Penal Code · §37.10

Tampering with Governmental Record

Elements

  • A person
  • Knowingly makes a false entry in, or false alteration of, a governmental record; OR makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent that it be taken as a genuine governmental record; OR intentionally destroys, conceals, removes, or otherwise impairs the verity, legibility, or availability of a governmental record; OR possesses, sells, or offers to sell a governmental record or a blank governmental record form with intent that it be used unlawfully; OR makes, presents, or uses a governmental record with knowledge of its falsity

Penalty

Class A misdemeanor base — up to 1 year county jail + up to $4,000 fine (§12.21). State jail felony if intent was to defraud or harm another — 180 days to 2 years + up to $10,000 fine (§12.35). Third-degree felony if government record is one of certain enumerated types (e.g., license, certificate, permit, seal, title, identification card, search warrant, or similar) — 2 to 10 years + up to $10,000 fine (§12.34). Second-degree felony in certain election or public-servant contexts — 2 to 20 years + up to $10,000 fine (§12.33).

Enhancements

Bumped one category if committed by a public servant in the course of duty. Multiple counts may be aggregated. See §37.10(c–i) for full schedule by record type.

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