Sec. 31.11. TAMPERING WITH IDENTIFICATION NUMBERS. (a) A person commits an offense if the person:
(1) knowingly or intentionally removes, alters, or obliterates the serial number or other permanent identification marking on tangible personal property; or
(2) possesses, sells, or offers for sale tangible personal property and:
(A) the actor knows that the serial number or other permanent identification marking has been removed, altered, or obliterated; or
(B) a reasonable person in the position of the actor would have known that the serial number or other permanent identification marking has been removed, altered, or obliterated.
(b) It is an affirmative defense to prosecution under this section that the person was:
(1) the owner or acting with the effective consent of the owner of the property involved;
(2) a peace officer acting in the actual discharge of official duties; or
(3) acting with respect to a number assigned to a vehicle by the Texas Department of Transportation or the Texas Department of Motor Vehicles, as applicable, and the person was:
(A) in the actual discharge of official duties as an employee or agent of the department; or
(B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department.
(c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property.
(d) An offense under this section is a Class A misdemeanor.
(e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code.
Added by Acts 1979, 66th Leg., p. 417, ch. 191, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 4525, ch. 741, Sec. 2, eff. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 113, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 165, Sec. 30.239, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3J.02, eff. September 1, 2009.
Notes of Decisions
Cited in
22
cases (
2 in the last 5 years), 1985–2024 · leading case:
Dill v. State, 697 S.W.2d 702 (Tex. App. 1985).
Dill v. State, 697 S.W.2d 702 (Tex. App. 1985).
· cites it 5× “Texas Penal Code Ann. § 31.11 (Vernon Supp.”
York v. State, 373 S.W.3d 32 (Tex. 2012).
“Knowingly possessing a vehicle without a serial number or permanent identification marking is a Class A misdemeanor, Tex. Penal Code § 31.11(a)(2), but it is an affirmative defense to prosecution that the possessor was "the owner or acting with the effective consent of the…”
York v. State, 298 S.W.3d 735 (Tex. App. 2009).
· cites it 2× “Tex. Penal Code Ann. § 31.11 (b)(1) (Vernon 2003).”
Robertson v. State, 888 S.W.2d 493 (Tex. App. 1994).
“The State suggests that we look to cases involving burglary offenses for guidance in making our determination of the sufficiency of the evidence in this case. 6 We feel, however, that it is more appropriate to review cases involving the offense of tampering with identification…”
Meraz v. State, 950 S.W.2d 739 (Tex. App. 1997).
“03(b)[3]), Tampering With Identification Numbers (Tex.Penal Code Ann. § 31.11), Hindering Proceedings by Disorderly Conduct (Tex.”
Boudreaux v. State, 24 S.W.3d 503 (Tex. App. 2000).
“Tex. Pen.Code Ann. § 31.11 (Vernon Supp.2000).”
United States v. MacCready, 878 F. Supp. 976 (W.D. Tex. 1995).
“The Defendant was arrested and charged with a violation of the Texas Penal Code § 31.11, which prohibits the possession of any tangible personal property knowing the serial number has been removed, altered or obliterated.”
Rhoades, Dustin Ryan (Tex. App. 2015).
· cites it 2× “05(c) 27 TEX. PENAL CODE ANN. § 30.05(c) 18 TEX. PENAL CODE ANN.”
— Tex. Penal Code § 31.11(a) — 1 case
— Tex. Penal Code § 31.11(a)(2) — 1 case
York v. State, 373 S.W.3d 32 (Tex. 2012).
“Knowingly possessing a vehicle without a serial number or permanent identification marking is a Class A misdemeanor, Tex. Penal Code § 31.11(a)(2), but it is an affirmative defense to prosecution that the possessor was "the owner or acting with the effective consent of the…”
— Tex. Penal Code § 31.11(b)(2) — 1 case
Rhoades, Dustin Ryan (Tex. App. 2015).
“05(c) 27 TEX. PENAL CODE ANN. § 30.05(c) 18 TEX. PENAL CODE ANN.”
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