Securing Execution of Document by Deception

Chapter 32 of the Texas Penal Code defines offenses relating to fraud.

“Securing Execution of Document by Deception”, as per § 32.46 of the Texas Penal Code, occurs when a person, 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).

An offense under 1) is a:

• Class C misdemeanor if the value of the property, service, or pecuniary interest is less than $100;
• Class B misdemeanor if the value of the property, service, or pecuniary interest is $100 or more but less than $750;
• Class A misdemeanor if the value of the property, service, or pecuniary interest is $750 or more but less than $2,500;
• state jail felony if the value of the property, service, or pecuniary interest is $2,500 or more but less than $30,000;
• felony of the third degree if the value of the property, service, or pecuniary interest is $30,000 or more but less than $150,000;
• felony of the second degree if the value of the property, service, or pecuniary interest is $150,000 or more but less than $300,000; or
• felony of the first degree if the value of the property, service, or pecuniary interest is $300,000 or more.

An offense under 2) is a state jail felony.

An offense described for purposes of punishment 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 years
• 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