Use of Accident Report Information for Pecuniary Gain graphic with Texas flag

Use of Accident Report Information and Other Information for Pecuniary Gain

The Use of Accident Report Information and Other Information for Pecuniary Gain crime in the state of Texas gives police the right to arrest you if they believe you received certain information from a governmental entity and used it for the solicitation of a business to gain money. Learn more detailed information about the Use of Accident Report Information and Other Information for Pecuniary Gain offense below.

Have you been charged with Use of Accident Report Information and Other Information for Pecuniary Gain? Call criminal lawyer Paul Saputo at (888) 239-9305 to discuss legal representation.

Use of Accident Report Information and Other Information for Pecuniary Gain is classified in the Texas Penal Code under Title 8 “Offenses Against Public Administration,” Chapter 38 “Obstructing Governmental Operation.”

What is the current Texas law about Use of Accident Report Information and Other Information for Pecuniary Gain?

The current Texas law is as follows:1

(b) A person commits an offense if:

(1) the person obtains information described by Subsection (a) from the Department of Public Safety of the State of Texas or other governmental entity; and

(2) the information is subsequently used for the direct solicitation of business or employment for pecuniary gain by:

(A) the person;

(B) an agent or employee of the person; or

(C) the person on whose behalf the information was requested.

(c) A person who employs or engages another to obtain information described by Subsection (a) from the Department of Public Safety or other governmental entity commits an offense if the person subsequently uses the information for direct solicitation of business or employment for pecuniary gain.

The information described by subsection (a) is: “information described by Section 550.065(a), Transportation Code” (accident reports), “information reported under Chapter 772, Health and Safety Code (emergency communications), other than information that is confidential under that chapter” and “information contained in a dispatch log, a towing record, or a record of a 9-1-1 service provider, other than information that is confidential under Chapter 772, Health and Safety Code.”2

How can I be charged with Use of Accident Report Information and Other Information for Pecuniary Gain?

You can be charged with Use of Accident Report Information and Other Information for Pecuniary Gain if the state’s attorneys believe that each of the elements of 38.18(a) or (b), as described in the section above, have been met.

What is the punishment for Use of Accident Report Information and Other Information for Pecuniary Gain?

A conviction for Use of Accident Report Information and Other Information for Pecuniary Gain is punished as a Class B misdemeanor,3 with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days. Learn about the differences between grades of felonies and misdemeanors


Legal References:

1 Texas Penal Code §38.18

2 Texas Penal Code §38.18(a)

3 Texas Penal Code §38.18(d)

Recent Case Results

  • 2019 Not Guilty in Collin County DWI >0.15
  • 2019 Not Guilty in Dallas County Indecency with a Child
  • Oral Argument at the United States Federal 5th Circuit Court of Appeals on Prosecutorial Misconduct Claim arising out of Northern District of Texas
  • 2018 Not Guilty in Martin County Aggravated Assault with a Deadly Weapon on a Peace Officer
  • Not Guilty in 2018 Dallas County DWI Trial
  • Client cleared in Dallas Police Shooting wrongful accusation
  • Federal sentencing results in 10 Year Downward Deviation from Sentencing Guidelines in 2018
  • Not Guilty Jury Verdict for client originally accused of Intoxication Manslaughter
  • Case Dismissed after picking jury in Aggravated Sexual Assault of Child case in 2017
  • United States Attorney dismisses case against client charged in El Paso Federal Court with Possession of Child Pornography
  • ALL CHARGES DISMISSED against our client in the Twin Peaks Waco Biker case
  • Client “No-billed” by grand jury investigating shooting death case
  • Coverage of Case Involving Waco teacher sending messages to student
  • Judge returns a Directed Verdict of Acquittal in case involving trainer of professional athletes
  • Rare Not Guilty verdict in Rockwall County DWI
  • 2016 Dismissal of Fort Worth Federal Possession of Obscene Visual Representation of the Sexual Abuse of Children
  • Hill County Money Laundering case Dismissed and civil asset forfeiture assets returned
  • Coverage of teen Lewisville client charged with hit-and-run death
  • Two Montague County Indecency with a Child cases Dismissed