Penal Code · §32.21
Forgery
Elements
- A person
- Forges (alters, makes, completes, executes, authenticates, issues, transfers, registers, or possesses with intent to use) a writing
- So that it purports to be the act of another who did not authorize the act, or to have been executed at a time/place/numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed
- With intent to defraud or harm another
Penalty
Class A misdemeanor base — up to 1 year county jail + up to $4,000 fine (§12.21). State jail felony if writing is or purports to be a will, codicil, deed, deed of trust, mortgage, security instrument, security agreement, credit card, check, etc. — 180 days to 2 years + up to $10,000 fine (§12.35). Third-degree felony if writing is a money/security/postage stamp/government record/check from a government entity — 2 to 10 years TDCJ + up to $10,000 fine (§12.34).
Enhancements
Bumped to next higher category if the offense is committed against an elderly individual (65+). Fraudulent destruction or removal of writing carries similar punishments. See §32.21(d–e) for full schedule.