Section 32.24 is a trap for the unwary: it makes the theft of a blank, unsigned check a state jail felony, even though the paper itself is worth nothing and even if it was never filled out or cashed.
What the Statute Says
(a) A person commits an offense if the person steals an unsigned check or similar sight order or, with knowledge that an unsigned check or similar sight order has been stolen, receives the check or sight order with intent to use it, to sell it, or to transfer it to a person other than the person from whom the check or sight order was stolen.
(b) An offense under this section is a state jail felony.
Why the Grading Matters
Ordinary theft is graded by the value of what was taken — a blank check would be a Class C misdemeanor on value alone. Section 32.24 removes value from the equation. The result:
| Conduct | Offense level |
|---|---|
| Theft of a blank check under Section 31.03 (by value) | Class C Misdemeanor |
| Same conduct charged under Section 32.24 | State Jail Felony (180 days – 2 years) |
Because it is a state jail felony, Section 12.44 is available and is frequently the objective in these cases.
The Two Theories
Stealing. The State must prove the check was taken without the owner's effective consent and that it was an unsigned check or similar sight order.
Receiving. A more demanding theory requiring: (1) knowledge the check was stolen, and (2) intent to use it, sell it, or transfer it to someone other than the victim. Mere possession, without proof of that knowledge and intent, is not enough.
How These Cases Arise
Most commonly from mail theft — checks taken from residential or business mailboxes — and from checkbooks taken during vehicle burglaries. Charges under this section therefore travel with mail theft under Section 31.20, forgery under Section 32.21, and burglary of a motor vehicle.
Defenses
Knowledge. For the receiving theory, knowledge that the instrument was stolen is the central battleground. People acquire checks from roommates, partners, employers, and acquaintances without knowing their origin.
Intent. Even with knowledge, the State must prove intent to use, sell, or transfer. Possession without any attempt at negotiation undercuts that.
Possession and linkage. In vehicle cases with multiple occupants, or where documents were found in a shared residence, affirmative links to the accused are frequently absent.
The search. These charges usually follow a traffic stop or a probation search. An unlawful stop or search suppresses everything.
Was it unsigned? The statute applies to unsigned checks. A completed, signed check taken from the payee may be charged differently, with different grading.
Related
- Mail theft · Houston theft attorney · Burglary of a motor vehicle
- Section 12.44 — reduction to misdemeanor punishment
Charged in Harris County?
Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Harris County Felony Chief Prosecutor; Luis Baez is a former Trial Bureau Chief. Call or text (713) 703-1718 for a free, confidential consultation.