CHAPTER 37. PERJURY AND OTHER FALSIFICATION
PENAL CODE
TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION
CHAPTER 37. PERJURY AND OTHER FALSIFICATION
Sec. 37.01. DEFINITIONS. In this chapter:
(1) "Court record" means a decree, judgment, order, subpoena,
warrant, minutes, or other document issued by a court of:
(A) this state;
(B) another state;
(C) the United States;
(D) a foreign country recognized by an act of congress or a
treaty or other international convention to which the United
States is a party;
(E) an Indian tribe recognized by the United States; or
(F) any other jurisdiction, territory, or protectorate entitled
to full faith and credit in this state under the United States
Constitution.
(2) "Governmental record" means:
(A) anything belonging to, received by, or kept by government
for information, including a court record;
(B) anything required by law to be kept by others for
information of government;
(C) a license, certificate, permit, seal, title, letter of
patent, or similar document issued by government, by another
state, or by the United States;
(D) a standard proof of motor vehicle liability insurance form
described by Section 601.081, Transportation Code, a certificate
of an insurance company described by Section 601.083 of that
code, a document purporting to be such a form or certificate that
is not issued by an insurer authorized to write motor vehicle
liability insurance in this state, an electronic submission in a
form described by Section 502.153(i), Transportation Code, or an
evidence of financial responsibility described by Section 601.053
of that code;
(E) an official ballot or other election record; or
(F) the written documentation a mobile food unit is required to
obtain under Section 437.0074, Health and Safety Code.
(3) "Statement" means any representation of fact.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1991, 72nd Leg., ch. 113, Sec. 3, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,
1994; Acts 1997, 75th Leg., ch. 189, Sec. 5, eff. May 21, 1997;
Acts 1997, 75th Leg., ch. 823, Sec. 3, eff. Sept. 1, 1997; Acts
1999, 76th Leg., ch. 659, Sec. 1, eff. Sept. 1, 1999; Acts 2003,
78th Leg., ch. 393, Sec. 21, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1276, Sec. 2, eff. September 1, 2007.
Sec. 37.02. PERJURY. (a) A person commits an offense if, with
intent to deceive and with knowledge of the statement's meaning:
(1) he makes a false statement under oath or swears to the truth
of a false statement previously made and the statement is
required or authorized by law to be made under oath; or
(2) he makes a false unsworn declaration under Chapter 132,
Civil Practice and Remedies Code.
(b) An offense under this section is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994.
Sec. 37.03. AGGRAVATED PERJURY. (a) A person commits an
offense if he commits perjury as defined in Section 37.02, and
the false statement:
(1) is made during or in connection with an official proceeding;
and
(2) is material.
(b) An offense under this section is a felony of the third
degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994.
Sec. 37.04. MATERIALITY. (a) A statement is material,
regardless of the admissibility of the statement under the rules
of evidence, if it could have affected the course or outcome of
the official proceeding.
(b) It is no defense to prosecution under Section 37.03
(Aggravated Perjury) that the declarant mistakenly believed the
statement to be immaterial.
(c) Whether a statement is material in a given factual situation
is a question of law.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994.
Sec. 37.05. RETRACTION. It is a defense to prosecution under
Section 37.03 (Aggravated Perjury) that the actor retracted his
false statement:
(1) before completion of the testimony at the official
proceeding; and
(2) before it became manifest that the falsity of the statement
would be exposed.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994.
Sec. 37.06. INCONSISTENT STATEMENTS. An information or
indictment for perjury under Section 37.02 or aggravated perjury
under Section 37.03 that alleges that the declarant has made
statements under oath, both of which cannot be true, need not
allege which statement is false. At the trial the prosecution
need not prove which statement is false.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994.
Sec. 37.07. IRREGULARITIES NO DEFENSE. (a) It is no defense to
prosecution under Section 37.02 (Perjury) or 37.03 (Aggravated
Perjury) that the oath was administered or taken in an irregular
manner, or that there was some irregularity in the appointment or
qualification of the person who administered the oath.
