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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.

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 law in Texas about Use of Accident Report Information and Other Information for Pecuniary Gain?

The offense is described in Section 38.18 of the Texas Penal Code.

(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.”1

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,2 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:

1Texas Penal Code Section 38.18(a)

2Texas Penal Code Section 38.18(d)

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