The Texas False Statement to Obtain Property or Credit or in the Provision of Certain Services law gives police the right to arrest you if they believe you made a materially false or misleading written statement to obtain credit or a mortgage loan.
FAQs about the
False Statement To Obtain Property Or Credit law in Texas
- What is the current Texas law about False Statement to Obtain Property or Credit or in the Provision of Certain Services?
- How can I be charged with a False Statement To Obtain Property Or Credit offense in Texas?
- What is the statute of limitation for False Statement To Obtain Property Or Credit in Texas?
- What is the penalty for a Texas False Statement To Obtain Property Or Credit offense?
- Can you get probation for False Statement To Obtain Property Or Credit in Texas?
- What level of crime is False Statement To Obtain Property Or Credit in Texas?
You can also be arrested for this offense if you made a materially false or misleading written appraisal about a property for compensation.
Have you been charged with False Statement to Obtain Property or Credit or in the Provision of Certain Services? Book a consultation to discuss legal representation with attorneys Paul Saputo and Nicholas Toufexis today.
The Texas legislature codified this criminal offense in Texas Penal Code Section 32.32. The legislature did not update this law in 2023. In fact, this law has not been amended since 2015.
The Penal Code classifies the Texas False Statement To Obtain Property Or Credit law under Title 7 “Offenses Against Property,” Chapter 32 “Fraud.” Learn more about the Texas offense of False Statement to Obtain Property or Credit or in the Provision of Certain Services below.
What is the current Texas law about False Statement to Obtain Property or Credit or in the Provision of Certain Services?
Texas law currently defines the offense of False Statement to Obtain Property or Credit or in the Provision of Certain Services in Penal Code Section §32.32 as follows:[1]
(b) A person commits an offense if he intentionally or knowingly makes a materially false or misleading written statement to obtain property or credit, including a mortgage loan.
(b-1) A person commits an offense if the person intentionally or knowingly makes a materially false or misleading written statement in providing an appraisal of real property for compensation.
What is the definition of credit?
The statute defines “credit” as:
(1) a loan of money;
(2) furnishing property or service on credit;
(3) extending the due date of an obligation;
(4) comaking, endorsing, or guaranteeing a note or other instrument for obtaining credit;
(5) a line or letter of credit;
(6) a credit card, as defined in Section 32.31 (Credit Card or Debit Card Abuse); and
(7) a mortgage loan.
How can I be charged with a False Statement To Obtain Property Or Credit offense in Texas?
You can be charged with False Statement To Obtain Property Or Credit Or In The Provision Of Certain Services in Texas if the state’s attorneys believe that each of the elements of either 32.32(b) or (b-1) as described in the section above have been met.
What is the statute of limitation for False Statement To Obtain Property Or Credit in Texas?
Misdemeanor level False Statement To Obtain Property Or Credit charges have a two-year limitations period.[2] Felony level offenses have a three-year limitations period.[3]
What is the penalty for a Texas False Statement To Obtain Property Or Credit offense?
If the value of the property or amount of credit is less than $100 then a conviction for False Statement To Obtain Property Or Credit Or In The Provision Of Certain Services in Texas is punished as a Class C misdemeanor,[4] with a maximum possible fine under Texas state law of up to $500.
If the value of the property or amount of credit is $100 or more but less than $750 then a conviction for False Statement To Obtain Property Or Credit Or In The Provision Of Certain Services in Texas is punished as a Class B misdemeanor,[5] with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days.
If the value of the property or amount of credit is $750 or more but less than $2,500 then a conviction for False Statement To Obtain Property Or Credit Or In The Provision Of Certain Services in Texas is punished as a Class A misdemeanor,[6] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.
If the value of the property or amount of credit is $2,500 or more but less than $30,000 then a conviction for False Statement To Obtain Property Or Credit Or In The Provision Of Certain Services in Texas is punished as a State Jail Felony,[7] with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to two years.
If the value of the property or amount of credit is $30,000 or more but less than $150,000 then a conviction for False Statement To Obtain Property Or Credit Or In The Provision Of Certain Services in Texas is punished as a Felony of the Third Degree,[8] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.
If the value of the property or amount of credit is $150,000 or more but less than $300,000 then a conviction for False Statement To Obtain Property Or Credit Or In The Provision Of Certain Services in Texas is punished as a Felony of the Second Degree,[9] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 20 years.
If the value of the property or amount of credit is $300,000 then a conviction for False Statement To Obtain Property Or Credit Or In The Provision Of Certain Services in Texas is punished as a Felony of the First Degree,[10] with a maximum possible fine under Texas state law of up to $10,000 and up to life in prison.
Can you get probation for False Statement To Obtain Property Or Credit in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for False Statement To Obtain Property Or Credit, and judges are also allowed to accept deferred adjudication plea deals.[11]
Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.[12] Also, judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.[13]
What level of crime is False Statement To Obtain Property Or Credit in Texas?
The Penal Code classification of the punishment for False Statement To Obtain Property Or Credit ranges from a Class C misdemeanor to a first degree felony, depending on the value of the property or amount of credit.
Learn more about the penalty range for this offense in the section above.
Legal References:
^1. Texas Penal Code §32.32. This law is current as of 2024.^2. Code of Criminal Procedure 12.02(a)^3. See Code of Criminal Procedure 12.01(9)^4. Texas Penal Code §32.32(c)(1)^5. Texas Penal Code §32.32(c)(2)^6. Texas Penal Code §32.32(c)(3)^7. Texas Penal Code §32.32(c)(4)^8. Texas Penal Code §32.32(c)(5)^9. Texas Penal Code § 32.32(c)(6)^10. Texas Penal Code §32.32(c)(7)^11. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^12 Art. 42A.053(c), Texas Code of Criminal Procedure^13. Art. 42A.054(b), Texas Code of Criminal Procedure
