Testprep.com is owned by a Texas Tech grad student. There have been numerous investigations into this guy because he is suspected of stealing tests and then selling the information to students under the guise that he is running a tutoring company. On Monday, a TTU business professor gave a new exam that had not been used in the past to a class of 250 students. One of the students approached the professor and said he observed a person get the test and then run out the door. The professor sent three students over to the business the next day to try and buy some information on the professor and the class. The students paid around $50.00 to review a test from this professor and what do you know, all three students said it was the exact same test. The company doesn't allow the students to buy the exam, only review the exam. Also, the company takes cash only and will not give a receipt.
Problem: I can't find anything more than a possible class C misd. to file on this person. Sec 32.50 seems to fit as a deceptive preparation and marketing of an academic product, however, this has become such a huge problem and Class C measures have already been used to try and stop this person and have not worked.
Anyone have any ideas out there? I was thinking it might fit under 37.10 (6), tampering with a government document, but I don't think a test is considered a government document even though it is given by a professor of Texas Tech University.

could it be theft of a trade secret. 31.05. That's what Florida has charged in a similar situation. http://www.sptimes.com/2004/03/06/Tampabay/Tampa_teen_charged_wi.shtml

If you can determine that three or more people collaborated on the theft of the test papers, you might be able file Engaging in Organized Criminal Activity. PC 71.02. Theft is listed in (a)(1) and the monetary value of the test paper would probably be a Class C, so this would bump it up to a Class B.

Is this a business that is required to collect and pay state taxes? If so, are they doing it? Perhaps they are violating Tax laws. Just a thought.

Janette Ansolabehere

What about some type of injunctive relief? If it continued, contempt of court would be applicable. I'm certainly not a civil guy, but is that a possibility?

First, if your entrepreneur can get a copy of the University of Oklahoma playbook in advance of Saturday's game and provide it to Coach Leach, then I advise against filing charges.

In all seriousness, though, I haven't researched the issue to determine whether a public university professor could legitimately be considered a "public servant." Public school teachers are, but I don't know the status of higher education instructors. If so, the test seems to have been "received" from the professor and it probably was not otherwise made public. The Public Information Act, at section 552.026, indicates that "information contained in education records" is excepted from disclosure under the PIA. I do a bit of adjunct instruction at a local university, and I know that my tests are part of the "education records" maintained for my classes. Since the scheme as you describe it was intended to benefit the grad student, perhaps it's worth looking at section 39.06(c), since it would be a third-degree felony. This theory is probably analogous to Swiss cheese, but I leave that ultimate assessment to all of you, my better-informed prosecutorial colleagues.

I can remember some friends of mine attending Sam Houston used to be big buddies with some Frat guys and they always had tests for certain classes. The knew which proffs. used the same tests year after year after year and which ones used the same questions. The frat kept a file for it's members and such.
Point is that if the profs don't change them up, it's gonna happen all the time.
Now, as for a crime, don't know. But I seem to recall that a couple of my Law School Profs had copyright or something on their tests. Don't know if it was legit or what (I'm guessing yes since he was a fairly serious guy.) Maybe that should be looked into. Copyright it and then hit him if it turns up later.

A older man I used to teach with took his exams down to a local printer and had then printed at his own expense on his privately-purchased paper. After the exam, he took up all the test papers and filed them in a locked filing cabinet. He claimed they were his private property, and he said that no student had a right to access to his private property.

Do you think the value of the test would be measured by the sales made by the defendant?

Could you not also aggregate the amount by other thefts assuming you could prove that other test were stollen?

Go Raiders

Here was my suggestion to my "criminal" colleague across "Sky Bridge"...Tex. Pen. C. Sect. 37.10 (Tampering With A Government Record), especially Sect. 37.10(a)(6). If the test qualifies as a government record, then (a)(6) makes it an offense for a person to "possess, sell or offer to sell a governmental record or blank governmental record form with knowledge that it was obtained unlawfully." Per 37.10(c)(1) an offense is a Class A Misd. The enhancement to F3 or F2 provided by 37.10(c)(2) would not apply, as that section relates to public secondary schools and the TAKS test. Sorry. In essence, you are left with a Class A Misd. offense. Link three or more conspirators together and go after him for organized crime. What do the rest of you think? Surely this has come up in Austin/College Station/etc.

This would never come up in College Station! I have always called A&M the Harvard of the West. Now our football team is affirming that we are more like Harvard than I ever realized. It sounds like John has the best solution, but surely someone has a comment (A.P.?) about the value of a test from Tech!

No sir, Mark, I don't have any comment, which is my usual course as you know, very quiet type. I'm still trying to figure out that post about Vertigal Gaze Nostradamus and what he had to do with DWI. Unless he was gazing at the Wal Mart SPO when he made his predictions, which does make a little sense now.