of an object, it is a Class B misdemeanor unless the person causes bodily injury to another, in which event the offense is a felony of the third degree.

An offense of trespassing property is a Class C misdemeanor.

An offense of tampering with railroad property, placing obstruction on railroad tracks or the derailment of train is a Class C misdemeanor unless the person causes pecuniary loss, in which event the offense is: a Class B misdemeanor if the amount of pecuniary loss is $20 or more but less than $500; a Class A misdemeanor if the amount of pecuniary loss is $500 or more but less than $1,500; a state jail felony if the amount of pecuniary loss is $1,500 or more but less than $20,000; a felony of the third degree if the amount of the pecuniary loss is $20,000 or more but less than $100,000; a felony of the second degree if the amount of pecuniary loss is $100,000 or more but less than $200,000;  or a felony of the first degree if the amount of the pecuniary loss is $200,000 or more.

The conduct of trespassing is not an offense under this section if it is undertaken by an employee of the railroad or by a representative of a labor organization which represents or is seeking to represent the employees of the railroad as long as the employee or representative has a right to engage in such conduct.

If you are being charged with a criminal offense and need legal assistance, please contact The Swain Law Firm at (405)501-0827 to receive a free consultation.

Law Offices of Matt Swain

405-501-0827

The amount of pecuniary loss, if the property is destroyed, is: the fair market value of the property at the time and place of the destruction; or if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the destruction.

The amount of pecuniary loss, if the property is damaged, is the cost of repairing or restoring the damaged property within a reasonable time after the damage occurred.

The amount of pecuniary loss for documents, other than those having a readily ascertainable market value, is: the amount due and collectible at maturity less any part that has been satisfied, if the document constitutes evidence of a debt; or the greatest amount of economic loss that the owner might reasonably suffer by virtue of the destruction or damage if the document is other than evidence of a debt.

If the amount of pecuniary loss cannot be ascertained by the criteria set forth in paragraphs one through three, the amount of loss is deemed to be greater than $500 but less than $1,500.

If the actor proves by a preponderance of the evidence that he gave consideration for or had a legal interest in the property involved, the value of the interest so proven shall be deducted from: the amount of pecuniary loss if the property is destroyed; or the amount of pecuniary loss to the extent of an amount equal to the ratio the value of the interest bears to the total value of the property, if the property is damaged.

If you are being charged with a criminal offense and need legal assistance, please contact The Swain Law Firm at (405)501-0827 to receive a free consultation.

Law Offices of Matt Swain

405-501-0827

A person commits an offense if, without the effective consent of the owner, he recklessly damages or destroys property of the owner.

An offense under this section is a Class C misdemeanor.

If you are being charged with a criminal offense and need legal assistance, please contact The Swain Law Firm at (405)501-0827 to receive a free consultation.

Law Offices of Matt Swain

405-501-0827

A person commits an offense if, without the effective consent of the owner: he intentionally or knowingly damages or destroys the tangible property of the owner; he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.

Except, an offense under this section is: a Class C misdemeanor if: the amount of pecuniary loss is less than $50; or it causes substantial inconvenience to others; a Class B misdemeanor if the amount of pecuniary loss is $50 or more but less than $500; a Class A misdemeanor if: the amount of pecuniary loss is  $500 or more but less than $1,500; or the actor causes in whole or in part impairment or interruption of any public water supply, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public water supply, regardless of the amount of the pecuniary loss; a state jail felony if the amount of pecuniary loss is: $1,500 or more but less than $20,000; less than $1,500, if the property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm or explosive weapon; less than $1,500, if the property was a fence used for the production or containment of: cattle, bison, horses, sheep, swine, goats, exotic livestock, or exotic poultry; or game animals; or less than $20,000 and the actor causes wholly or partly impairment or interruption of public communications, public transportation, public gas or power supply, or other public service, or causes to be diverted wholly, partly, or in any manner, including installation or removal of any device for any such purpose, any public communications or public gas or power supply; a felony of the third degree if the amount of the pecuniary loss is $20,000 or more but less than $100,000; a felony of the second degree if the amount of pecuniary loss is $100,000 or more but less than $200,000; or a felony of the first degree if the amount of pecuniary loss is $200,000 or more.

It shall be presumed that a person who is receiving the economic benefit of public communications, public water, gas, or power supply, has knowingly tampered with the tangible property of the owner if the communication or supply has been: diverted from passing through a metering device; or prevented from being correctly registered by a metering device;  or activated by any device installed to obtain public communications, public water, gas, or power supply without a metering device.

The terms “public communication, public transportation, public gas or power supply, or other public service” and “public water supply” shall mean, refer to, and include any such services subject to regulation by the Public Utility Commission of Texas, the Railroad Commission of Texas, or the Texas Natural Resource Conservation Commission or any such services enfranchised by the State of Texas or any political subdivision thereof.

When more than one item of tangible property, belonging to one or more owners, is damaged, destroyed, or tampered with in violation of this section pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the amounts of pecuniary loss to property resulting from the damage to, destruction of, or tampering with the property may be aggregated in determining the grade of the offense.

An offense under this section is a state jail felony if the damage or destruction is inflicted on a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs and the amount of the pecuniary loss to real property or to tangible personal property is less than $20,000.

In this section: “Explosive weapon” means any explosive or incendiary device that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes: an explosive or incendiary bomb, grenade, rocket, and mine; a device designed, made, or adapted for delivering or shooting an explosive weapon; and a device designed, made, or adapted to start a fire in a time-delayed manner.

“Aluminum wiring” means insulated or noninsulated wire or cable that consists of at least 50 percent aluminum, including any tubing or conduit attached to the wire or cable.

“Bronze wiring” means insulated or noninsulated wire or cable that consists of at least 50 percent bronze, including any tubing or conduit attached to the wire or cable.

“Copper wiring” means insulated or noninsulated wire or cable that consists of at least 50 percent copper, including any tubing or conduit attached to the wire or cable.

“Transportation communications equipment” means: an official traffic-control device, railroad sign or signal, or traffic-control signal; or a sign, signal, or device erected by a railroad, public body, or public officer to direct the movement of a railroad train.

“Transportation communications device” means any item attached to transportation communications equipment, including aluminum wiring, bronze wiring, and copper wiring.

An offense under this section is a state jail felony if the amount of the pecuniary loss to real property or to tangible personal property is $1,500 or more but less than $20,000 and the damage or destruction is inflicted on a public or private elementary school, secondary school, or institution of higher education.

An offense under this section is a felony of the first degree if the property is livestock and the damage is caused by introducing bovine spongiform encephalopathy, commonly known as mad cow disease, or a disease. 

An offense under this section is a felony of the third degree if: the tangible property damaged, destroyed, or tampered with is transportation communications equipment or a transportation communications device; and the amount of the pecuniary loss to the tangible property is less than $100,000.

If you have been charged with a criminal offense and want legal assistance, please contact The Swain Law Firm at (405)501-0827 to receive a free consultation.

Law Offices of Matt Swain

405-501-0827