TDCAA Community
Need assistance from crim gurus...

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October 22, 2003, 08:19
Lisa Peterson
Need assistance from crim gurus...
OK, guys - I'm basically civil, juvie & small town - but - this one got dropped on me.

Guy in PA buys a camera from a local thief (I've had him since TYC days), and - surprise surprise - it is never sent. E-mail exchanges are specific as to merchandise and consideration. Local thief's name, address, and girlfriend are listed, as are his children. There is even a break and explanation of his 3 weeks off-line (he doesn't admit he was in custody!). The buyer has information that he could only have gotten from my local. Is Class A theft all I can create from this, or is there something else? Has anyone tried one of these? Confused
October 27, 2003, 17:27
Mark_Kennedy
I think the Theft charge is probably best suited for the facts you provided. However, you may want to look at the language in 32.46, Securing Execution of a Document by Deception. If your victim wrote a check or money order for the merchandise, that section may be a better fit.

Unfortunately, even that option doesn't escalate the penalties. As far as I can tell, you are stuck in Misdemeanor land with this one.

Then, again, I'm no guru.
October 27, 2003, 21:55
Gordon LeMaire
He did it once. Are there other victims in the weeds? We just indicted a theft charge with 90+ victims. Defendant had a long list of victims and history of not mailing items ordered and paid for. Looking to do another one soon. (With less victim's.)

Might be worth an investigation.