For example, if they are claiming that they are entitled to receive the services, then they will need to show proof of receipts, paid service bills, witness statements from a service providers billing department, and so forth. 31.14. 1, eff. May I Legally Refuse Field Sobriety Tests if Stopped for DWI? 3J.02, eff. 7, 2021). Theft by deception. Amended by Acts 1999, 76th Leg., ch. His customers said Kevin Kissire took large deposits of money, promised to come back . The only way to avoid the retainage requirement . 4, 5, eff. (2) transfers to a third party information obtained as described by Subdivision (1). (b) A person commits an offense if the person, knowing that the person is not entitled to obtain or possess that financial information: (1) obtains the financial sight order or payment card information of another by use of an electronic, photographic, visual imaging, recording, or other device capable of accessing, reading, recording, capturing, copying, imaging, scanning, reproducing, or storing in any manner the financial sight order or payment card information; or. ForRead more, The short answer is absolutely as long as they comply with Section 15.50, et. (a) A person who commits theft is liable for the damages resulting from the theft. 1, eff. 9, eff. A value between $150,000 and $299,999 is a second-degree felony, punishable by a jail sentence between two and 20 years in prison and a fine of up to $10,000. This includes taking, say, a shirt and leaving with it, or switching the tag on an . (F) the value of the property stolen is less than $20,000 and the property stolen is: (5) a felony of the third degree if the value of the property stolen is $30,000 or more but less than $150,000, or the property is: (A) cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $150,000; (B) 10 or more head of sheep, swine, or goats stolen during a single transaction and having an aggregate value of less than $150,000; or. Tex. 753, Sec. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Sec. This could develop into both a civil and criminal matter. On the other hand, theft of service crimes that add up to more than $500, but less than $10,000, will be considered a misdemeanor offense. (B) a television set, videotape recorder, or other receiver attached to a multichannel video or information system; (2) attaches, causes to be attached, or maintains the attachment of a device to: (B) a television set, videotape recorder, or other receiver attached to a multichannel video or information services system; (3) tampers with, modifies, or maintains a modification to a device installed by a multichannel video or information services provider; or. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Home Sec. 318, Sec. September 1, 2011. 4, eff. (b) A person commits an offense if the person intentionally appropriates mail from another person's mailbox or premises without the effective consent of the addressee and with the intent to deprive that addressee of the mail. Prior to that time, theft was of course a criminal . A police affidavit states a Cache County woman entered into a contract . 821), Sec. (e) Except as provided by Subsection (f), an offense under this section is: (1) a Class C misdemeanor if the value of the property stolen is less than $100; (A) the value of the property stolen is $100 or more but less than $750; (B) the value of the property stolen is less than $100 and the defendant has previously been convicted of any grade of theft; or. MAIL THEFT. App. Accordingly, courts have held that the award of fees to a prevailing party in a TTLA action is mandatory. (j) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the state Medicaid program. (2) is employed as a driver lawfully contracted to transport a specific cargo by vehicle from a known point of origin to a known point of destination and, with the intent to conduct, promote, or facilitate an activity described by Subdivision (1), knowingly or intentionally: (A) fails to deliver the entire cargo to the known point of destination as contracted; or. September 1, 2009. 4, eff. However, in Texas, the crime also includes the theft of services you have not paid for. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law The Firm THEFT OF TRADE SECRETS. Albertsons, Inc. v. Sinclair, 984 S.W.2d 958, 961 (Tex. 1, eff. The crime of Theft of Service is charged as a Class C misdemeanor under Texas Penal Code Section 31.04. Finally, if a defendant was coerced into committing theft of service in order to avoid physical harm, the defendant may be able to use coercion as a legal defense. In this chapter: (A) creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true; (B) failing to correct a false impression of law or fact that is likely to affect the judgment of another in the transaction, that the actor previously created or confirmed by words or conduct, and that the actor does not now believe to be true; (C) preventing another from acquiring information likely to affect his judgment in the transaction; (D) selling or otherwise transferring or encumbering property without disclosing a lien, security interest, adverse claim, or other legal impediment to the enjoyment of the property, whether the lien, security interest, claim, or impediment is or is not valid, or is or is not a matter of official record; or. (2) during the commission of the offense, a person engaged in an activity described by Subsection (b) intentionally, knowingly, or recklessly: (e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 134.004. 