(b) It is no defense to prosecution under Section 37.02
(Perjury) or 37.03 (Aggravated Perjury) that a document was not
sworn to if the document contains a recital that it was made
under oath, the declarant was aware of the recital when he signed
the document, and the document contains the signed jurat of a
public servant authorized to administer oaths.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994.
Sec. 37.08. FALSE REPORT TO PEACE OFFICER OR LAW ENFORCEMENT
EMPLOYEE. (a) A person commits an offense if, with intent to
deceive, he knowingly makes a false statement that is material to
a criminal investigation and makes the statement to:
(1) a peace officer conducting the investigation; or
(2) any employee of a law enforcement agency that is authorized
by the agency to conduct the investigation and that the actor
knows is conducting the investigation.
(b) In this section, "law enforcement agency" has the meaning
assigned by Article 59.01, Code of Criminal Procedure.
(c) An offense under this section is a Class B misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994; Acts 1997, 75th Leg., ch. 925, Sec. 1, eff. Sept. 1,
1997.
Sec. 37.081. FALSE REPORT REGARDING MISSING CHILD OR MISSING
PERSON. (a) A person commits an offense if, with intent to
deceive, the person knowingly:
(1) files a false report of a missing child or missing person
with a law enforcement officer or agency; or
(2) makes a false statement to a law enforcement officer or
other employee of a law enforcement agency relating to a missing
child or missing person.
(b) An offense under this section is a Class C misdemeanor.
Added by Acts 1999, 76th Leg., ch. 200, Sec. 3, eff. Sept. 1,
1999.
Sec. 37.09. TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE.
(a) A person commits an offense if, knowing that an
investigation or official proceeding is pending or in progress,
he:
(1) alters, destroys, or conceals any record, document, or thing
with intent to impair its verity, legibility, or availability as
evidence in the investigation or official proceeding; or
(2) makes, presents, or uses any record, document, or thing with
knowledge of its falsity and with intent to affect the course or
outcome of the investigation or official proceeding.
(b) This section shall not apply if the record, document, or
thing concealed is privileged or is the work product of the
parties to the investigation or official proceeding.
(c) An offense under Subsection (a) or Subsection (d)(1) is a
felony of the third degree, unless the thing altered, destroyed,
or concealed is a human corpse, in which case the offense is a
felony of the second degree. An offense under Subsection (d)(2)
is a Class A misdemeanor.
(d) A person commits an offense if the person:
(1) knowing that an offense has been committed, alters,
destroys, or conceals any record, document, or thing with intent
to impair its verity, legibility, or availability as evidence in
any subsequent investigation of or official proceeding related to
the offense; or
(2) observes a human corpse under circumstances in which a
reasonable person would believe that an offense had been
committed, knows or reasonably should know that a law enforcement
agency is not aware of the existence of or location of the
corpse, and fails to report the existence of and location of the
corpse to a law enforcement agency.
(e) In this section, "human corpse" has the meaning assigned by
Section 42.08.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1991, 72nd Leg., ch. 565, Sec. 4, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,
1994; Acts 1997, 75th Leg., ch. 1284, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
287, Sec. 1, eff. September 1, 2007.
Sec. 37.10. TAMPERING WITH GOVERNMENTAL RECORD. (a) A person
commits an offense if he:
(1) knowingly makes a false entry in, or false alteration of, a
governmental record;
(2) 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;
(3) intentionally destroys, conceals, removes, or otherwise
impairs the verity, legibility, or availability of a governmental
record;
(4) possesses, sells, or offers to sell a governmental record or
a blank governmental record form with intent that it be used
unlawfully;
(5) makes, presents, or uses a governmental record with
knowledge of its falsity; or
(6) possesses, sells, or offers to sell a governmental record or
a blank governmental record form with knowledge that it was
obtained unlawfully.
(b) It is an exception to the application of Subsection (a)(3)
that the governmental record is destroyed pursuant to legal
authorization or transferred under Section 441.204, Government
Code. With regard to the destruction of a local government
record, legal authorization includes compliance with the
provisions of Subtitle C, Title 6, Local Government Code.
