Unauthorized Acquisition or Transfer of Certain Financial Information: Texas Penal Code §31.17

The Texas Unauthorized Acquisition or Transfer of Certain Financial Information law gives police the right to arrest you if they believe you obtained credit or debit card information when you were not authorized to do so.

The Texas legislature codified this criminal offense in Texas Penal Code Section 31.17. The legislature did not update this law in 2025. In fact, this law has not been amended since 2011.

The Penal Code classifies the Texas Unauthorized Acquisition or Transfer of Certain Financial Information law under Title 7 “Offenses Against Property,” Chapter 31 “Theft.” Learn more about the Texas offense of Unauthorized Acquisition or Transfer of Certain Financial Information below.

What is the current Texas law about Unauthorized Acquisition or Transfer of Certain Financial Information?

AV Preeminent Texas lawyer Paul Saputo provides the current law defining Unauthorized Acquisition or Transfer of Certain Financial Information in Penal Code Section §31.17, as follows:^[1]

(b) A person commits an offense if the person, knowing that the person is not entitled to obtain or possess that financial information:

(1) obtains the financial sight order or payment card information of another by use of an electronic, photographic, visual imaging, recording, or other device capable of accessing, reading, recording, capturing, copying, imaging, scanning, reproducing, or storing in any manner the financial sight order or payment card information; or

(2) transfers to a third party information obtained as described by Subdivision (1).

What is the penalty for a Texas Unauthorized Acquisition or Transfer of Certain Financial Information offense?

If the offense falls under subsection (b)(1) then a conviction for Unauthorized Acquisition Or Transfer Of Certain Financial Information in Texas is punished as a Class B misdemeanor,^[2] with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days.

If the offense falls under subsection (b)(2) then a conviction for Unauthorized Acquisition Or Transfer Of Certain Financial Information in Texas is punished as a Class A misdemeanor,^[3] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.

How can I be charged with an Unauthorized Acquisition or Transfer of Certain Financial Information offense in Texas?

You can be charged with Unauthorized Acquisition Or Transfer Of Certain Financial Information in Texas if the state’s attorneys believe that each of the elements of §31.17(b) as described in the section above have been met.

What is the statute of limitations for Unauthorized Acquisition or Transfer of Certain Financial Information in Texas?

As a misdemeanor, Unauthorized Acquisition or Transfer of Certain Financial Information charges have a two-year limitations period.^[4]

Can you get probation for Unauthorized Acquisition or Transfer of Certain Financial Information in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Unauthorized Acquisition or Transfer of Certain Financial Information, and judges are also allowed to accept deferred adjudication plea deals.^[5]

What level of crime is Unauthorized Acquisition or Transfer of Certain Financial Information in Texas?

The Penal Code classifies the punishment for the Unauthorized Acquisition or Transfer of Certain Financial Information offense under subsection (b)(1) as a Class B misdemeanor, and an offense under subsection (b)(2) as a Class A misdemeanor.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §31.17. This law is current as of 2025.^2. Texas Penal Code §31.17(c)^3. Texas Penal Code §31.17(c)^4. See Code of Criminal Procedure 12.02(a)^5. See Chapter 42A, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102