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Fraud, forgery and financial crimes
Summary of the topic
Chapter 32 of the Penal Code collects the dishonesty offenses that are not theft, and Chapter 35 adds insurance fraud. Four sections carry most of the topic, and the grade of each offense is tested more often than its definition.
Section 32.21 defines forgery in three limbs. The first is to alter, make, complete, execute or authenticate a writing so that it purports to be the act of another who did not authorize it. The second is to issue, transfer, pass or otherwise utter a forged writing, and the third is to possess a forged writing with intent to utter it. The offense is forging a writing with intent to defraud or harm another, and the default grade is a Class A misdemeanor. Where the actor was trying to obtain property or a service, the grade follows the value of that property or service on the seven-band ladder, from a Class C misdemeanor under $100 to a first degree felony at $300,000 or more. Where that ladder does not apply, the kind of writing sets the grade: a will, deed, check, contract or similar commercial instrument is a state jail felony, and money, securities or a government record listed in the statute is a third degree felony. The grade rises by one category where the offense is committed against an elderly individual.
Section 32.31 lists eleven ways to commit credit card or debit card abuse, such as using a card the actor knows was not issued to the actor, using a fictitious card, or stealing a card. It is a state jail felony whatever the value, and a third degree felony when committed against an elderly individual. Section 32.315 separately grades counterfeit cards and card information by the number of items, from a state jail felony for fewer than five to a first degree felony for 50 or more.
Section 32.41 is committed by issuing or passing a check knowing the issuer does not have sufficient funds with the bank. Knowledge is presumed where the issuer had no account, or where payment was refused and the issuer failed to pay the holder in full within 10 days after receiving notice. The offense is a Class C misdemeanor, or Class B where the check was for a child support payment.
Section 35.02 covers insurance fraud. A person who, with intent to defraud or deceive an insurer and in support of a claim, presents a statement containing false or misleading material information is graded on the value of the claim, on the same ladder as forgery. The same false statement in an application for a policy is a state jail felony, and the court must order restitution to the insurer.
Provisions this topic covers
- Tex. Penal Code ch. 32
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