A few years into my practice, I got a call from a client who was pretty shaken up. He had no criminal record, had never been in any trouble, and had just been arrested at a grocery store. What had happened was simple: he’d switched the price tag on a $60 item with the tag from a $30 item and tried to check out at the self-checkout lane. The store’s loss prevention officer spotted it, called the police, and my client was arrested for theft. The DA filed it as a Class B Misdemeanor, based on the full $60 value of the item.
My first instinct was straightforward. He’d actually paid $30 — so the real unaccounted-for value was only $30. Under $50 is a Class C Misdemeanor, not a Class B. Simple argument, right?
The DA’s response surprised me. Instead of agreeing to reduce the charge, they told me they had made an error in the original filing — and that rather than lowering it to a Class C, they were going to refile the charge as fraudulent destruction, removal, or concealment of a writing. A Class A Misdemeanor. One level up from where we started.
That’s when I learned two things that I’ve never forgotten: first, that switching a price tag isn’t just shoplifting under Texas law. And second, that the DA’s office can get very creative with how they charge a case when you push back.
I’ll explain what happened — and what the law actually says.
What Is Fraudulent Destruction, Removal, or Concealment of Writing?
Under Section 32.47 of the Texas Penal Code, a person commits this offense if — with intent to defraud or harm another — they destroy, remove, conceal, alter, substitute, or otherwise impair the “verity, legibility, or availability” of a writing.
The word “writing” is the key. Most people hear that and think of documents. But under the statute, a “writing” includes:
- Money, coins, tokens, stamps, and credit cards
- Badges, trademarks, and symbols of value, right, privilege, or identification
- Universal product codes, labels, price tags, and other markings on goods
- Any printed material or other method of recording information
That’s why switching a price tag isn’t just theft. The price tag itself is a “writing” under Texas law — and altering it with intent to pay less is exactly what this statute was designed to cover.
The Punishment Range — It Depends on the Price Difference
For price tag switching specifically, the Texas Legislature amended the statute in 2019 to grade the offense based on the dollar difference between the real price and the switched price — not the full value of the item. Here’s how it breaks down:
Class C Misdemeanor — fine up to $500, no jail time
Class B Misdemeanor — up to 180 days in jail, fine up to $2,000
Class A Misdemeanor — up to 1 year in jail, fine up to $4,000
State Jail Felony — 180 days to 2 years, fine up to $10,000
Third Degree Felony — 2 to 10 years, fine up to $10,000
Second Degree Felony — 2 to 20 years, fine up to $10,000
First Degree Felony — 5 to 99 years or life, fine up to $10,000
Under today’s law, the $30 price difference in my client’s case would be a Class C Misdemeanor — a fine-only offense. But his case happened before the 2019 amendment, when the statute didn’t have this grading scale. And that’s what opened the door for the DA’s creative charging theory.
When It’s Not a Price Tag — The Class A Default
Here’s the part that catches people off guard. The price-tag-specific grading scale only applies when the writing involved is literally a price tag being switched to get a lower price. For everything else covered by §32.47 — other types of writings altered with fraudulent intent — the default charge is a Class A Misdemeanor.
That’s what the DA threatened in my client’s case. Rather than treating the conduct as price tag switching (which would have been graded by the price difference), they argued it could be charged under the broader fraudulent destruction theory — which carries a Class A by default.
And there’s a more serious version: if the writing involved is a will, deed, mortgage, deed of trust, or any other document eligible for public recording, the offense becomes a state jail felony. We’re no longer talking about a grocery store. We’re talking about forged deeds, altered wills, tampered loan documents. The statute covers all of it.
Why This Charge Is More Serious Than It Looks
Even at the Class A Misdemeanor level, a conviction for fraudulent destruction or concealment of writing is a crime of moral turpitude. That distinction matters — a lot.
Crimes of moral turpitude carry consequences beyond the courtroom:
- Employment — Many employers conduct background checks that specifically flag moral turpitude convictions. A fraud-related charge looks very different to a hiring manager than a minor theft charge.
- Professional licensing — Licensing boards for nurses, teachers, real estate agents, and many other professions treat moral turpitude convictions as grounds for denial or revocation.
- Housing and credit — Landlords and lenders review criminal history, and fraud-related convictions raise red flags that a Class C theft wouldn’t.
- Immigration — For non-citizens, a crime of moral turpitude conviction can have serious immigration consequences, including deportation and bars to reentry.
A $30 price tag switch sounds minor. A fraud conviction on your record is not.
How I Help With These Cases
In my client’s case, I pushed back hard. I convinced the DA not to refile as the Class A fraud charge — and then I kept pushing until they agreed to dismiss the case entirely. No conviction. No permanent record. He walked away clean.
That outcome wasn’t guaranteed. It required understanding how the charge was framed, what the DA’s actual leverage was, and where the weaknesses in their theory were. Here’s what I look at in these cases:
- How the charge is framed — Is it charged under the price tag switching theory or the general fraudulent destruction theory? That distinction determines the punishment range and the legal arguments available.
- Intent — The statute requires intent to defraud or harm. That element has to be proven. Depending on the facts, it can be challenged.
- Diversion and dismissal options — For clients with no prior record, there may be PTD eligibility or other paths to a dismissal that keep a conviction off the record entirely.
- Negotiating the charge level — Even when some culpability exists, the difference between how this charge is filed can mean the difference between a fine-only offense and a misdemeanor conviction that follows you for years.
What is fraudulent destruction, removal, or concealment of writing in Texas?
It’s a Texas Penal Code §32.47 offense that covers intentionally destroying, altering, concealing, or substituting a “writing” — which includes not just documents but also price tags, UPCs, labels, credit cards, and other symbols of value — with intent to defraud or harm someone. Price tag switching is the most common example, but the statute is broader than most people realize.
Is switching a price tag a crime in Texas?
Yes. Under §32.47, price tags are “writings” under the law. Switching one with intent to pay less is fraudulent destruction or substitution of a writing — not just theft. It can be charged as a separate offense, and in some cases a more serious one.
How is price tag switching charged in Texas?
Under the 2019 amendment to §32.47, price tag switching is graded by the dollar difference between the real price and the switched price. A difference under $100 is a Class C Misdemeanor (fine only). From there it scales up through Class B, Class A, and multiple felony levels based on the size of the gap. A $30 difference is a Class C. A $1,000 difference is a Class A.
Can I go to jail for switching a price tag?
Potentially, yes — depending on the price difference. A Class C is a fine only, no jail. Class B carries up to 180 days. Class A carries up to a year. And if the price difference is large enough, it becomes a felony with state prison time. For most routine price tag switching cases involving small differences, jail time is unlikely — but a conviction still goes on your record.
What’s the difference between this charge and theft?
Theft is based on the value of what was taken. Fraudulent destruction of a writing is based on the act of altering the writing itself — and can be charged separately from, or instead of, theft. In some situations, the fraud charge actually carries a higher punishment range than theft would. The DA has discretion in how they frame it, and they don’t always choose the most lenient option.
Can this offense be a felony?
Yes — in two ways. If the price difference in a price tag switching case is $2,500 or more, it becomes a state jail felony and scales up from there. And separately, if the writing involved is a will, deed, mortgage, or other document eligible for public recording — regardless of dollar value — it’s automatically a state jail felony.
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