1.01, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. BRYAN, Texas (KBTX) - A top employee at a local construction company is facing charges for theft of service. Sept. 1, 1987; Acts 1989, 71st Leg., ch. If a person needs to use it as evidence, this can make it easier to print. 933 (H.B. Class A Misdemeanor if the value of the services stolen is between $750 and $2,500. 1, eff. SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. (a) For purposes of this section: (1) "Article" means any object, material, device, or substance or any copy thereof, including a writing, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map. Acts 2015, 84th Leg., R.S., Ch. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 1, eff. 479, Sec. In some circumstances, such as those involving actual hardware, a defendant may wish to use recordings or photographs to demonstrate that they could not have reasonably diverted the services or never did. (2) if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the theft. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. In some cases, a civil breach of contract may escalate into criminal theft if the state can prove a defendant acted with fraudulent intent. Sample 1. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Meanwhile, larceny is one sort of stealing within the larger category of theft. Telecommunication, public utility, or transportation services; Altering a gas or electric meter to pay less on a monthly bill, and. If you want to file a breach of contract claim in Texas, it is important to understand how the statute of limitations might impact your case. September 1, 2011. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. White-Collar Crime (d-4) A presumption established under Subsection (b) involving a defendant's failure to return property held under an agreement described by Subsections (d-2)(1)-(3) may be refuted if the defendant shows that the defendant: (1) intended to return the property; and. 734, Sec. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1994; Acts 1997, 75th Leg., ch. (2) committed the offense for remuneration, in which event the offense is a Class A misdemeanor, unless it is also shown on the trial of the offense that the actor has been previously convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor with a minimum fine of $2,000 and a minimum term of confinement of 180 days. A value between $30,000 and $149,999 is a third-degree felony, punishable by a prison sentence between two and ten years and a fine of up to $10,000. The following guidelines are generally set for varying degrees of theft based on the amount or value of property taken: "Class C" misdemeanor: $50 or less. 706 (H.B. When the parties have a miscommunication, such as if a company believes that a customer is already paying for the service and the customer thinks that they are being charged automatically; By accident like if a person is in a public space and is using a. What Does Personal Jurisdiction Mean Anyway? "Wage Theft" Statute Opens Door to Criminal Charges in Construction Disputes . (11) "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment. Theft In The State Of Texas. Dallas July 7, 2016, no. (B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo. If a contractor won't pay a subcontractor and the wronged party files a lawsuit under the Act, the Act carries a . (B) fails to file with the county tax assessor-collector of the county in which the actor received the motor vehicle, not later than the 20th day after the date the actor received the motor vehicle, the registration license receipt and certificate of title or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 520, Transportation Code, at the time the motor vehicle was delivered; (8) an actor who purchases or receives from any source other than a licensed retailer or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide or a compound, mixture, or preparation containing a restricted-use or state-limited-use pesticide is presumed to know on receipt by the actor of the pesticide or compound, mixture, or preparation that the pesticide or compound, mixture, or preparation has been previously stolen from another if the actor: (A) fails to record the name, address, and physical description of the seller or pledgor; (B) fails to record a complete description of the amount and type of pesticide or compound, mixture, or preparation purchased or received; and, (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property; and. 1, eff. Tex. (2) payment was refused by the bank or other drawee for lack of funds or insufficient funds, on presentation within 30 days after issue, and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal. UNAUTHORIZED USE OF A VEHICLE. If a person is convicted of minor larceny, they may be required to pay criminal fines to the state. (A) to bring about a transfer or purported transfer of title to or other nonpossessory interest in property, whether to the actor or another; or. 4, eff. 1488), Sec. Let the client know that payment needs to be made. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. September 1, 2011. CLIENT shall notify Consultant immediately, in writing or by calling the customer support line, if any Services, devices, firmware, or software are stolen or if CLIENT becomes aware at any time that any Services, devices . 