In trials involving an allegation of a continuing scheme of fraud or theft alleged to have been committed against a large class of victims in an aggregate amount or value, it need not be proved by direct evidence that each alleged victim did not consent or did not effectively consent to the transaction in question. It shall be sufficient if the lack of consent or effective consent to a particular transaction or transactions is proven by either direct or circumstantial evidence.
Tex. Code Crim. Proc. art. 38.39
EVIDENCE IN AN AGGREGATION PROSECUTION WITH NUMEROUS VICTIMS
Applied in 1 court decision — leading case Ex Parte Napper (2010)
Most recently applied in Ex Parte Napper (September 2010)
Added by Acts 2001, 77th Leg., ch. 1411, Sec. 2, eff
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.