Felony Offenses in the Texas Penal Code

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Texas Penal Code, Section 32.21 - Forgery

CHAPTER 32. FRAUD

§ 32.21.  FORGERY.
        (a)  For purposes of this section:
                (1)  "Forge" means:
                        (A)  to alter, make, complete, execute, or authenticate any writing so that it purports:
                                (i)  to be the act of another who did not authorize that act;
                                (ii)  to have been executed at a time or place or in a numbered sequence other than was in fact the case;  or
                                (iii)  to be a copy of an original when no such original existed;
                        (B)  to issue, transfer, register the transfer of, pass, publish, or otherwise utter a writing that is forged within the meaning of Paragraph (A);  or
                        (C)  to possess a writing that is forged within the meaning of Paragraph (A) with intent to utter it in a manner specified in Paragraph (B).
                (2)  "Writing" includes:
                        (A)  printing or any other method of recording information;
                        (B)  money, coins, tokens, stamps, seals, credit cards, badges, and trademarks;  and
                        (C)  symbols of value, right, privilege, or identification.
        (b)  A person commits an offense if he forges a writing with intent to defraud or harm another.
        (c)  Except as provided in Subsections (d) and (e) an offense under this section is a Class A misdemeanor.
        (d)  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.
        (e)  An offense under this section is a felony of the third degree if the writing is or purports to be:
                (1)  part of an issue of money, securities, postage or revenue stamps;
                (2)  a government record listed in Section 37.01(2)(C); or
                (3)  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.
        (f)  A person is presumed to intend to defraud or harm another if the person acts with respect to two or more writings of the same type and if each writing is a government record listed in Section 37.01(2)(C).

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