Securing Execution of Document by Deception

From the Law Office of Alison Grinter in Dallas, Texas

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

Degree

Causing another to sign or execute any document affecting property or service or the pecuniary interest of a person is a Class C misdemeanor if the value of the benefit is less than $50; a Class B misdemeanor if the value of the benefit is $50 or more but less than $500; a Class A misdemeanor if the value of the benefit is $500 or more but less than $1,500; a state jail felony if the value of the benefit is $1,500 or more but less than $20,000; a third degree felony if the value of the benefit is $20,000 or more but less than $100,000; a second degree felony if the value of the benefit is $100,000 or more but less than $200,000; or a first degree felony if the value of the benefit is $200,000 or more.

Causing a public servant to file or record a purported judgment from a false court, judicial entity, or judicial officer is a state jail felony. Offenses against elderly people are increased one degree.

Statute(s)

§ 32.46. SECURING EXECUTION OF DOCUMENT BY DECEPTION.
(a) A person commits an offense if, with intent to defraud or harm any person, he, by deception:
   (1) causes another to sign or execute any document affecting property or service or the pecuniary interest of any person; or
   (2) causes or induces a public servant to file or record any purported judgment or other document purporting to memorialize or evidence an act, an order, a directive, or process of:
      (A) a purported court that is not expressly created or established under the constitution or the laws of this state or of the United States;
      (B) a purported judicial entity that is not expressly created or established under the constitution or laws of this state or of the United States; or
      (C) a purported judicial officer of a purported court or purported judicial entity described by Paragraph (A) or (B).
(b) An offense under Subsection (a)(1) is a:
   (1) Class C misdemeanor if the value of the property, service, or pecuniary interest is less than $20;
   (2) Class B misdemeanor if the value of the property, service, or pecuniary interest is $20 or more but less than $500;
   (3) Class A misdemeanor if the value of the property, service, or pecuniary interest is $500 or more but less than $1,500;
   (4) state jail felony if the value of the property, service, or pecuniary interest is $1,500 or more but less than $20,000;
   (5) felony of the third degree if the value of the property, service, or pecuniary interest is $20,000 or more but less than $100,000;
   (6) felony of the second degree if the value of the property, service, or pecuniary interest is $100,000 or more but less than $200,000; or
   (7) felony of the first degree if the value of the property, service, or pecuniary interest is $200,000 or more.
(c) An offense under Subsection (a)(2) is a state jail felony.
(c-1) An offense described for purposes of punishment by Subsections (b)(1)-(6) and (c) is increased to the next higher category of offense if it is shown on the trial of the offense that
the offense was committed against an elderly individual as defined by Section 22.04 or involves the state Medicaid program.
(d) In this section, "deception" has the meaning assigned by Section 31.01.
(e) 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.

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 1997, 75th Leg., ch. 189, § 2, eff. May 21, 1997; Acts 2003, 78th Leg., ch. 198, § 2.138, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 257, § 15, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 432, § 4, eff. Sept. 1, 2003.

Amended by: Acts 2007, 80th Leg., R.S., Ch. 127, § 4, eff. September 1, 2007.