Fraudulent Destruction, Removal, or Concealment of Writing

From the Law Office of Alison Grinter in Dallas, Texas

1 Degree
2 Statute(s)
3 Caselaw
4 Collateral Consequences
5 Notes

Degree

It is a Class A misdemeanor to destroy, remove, concel, alter, substitute, or otherwise impair the verity, legibility, or availability of a writing, with the intent to defraud or harm another. It is a state jail felony if the writing is a will or codicil, deed, mortgage, deed of trust, security agreeemnt, or other public recording or filing.

Statute(s)

§ 32.47. FRAUDULENT DESTRUCTION, REMOVAL, OR CONCEALMENT OF WRITING.

(a) A person commits an offense if, with intent to defraud or harm another, he destroys, removes, conceals, alters, substitutes, or otherwise impairs the verity, legibility, or availability of a writing, other than a governmental record.
(b) For purposes of this section, "writing" includes:

   (1) printing or any other method of recording information;
   (2) money, coins, tokens, stamps, seals, credit cards, badges, trademarks;
   (3) symbols of value, right, privilege, or identification; and
   (4) universal product codes, labels, price tags, or markings on goods.
(c) Except as provided in Subsection (d), an offense under this section is a Class A misdemeanor.
(d) An offense under this section is a state jail felony if the writing:
   (1) is a will or codicil of another, whether or not the maker is alive or dead and whether or not it has been admitted to probate; or
   (2) is a deed, mortgage, deed of trust, security instrument, security agreement, or other writing for which the law provides public recording or filing, whether or not the writing has
been acknowledged.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 21, § 1, eff. Sept. 1, 2001.