(c)(1) Except as provided by Subdivisions (2), (3), and (4) and
by Subsection (d), an offense under this section is a Class A
misdemeanor unless the actor's intent is to defraud or harm
another, in which event the offense is a state jail felony.
(2) An offense under this section is a felony of the third
degree if it is shown on the trial of the offense that the
governmental record was:
(A) a public school record, report, or assessment instrument
required under Chapter 39, Education Code, or was a license,
certificate, permit, seal, title, letter of patent, or similar
document issued by government, by another state, or by the United
States, unless the actor's intent is to defraud or harm another,
in which event the offense is a felony of the second degree;
(B) a written report of a medical, chemical, toxicological,
ballistic, or other expert examination or test performed on
physical evidence for the purpose of determining the connection
or relevance of the evidence to a criminal action; or
(C) a written report of the certification, inspection, or
maintenance record of an instrument, apparatus, implement,
machine, or other similar device used in the course of an
examination or test performed on physical evidence for the
purpose of determining the connection or relevance of the
evidence to a criminal action.
(3) An offense under this section is a Class C misdemeanor if it
is shown on the trial of the offense that the governmental record
is a governmental record that is required for enrollment of a
student in a school district and was used by the actor to
establish the residency of the student.
(4) An offense under this section is a Class B misdemeanor if it
is shown on the trial of the offense that the governmental record
is a written appraisal filed with an appraisal review board under
Section 41.43(a-1), Tax Code, that was performed by a person who
had a contingency interest in the outcome of the appraisal review
board hearing.
(d) An offense under this section, if it is shown on the trial
of the offense that the governmental record is described by
Section 37.01(2)(D), is:
(1) a Class B misdemeanor if the offense is committed under
Subsection (a)(2) or Subsection (a)(5) and the defendant is
convicted of presenting or using the record;
(2) a felony of the third degree if the offense is committed
under:
(A) Subsection (a)(1), (3), (4), or (6); or
(B) Subsection (a)(2) or (5) and the defendant is convicted of
making the record; and
(3) a felony of the second degree, notwithstanding Subdivisions
(1) and (2), if the actor's intent in committing the offense was
to defraud or harm another.
(e) It is an affirmative defense to prosecution for possession
under Subsection (a)(6) that the possession occurred in the
actual discharge of official duties as a public servant.
(f) It is a defense to prosecution under Subsection (a)(1),
(a)(2), or (a)(5) that the false entry or false information could
have no effect on the government's purpose for requiring the
governmental record.
(g) A person is presumed to intend to defraud or harm another if
the person acts with respect to two or more of the same type of
governmental records or blank governmental record forms and if
each governmental record or blank governmental record form is a
license, certificate, permit, seal, title, or similar document
issued by government.
(h) If conduct that constitutes an offense under this section
also constitutes an offense under Section 32.48 or 37.13, the
actor may be prosecuted under any of those sections.
(i) 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.
(j) It is not a defense to prosecution under Subsection (a)(2)
that the record, document, or thing made, presented, or used
displays or contains the statement "NOT A GOVERNMENT DOCUMENT" or
another substantially similar statement intended to alert a
person to the falsity of the record, document, or thing, unless
the record, document, or thing displays the statement diagonally
printed clearly and indelibly on both the front and back of the
record, document, or thing in solid red capital letters at least
one-fourth inch in height.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 66, eff. Sept. 1,
1989; Acts 1991, 72nd Leg., ch. 113, Sec. 4, eff. Sept. 1, 1991;
Acts 1991, 72nd Leg., ch. 565, Sec. 5, eff. Sept. 1, 1991; Acts
1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts
1997, 75th Leg., ch. 189, Sec. 6, eff. May 21, 1997; Acts 1997,
75th Leg., ch. 823, Sec. 4, eff. Sept. 1, 1997; Acts 1999, 76th
Leg., ch. 659, Sec. 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg.,
ch. 718, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch.