2.136, eff. Military Dependent Undergrad, 2020 by Barnett Howard & Williams PLLC - Criminal Defense, Personal Injury, and Family Law. 1, eff. Theft of service crime can also occur when a person purposefully re-routes a service that is already being paid for by another customer and uses the service without paying either the company or the other party. September 1, 2013. We may be able to help you as well, so call us at (414) 271-9595. 1, eff. September 1, 2011. The Milwaukee theft of services defense lawyers of Hart Powell, S.C. help clients who are seeking to get their theft of services charge dismissed or expunged from their records. Acts 2011, 82nd Leg., R.S., Ch. Houston [1st Dist.] 2, eff. We require full payment in advance and will prosecute any A victim of a crime may seek monetary damages in addition to criminal punishment by suing the culprit in civil court. Thus, theft of trade secrets is no longer a violation of the TTLA. September 1, 2019. (d) It is not a defense to prosecution under this section that: (1) the offense occurred as a result of a deception or strategy on the part of a law enforcement agency, including the use of an undercover operative or peace officer; (2) the actor was provided by a law enforcement agency with a facility in which to commit the offense or an opportunity to engage in conduct constituting the offense; or. Generally speaking, however, the individual reporting the crime will need to determine whether they are dealing with a felony or misdemeanor offense. 1215), Sec. Code 134.003(a) and 134.005. 432, Sec. THEFT OF SERVICES. Chapter 3: Basic Standards. September 1, 2007. Jaclyn holds a J.D. 323, Sec. Statutes Title 7, Offenses Against Property; Chapter 31, Theft; Section 31.04, Theft of Service. (D) the supply of a motor vehicle or other property for use. Jan. 1, 1974. (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (5) during the commission of the offense, the actor intentionally, knowingly, or recklessly: (A) caused a fire exit alarm to sound or otherwise become activated; (B) deactivated or otherwise prevented a fire exit alarm or retail theft detector from sounding; or. 31.04. The amount of criminal fines and the length of jail time will be determined by the circumstances. A person commits theft if he obtains property of another by deception. Acts 2009, 81st Leg., R.S., Ch. September 1, 2009. 1, eff. Varita V. Quincy, 35, of Snellville, Georgia pleaded guilty on Oct. 13, 2020 , to one count of conspiracy to defraud the United States and commit theft of property of value to the United . seq., of the Texas Business & Commerce Code, otherwise known as the Covenants Not to Compete Act (the Act). 900, Sec. Amended by Acts 1983, 68th Leg., p. 4525, ch. 1219 (S.B. A person deceives if he intentionally: (1) Creates or reinforces a false impression, including false impressions as to law, value, intention, or other state of mind; but deception as to a person's intention to perform a promise shall not be inferred from . Sept. 1, 1997; Acts 1997, 75th Leg., ch. However, theft of property is still a violation of the TTLA. September 1, 2017. 260 (H.B. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. There are a number of different legal defenses that a defendant might potentially be able to raise against a charge or claim for theft of services. THEFT OF SERVICES. 20, eff. (d) An offense under this section is a Class A misdemeanor. Sec. The penalties for theft of services include: Penalty Class C Misdemeanor (value of service stolen is less than $20) Class B Misdemeanor (value of service stolen is $20 or more but less than $500) 5, eff. 31.20. (3) "Nonprofit organization" means an organization that is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, by being described as an exempt organization by Section 501(c)(3) of that code. 165, Sec. 3J.01, eff. (a) Every person who knowingly and designedly, by any false or . (c) Except as provided by Subsections (d) and (e), an offense under this section is: (1) a Class A misdemeanor if the mail is appropriated from fewer than 10 addressees; (2) a state jail felony if the mail is appropriated from at least 10 but fewer than 30 addressees; or. If you are convicted of theft of services as a Class A misdemeanor, you might face up to a year in jail as well as a fine. 1178), Sec. Theft of Service. Again, these amounts are strictly rough guidelines. The Client will report hours of usage accurately and honestly at all times. As previously mentioned, the laws and procedural requirements for theft of services will depend on the state in which the crime is being tried. Acts 2013, 83rd Leg., R.S., Ch. Am I obligated to pay that ??? 30.238, 31.01(69), eff. Theft Offenses If you spot price gouging or experience unfair or unlawful business practices, please file a complaint online or call our Consumer Protection Hotline at 1-800-621-0508. Again, these figures are only suggestions. Prior to joining LegalMatch, Jaclyn was a paralegal and freelance writer. (b) In this section, "device," "encrypted, encoded, scrambled, or other nonstandard signal," and "multichannel video or information services provider" have the meanings assigned by Section 31.12. Can a contractor be held criminally liable for his failures? The general answer is no, unless you have a contract that provides for recovery of fees to theRead more, Forming an entity, such as a corporation, limited partnership or limited liability company, is an important and commonly used way for an individual to shield himself or herself from personal liability for acts taken onRead more, The mechanics and materialmans lien statute in the Texas Property Code (Chapter 53) serves the dual purpose of requiring a property owner to take reasonable