Texas Penal Code Practice 2025 – The All-in-One Guide to Mastering Your Exam!

For an act to be classified as "theft by check" in Texas, it specifically requires that a person issues a check without sufficient funds in the bank to cover the amount of the check. This means that when the issuer writes the check, they are aware that there are not enough funds available to honor it. This action demonstrates an intent to deceive the recipient of the check into believing they will receive payment, thus constituting theft.

The other scenarios do not meet the legal definition of theft by check under Texas law. For example, using a check accepted by a closed business does not necessarily imply malicious intent or theft; rather, it might stem from a misunderstanding or lack of knowledge about the business's status. Receiving a bounced check can occur due to various reasons that do not involve intent to defraud. Issuing multiple checks in a short time frame does not alone indicate theft unless it can also be shown that those checks were issued without funds and with intent to defraud. Therefore, the key element of issuing a check with insufficient funds is central to the legal classification of theft by check.