There are two offenses in the Texas Penal Code which can be used in dealing with hot checks: Theft (P.C.31.03) and Theft of Service (P.C.31.04). These offenses range from Class C Misdemeanor to Felony of the First Degree, depending on the amount of the check.
(1) Class C Misdemeanor: if the value of the check is less than $20.00; punishable by a fine not to exceed $500.00
(2) Class B Misdemeanor: If the value of the check is $20.00 or more but less than $500.00; punishable by a fine not to exceed $2,000.00 or 180 days in jail or both.
(3) Class A Misdemeanor: If the value of the check is $500.00 or more but less than $1,500.00; punishable by a fine not to exceed $4,000.00 or 1 year in jail or both.
(4) Felony of the First Degree: All check that exceed $1,500.00; these cases are referred to the District Attorney’s Office.
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