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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 1TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 5CRIMINAL LAW ENFORCEMENT
SUBCHAPTER BREPORTING PROPERTY CRIMES AGAINST THE ELDERLY
RULE §5.11Subchapter Definitions

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.

  (1) Analysis under this subchapter means a 28 Code of Federal Regulations (CFR)--compliant analysis by the department of information collected under this subchapter in conjunction with other corresponding information to determine:

    (A) a trend or pattern, including modus operandi (MO);

    (B) a general outline of a confidence scheme, including victim selection;

    (C) a general description of an organization engaging in confidence schemes; and

    (D) specific identification of a potential victim, offender, or organization, including membership, address, alias, opening gambit, and vehicle information.

  (2) Elderly individual--means a person 65 years of age or older.

  (3) Property crime--means:

    (A) an offense under Penal Code, Chapter 31 (Theft);

    (B) an offense under Penal Code, Chapter 32 (Fraud);

    (C) any other offense under the Penal Code involving an intent to steal or defraud, which may include robbery, burglary, or computer crime; or

    (D) if the underlying offense is described by this paragraph:

      (i) a preparatory offense under Penal Code, Chapter 15; or

      (ii) an organized crime offense under Penal Code, Chapter 71.


Source Note: The provisions of this §5.11 adopted to be effective March 25, 2002, 27 TexReg 2239; amended to be effective March 11, 2008, 33 TexReg 2036

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