Law Office of Kimberly N. Shanklin, PLLC.
Serving Denton County Since 2002
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Fraudulent Transfer of a Motor Vehicle

Fraudulent Transfer of Motor Vehicle

Chapter 32 of the Texas Penal Code defines offenses relating to fraud.

“Fraudulent Transfer of a Motor Vehicle”, as per § 32.34 of the Texas Penal Code, occurs when a person acquires, accepts possession of, or exercises control over the motor vehicle of another under a written or oral agreement to arrange for the transfer of the vehicle to a third party and:

(1)    knowing the vehicle is subject to a security interest, lease, or lien, the person transfers the vehicle to a third party without first obtaining written authorization from the vehicle's secured creditor, lessor, or lienholder;

(2)    intending to defraud or harm the vehicle's owner, the person transfers the vehicle to a third party;

(3)    intending to defraud or harm the vehicle's owner, the person disposes of the vehicle in a manner other than by transfer to a third party; or

(4)    the person does not disclose the location of the vehicle on the request of the vehicle's owner, secured creditor, lessor, or lienholder.

An offense under 1), 2), or 3) is:

  • a state jail felony if the value of the motor vehicle is less than $30,000;

  • a felony of the third degree if the value of the motor vehicle is $30,000 or more but less than $150,000;

  • a felony of the second degree if the value of the motor vehicle is $150,000 or more but less than $300,000; or

  • a felony of the first degree if the value of the motor vehicle is $300,000 or more.

An offense under 4) is a Class A Misdemeanor

Severity of Crime

Misdemeanor A

  • Confinement in jail for a term not to exceed one year

  • Fine not to exceed $4,000

  • Both such fine and confinement

State Jail Felony

  • Confinement in a state jail for not more than two years and not less than 180 days

  • In addition to confinement, may receive a fine not to exceed $10,000

Third Degree Felony

  • Imprisonment in the institutional division for not more than 10 years or less than two years

  • In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree FelonY

  • Imprisonment in the institutional division for not more than 20 years or less than two years

  • In addition to imprisonment, may receive a fine not to exceed $10,000

First Degree Felony

  • Imprisonment in the institutional division for life, or

  • Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon

  • In addition to imprisonment, may receive a fine not to exceed $10,000