771, Sec. 3, eff. June 13, 2001; Acts 2003, 78th Leg., ch. 198,
Sec. 2.139, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 257,
Sec. 16, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1364, Sec. 1, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1085, Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
73, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1130, Sec. 31, eff. September 1, 2009.
Sec. 37.101. FRAUDULENT FILING OF FINANCING STATEMENT. (a) A
person commits an offense if the person knowingly presents for
filing or causes to be presented for filing a financing statement
that the person knows:
(1) is forged;
(2) contains a material false statement; or
(3) is groundless.
(b) An offense under Subsection (a)(1) is a felony of the third
degree, unless it is shown on the trial of the offense that the
person had previously been convicted under this section on two or
more occasions, in which event the offense is a felony of the
second degree. An offense under Subsection (a)(2) or (a)(3) is a
Class A misdemeanor, unless the person commits the offense with
the intent to defraud or harm another, in which event the offense
is a state jail felony.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 10, eff. May 21,
1997.
Sec. 37.11. IMPERSONATING PUBLIC SERVANT. (a) A person commits
an offense if he:
(1) impersonates a public servant with intent to induce another
to submit to his pretended official authority or to rely on his
pretended official acts; or
(2) knowingly purports to exercise any function of a public
servant or of a public office, including that of a judge and
court, and the position or office through which he purports to
exercise a function of a public servant or public office has no
lawful existence under the constitution or laws of this state or
of the United States.
(b) An offense under this section is a felony of the third
degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994; Acts 1997, 75th Leg., ch. 189, Sec. 7, eff. May 21,
1997.
Sec. 37.12. FALSE IDENTIFICATION AS PEACE OFFICER;
MISREPRESENTATION OF PROPERTY. (a) A person commits an offense
if:
(1) the person makes, provides to another person, or possesses a
card, document, badge, insignia, shoulder emblem, or other item
bearing an insignia of a law enforcement agency that identifies a
person as a peace officer or a reserve law enforcement officer;
and
(2) the person who makes, provides, or possesses the item
bearing the insignia knows that the person so identified by the
item is not commissioned as a peace officer or reserve law
enforcement officer as indicated on the item.
(b) It is a defense to prosecution under this section that:
(1) the card, document, badge, insignia, shoulder emblem, or
other item bearing an insignia of a law enforcement agency
clearly identifies the person as an honorary or junior peace
officer or reserve law enforcement officer, or as a member of a
junior posse;
(2) the person identified as a peace officer or reserve law
enforcement officer by the item bearing the insignia was
commissioned in that capacity when the item was made; or
(3) the item was used or intended for use exclusively for
decorative purposes or in an artistic or dramatic presentation.
(c) In this section, "reserve law enforcement officer" has the
same meaning as is given that term in Section 1701.001,
Occupations Code.
(d) A person commits an offense if the person intentionally or
knowingly misrepresents an object as property belonging to a law
enforcement agency.
(e) An offense under this section is a Class B misdemeanor.
Added by Acts 1983, 68th Leg., p. 5672, ch. 1075, Sec. 1, eff.
Sept. 1, 1983. Amended by Acts 1987, 70th Leg., ch. 514, Sec. 1,
eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,
eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 1420, Sec. 14.831,
eff. Sept. 1, 2001.
Sec. 37.13. RECORD OF A FRAUDULENT COURT. (a) A person commits
an offense if the person makes, presents, or uses any document or
other record with:
(1) knowledge that the document or other record is not a record
of a court created under or established by the constitution or
laws of this state or of the United States; and
(2) the intent that the document or other record be given the
same legal effect as a record of a court created under or
established by the constitution or laws of this state or of the
United States.
(b) An offense under this section is a Class A misdemeanor,
except that the offense is a felony of the third degree if it is
shown on the trial of the offense that the defendant has
previously been convicted under this section on two or more
occasions.
(c) If conduct that constitutes an offense under this section
also constitutes an offense under Section 32.48 or 37.10, the
actor may be prosecuted under any of those sections.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 8, eff. May 21,
1997.