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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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