steps to ensure that his contractors are paying their subcontractorsRead more, Since the signing of the Constitution, free speech and free press have been cornerstones of the freedoms provided to citizens in the United States. According to Texas Penal Code 31.04, a person commits theft of services if he or she: The court will presume that you intended to avoid payment for services if: The term service covers many different things, including: A common example of theft of services is dining and dashing, where you eat out at a restaurant and leave without paying. Sept. 1, 1979. Sept. 1, 2003. Added by Acts 1995, 74th Leg., ch. 1, eff. If you fail to make payment in full within 10 days after the date of receipt of this notice, the failure to pay creates a presumption for committing an offense, and this matter may be referred for criminal prosecution.". But if Andy pays $18,000 on time with interest without missing a payment, the rest of the debt is forgiven. If you have been arrested in Austin for theft of service or another theft related charge, contact Austin theft defense lawyer Kevin Bennett. 31.03. TAMPERING WITH IDENTIFICATION NUMBERS. If you or a loved one are facing theft of service charges, you should reach out to an experienced Frisco criminal defense attorney. Defective Products All rights reserved. 1, eff. If you are convicted of theft of services as a violation, your penalty may include up to 15 days in jail as well as a fine. Consumer Protection Division. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 843, Sec. Added by Acts 2019, 86th Leg., R.S., Ch. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. In general, theft refers to all types of unlawful thieving, including identity theft, theft of intellectual property, theft of services, and theft of personal goods. 2014, no pet.). Airport Gun Charges, Military Veteran Law Student (7) "Steal" means to acquire property or service by theft. 198, Sec. And, if the plaintiff voluntarily dismisses the TTLA claim before trial with prejudice, the defendant will still be deemed to be the prevailing party and will be entitled to recover his attorneys fees under the TTLA. A criminal conviction for theft of services can have far-reaching implications in addition to penalties and jail time. A commonly seen form of theft by a contractor is when a contractor uses the money that was designated to be used for "Project A" to fund other projects or debts. Law, Employment (B) tangible or intangible personal property including anything severed from land; or. (B) return the property to the owner within 10 days after receiving the demand for return of the property. Copyright 2023. Waco May 5, 2010, no pet.)(mem.op. Prac. In Texas can you file other the eviction for theft of service for not paying their rent . Once you present your claim and proof of the theft, the police force will help you press charges. Workplace Accidents, Criminal Defense If the market value of the stolen services is between $50 and $2,000, the charge will be a misdemeanor in the first, second, or third degree. 2, eff. News Wrongful Death 1999). You can learn more about Jaclyn here. THEFT. 399, Sec. Contracts / Agreements Lawyer in Dallas, TX. This was significant because it provided successful plaintiffs with both statutory penalties and attorneys fees, which were not recoverable under the common law. A value of $150,000 to $299,999 is a second-degree crime punishable by a prison term of two to twenty years and a fine of up to $10,000. I had an electrical contractor come to my house for an estimate on putting up an electrical fixture. APPELLANT v. THE STATE OF TEXAS. (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. In a breach, the homeowner has an option to acquire damages from the other party. September 1, 2009. (Tenn. Code 39-14-105, 40-35-111 (2021).) Tex. This is not the case, however, if the plaintiff dismisses his TTLA claim before trial without prejudice. 2. Save my name, email, and website in this browser for the next time I comment. (3) the actor was solicited to commit the offense by a peace officer, and the solicitation was of a type that would encourage a person predisposed to commit the offense to actually commit the offense, but would not encourage a person not predisposed to commit the offense to actually commit the offense. 318, Sec. (This may not be the same place you live). 393, Sec. (1) a Class C misdemeanor if the total value of the merchandise involved in the activity is less than $100; (2) a Class B misdemeanor if the total value of the merchandise involved in the activity is $100 or more but less than $750; (3) a Class A misdemeanor if the total value of the merchandise involved in the activity is $750 or more but less than $2,500; (4) a state jail felony if the total value of the merchandise involved in the activity is $2,500 or more but less than $30,000; (5) a felony of the third degree if the total value of the merchandise involved in the activity is $30,000 or more but less than $150,000; (6) a felony of the second degree if the total value of the merchandise involved in the activity is $150,000 or more but less than $300,000; or. 900, Sec. ACTOR'S INTEREST IN PROPERTY. (f) Notwithstanding any other provision of this code, any police or other report of stolen vehicles by a political subdivision of this state shall include on the report any rental vehicles whose renters have been shown to such reporting agency to be in violation of Subsection (b)(2) and shall indicate that the renting agency has complied with the notice requirements demanding return as provided in this section. 