The Texas Use of Collision Report Information and Other Information for Pecuniary Gain law gives police the right to arrest you if they believe you received accident reports, emergency communications, tow dispatches, or 9-1-1 records from a governmental entity and used them for the direct solicitation of business or employment.
FAQs about the
Use of Collision Report Information for Pecuniary Gain law in Texas
- What is the current Texas law about Use of Collision Report Information and Other Information for Pecuniary Gain?
- How can I be charged with a Use of Collision Report Information for Pecuniary Gain offense in Texas?
- What is the statute of limitation for Use of Collision Report Information for Pecuniary Gain in Texas?
- What is the penalty for a Texas Use of Collision Report Information for Pecuniary Gain offense?
- Can you get probation for Use of Collision Report Information for Pecuniary Gain in Texas?
- What level of crime is Use of Collision Report Information for Pecuniary Gain in Texas?
The Texas legislature codified this criminal offense in Texas Penal Code Section 38.18. The legislature did not updated this law in 2023 by swapping the word “Collision” for “Accident” on the offense header name. This was a nonsubstantive chage. Originally, the offense was entitled “Use of Accident Report Information and Other Information for Pecuniary Gain.”
The Penal Code codifies the Texas Use of Collision Report Information for Pecuniary Gain law under Title 8 “Offenses Against Public Administration,” Chapter 38 “Obstructing Governmental Operation.” Learn more about the Texas offense of Use of Collision Report Information and Other Information for Pecuniary Gain below.
What is the current Texas law about Use of Collision Report Information and Other Information for Pecuniary Gain?
The current Texas law defines the offense of Use of Collision Report Information and Other Information for Pecuniary Gain in Penal Code Section §38.18 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 a Use of Collision Report Information for Pecuniary Gain offense in Texas?
You can be charged with Use of Accident Report Information and Other Information for Pecuniary Gain in Texas 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 statute of limitation for Use of Collision Report Information for Pecuniary Gain in Texas?
As a misdemeanor, Use of Collision Report Information for Pecuniary Gain charges have a two-year limitations period.[3]
What is the penalty for a Texas Use of Collision Report Information for Pecuniary Gain offense?
A conviction for Use of Accident Report Information and Other Information for Pecuniary Gain in Texas is punished as a Class B misdemeanor,[4] 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 here.
Can you get probation for Use of Collision Report Information for Pecuniary Gain in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Use of Collision Report Information for Pecuniary Gain, and judges are also allowed to accept deferred adjudication plea deals.[5]
What level of crime is Use of Collision Report Information for Pecuniary Gain in Texas?
The Penal Code classifies Use of Collision Report Information for Pecuniary Gain as a Class B misdemeanor.
Learn more about the penalty range for this offense in the section above.
Legal References:
^1. Texas Penal Code §38.18. This law is current as of the 88th Legislature Regular Session.^2. Texas Penal Code §38.18(a)^3. See Code of Criminal Procedure 12.02(a)^4. Texas Penal Code §38.18(d)^5. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .
