Forgery
Chapter 32 of the Texas Penal Code defines offenses relating to fraud.
“Forgery”, as per § 32.21 of the Texas Penal Code, occurs when a person forges a writing with intent to defraud or harm another.
To “forge” under this section means to alter, make, complete, execute, or authenticate any writing so that it purports:
- to be the act of another who did not authorize that act
- to have been executed at a time or place or in a numbered sequence other than was in fact the case; or
- to be a copy of an original when no such original existed;
An offense under this section is a Class A misdemeanor.
An offense under this section is a state jail felony if the writing is or purports to be a will, codicil, deed, deed of trust, mortgage, security instrument, security agreement, credit card, check, authorization to debit an account at a financial institution, or similar sight order for payment of money, contract, release, or other commercial instrument.
An offense under this section is a felony of the third degree if the writing is or purports to be:
- part of an issue of money, securities, postage or revenue stamps;
- a government record listed in Section 37.01(2)(C); or
- other instruments issued by a state or national government or by a subdivision of either, or part of an issue of stock, bonds, or other instruments representing interests in or claims against another person.
If it is shown on the trial of an offense under this section that the actor engaged in the conduct to obtain or attempt to obtain a property or service, an offense under this section is:
- a Class C misdemeanor if the value of the property or service is less than $100;
- a Class B misdemeanor if the value of the property or service is $100 or more but less than $750;
- a Class A misdemeanor if the value of the property or service is $750 or more but less than $2,500;
- a state jail felony if the value of the property or service is $2,500 or more but less than $30,000;
- a felony of the third degree if the value of the property or service is $30,000 or more but less than $150,000;
- a felony of the second degree if the value of the property or service is $150,000 or more but less than $300,000; and
- a felony of the first degree if the value of the property or service is $300,000 or more.
An offense under this section 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.
Punishment Range
Misdemeanor C
- Fine not to exceed $500
Misdemeanor B
- Confinement in jail for a term not to exceed 180 days
- Fine not to exceed $2,000
- Both such fine and confinement
Misdemeanor A
- Confinement in jail for a term not to exceed one year
- Fine not to exceed $4,000
- Both such fine and confinement
State Jail Felony
- Confinement in a state jail for not more than two years and not less than 180 days
- In addition to confinement, may receive a fine not to exceed $10,000
Third Degree Felony
- Imprisonment in the institutional division for not more than 10 years or less than two years
- In addition to imprisonment, may receive a fine not to exceed $10,000
Second Degree Felony
- Imprisonment in the institutional division for not more than 20 years or less than two year
- In addition to imprisonment, may receive a fine not to exceed $10,000
First Degree Felony
- Imprisonment in the institutional division for life, or
- Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon
- In addition to imprisonment, may receive a fine not to exceed $10,000