Simulating Legal Process

From the Law Office of Alison Grinter in Dallas, Texas

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

Degree

Intentionally or knowingly soliciting, accepting, or agreeing to accept any benefit from another to influence the conduct of a person enrolling at college and participating in intercollegiate athletics 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.

Statute(s)

§ 32.48. SIMULATING LEGAL PROCESS.

(a) A person commits an offense if the person recklessly causes to be delivered to another any document that simulates a summons, complaint, judgment, or other court process with the intent to:
   (1) induce payment of a claim from another person; or
   (2) cause another to:
      (A) submit to the putative authority of the document; or
      (B) take any action or refrain from taking any action in response to the document, in compliance with the document, or on the basis of the document.
(b) Proof that the document was mailed to any person with the intent that it be forwarded to the intended recipient is a sufficient showing that the document was delivered.
(c) It is not a defense to prosecution under this section that the simulating document:
   (1) states that it is not legal process; or
   (2) purports to have been issued or authorized by a person or entity who did not have lawful authority to issue or authorize the document.
(d) If it is shown on the trial of an offense under this section that the simulating document was filed with, presented to, or delivered to a clerk of a court or an employee of a clerk of a
court created or established under the constitution or laws of this state, there is a rebuttable presumption that the document was delivered with the intent described by Subsection (a).
(e) Except as provided by Subsection (f), an offense under this section is a Class A misdemeanor.
(f) If it is shown on the trial of an offense under this section that the defendant has previously been convicted of a violation of this section, the offense is a state jail felony.

Added by Acts 1997, 75th Leg., ch. 189, § 3, eff. May 21, 1997.