04-11-00184-CV, 2012 WL 566140, at *10 (Tex. When a person genuinely does not know that what they are doing is a form of theft. You'll need to present proof of the . Consent is not effective if: (B) given by a person the actor knows is not legally authorized to act for the owner; (C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable property dispositions; (D) given solely to detect the commission of an offense; or. Under section 31.03 of the Texas Penal Code, a person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (9) "Used or secondhand motor vehicle" means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code. A consumer may wish to enroll in the option in order to receive electronic receipts. Acts 2009, 81st Leg., R.S., Ch. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. Required fields are marked *. Today, most service providers offer the option of paperless billing. (1) a state jail felony if the total value of the cargo involved in the activity is $1,500 or more but less than $10,000; (2) a felony of the third degree if the total value of the cargo involved in the activity is $10,000 or more but less than $100,000; (3) a felony of the second degree if the total value of the cargo involved in the activity is $100,000 or more but less than $200,000; or. We are providing service hook-ups for your RV. 671), Sec. 455, Sec. Required fields are marked *. 31.12. 9, eff. 120 (S.B. Each state will have its own set of variables that will be used to describe the sort of crime. Chad Alan Cappiello of The Colony w (b) An offense under this section is a state jail felony. Once the individual has established whether the theft of service offense constitutes a felony or a misdemeanor crime, then they can proceed with the actual reporting process. In addition to receiving criminal penalties, a victim of the crime may also pursue monetary damages by suing the defendant in civil court. Truck Accidents A value less than $100 is a Class C misdemeanor, punishable by a fine of up to $500. Whats It Like Being a Defense Attorney in Frisco? 1, eff. Avvo Rating: 10. Sept. 1, 1999. Your email address will not be published. What are the Penalties for Theft of Services in Texas? (2) "State-limited-use pesticide" means a pesticide classified as a state-limited-use pesticide by the Department of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient listed in the rules adopted under that section (4 TAC Section 7.24) as that section existed on that date. (B) telecommunication, public utility, or transportation service; (C) lodging, restaurant service, and entertainment; and. Acts 1973, 63rd Leg., p. 883, ch. DEFINITIONS. your case, Retail Theft: Charges, Penalties and Defenses, Georgia Possession of Tools for the Commission of Crime Lawyers. Property Law, Personal Injury The following types of evidence may be required to successfully raise a theft of service defense: Any documents that lend credence to the defendants theory. (1) "Access device," "connection," and "device" mean an access device, connection, or device wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried by a multichannel video or information services provider. Law, Immigration For purposes of Subsections (b)(4)(A) and (B) and (b)(5), if written notice is given in accordance with Subsection (c), it is presumed that the notice was received not later than five days after the notice was sent. Project owner's name (or company name) and last known mailing address. App. (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. It has the potential to impact employment, education, and housing opportunities. Depending on the value of the services, the crime may be considered a felony or a misdemeanor. Again, the types of defenses that a defendant might be able to raise will be contingent on the laws of their jurisdiction. Law, Insurance 901, Sec. Sept. 1, 1994. The crime is a Class C misdemeanor if the value . Men Cerrar Home NEWS Texas Contractor Convicted for Theft: Upheld by High Court. Sept. 1, 1994; Acts 1997, 75th Leg., ch. In 2011, Texas enacted a wage theft law specifying that within the existing "theft of services" law, partial payment of wages is not sufficient to negate the intent to avoid payment by an actor (in this case, an employer). Theft by Contractor. 2, eff. If you have been charged for theft of services, then it may be in your best interest to hire a local criminal attorney as soon as possible. 497, Sec. (2) "Identifying information" has the meaning assigned by Section 32.51. 15, eff. h.). 349, Sec. 31.15. 4, eff. Call us today for a free consultation of your criminal matterat (817) 993-9249. THEFT OF SERVICE. Added by Acts 1995, 74th Leg., ch. If the lawsuit is successful, the individual may be reimbursed for any financial losses they suffered due to the theft of service action. Amended by Acts 1993, 73rd Leg., ch. Process, Amounts & All You Need, HOW TO FIND OUT WHERE SOMEONE WORKS the Right Way, HOW MUCH DOES DIVORCE COST IN TEXAS (Updated), By mistake, for example, if a person is in a public place and uses a WiFi connection that does not belong to the public; and/or. 05-15-00123-CV, 2016 WL 3660111, at *3 (Tex. 1024), Sec. the chapters associated with the services or goods included in the contractor's contracts; service authorizations; and. Community Events Coming to Frisco, TX in 2019, Call Philip D. Ray today to schedule a consultation at(469) 588-6770. (d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.