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CHAPTER 32. FRAUD
§ 32.46. SECURING EXECUTION OF DOCUMENT BY DECEPTION.
(a) A person commits an offense if, 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).
(b) An offense under Subsection (a)(1) is a:
(1) Class C misdemeanor if the value of the property,
service, or pecuniary interest is less than $20;
(2) Class B misdemeanor if the value of the property,
service, or pecuniary interest is $20 or more but less than $500;
(3) Class A misdemeanor if the value of the property,
service, or pecuniary interest is $500 or more but less than $1,500;
(4) state jail felony if the value of the property,
service, or pecuniary interest is $1,500 or more but less than
$20,000;
(5) felony of the third degree if the value of the
property, service, or pecuniary interest is $20,000 or more but
less than $100,000;
(6) felony of the second degree if the value of the
property, service, or pecuniary interest is $100,000 or more but
less than $200,000; or
(7) felony of the first degree if the value of the
property, service, or pecuniary interest is $200,000 or more.
(c) An offense under Subsection (a)(2) is a state jail
felony.
(c-1) An offense described for purposes of punishment by
Subsections (b)(1)-(6) and (c) 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 as defined
by Section 22.04.
(d) In this section, "deception" has the meaning assigned by
Section 31.01.
(e) With the consent of the appropriate local county or
district attorney, the attorney general has concurrent
jurisdiction with that consenting local prosecutor to prosecute an
offense under this section that involves the state Medicaid
program. |
