Forgery: Texas Penal Code §32.21

The Texas Forgery law allows police to arrest you if they believe that you forged certain kinds of “writings,” including money, trademarks, identification or credit cards, with the intent to harm or defraud someone.

The Texas Legislature codified this criminal offense in Texas Penal Code Section 32.21. The Legislature amended this law in 2017, 2023, and then again in 2025. The 2017 amendments added a value-based penalty enhancement scheme, and the 2023 amendments added a presumption related to that scheme.

In 2025, the Legislature significantly increased the penalties for this offense. Under the new law, many Forgery offenses are now classified at higher felony levels, and some offenses that were misdemeanors were reclassified as felonies. This article explores those amendments below.

The Penal Code classifies the Texas Forgery law under Title 7 “Offenses Against Property,” Chapter 32 “Fraud.” Learn more about the Texas offense of Forgery below.

What is the current Texas law about Forgery?

Texas Penal Code §32.21 currently defines Forgery as follows:^[1]

(b) A person commits an offense if he forges a writing with intent to defraud or harm another.

Writings are defined in the statute to include (“include” implies that this is not an exhaustive list):^[2]

(A) printing or any other method of recording information;

(B) money, coins, tokens, stamps, seals, credit cards, badges, and trademarks; and

(C) symbols of value, right, privilege, or identification.

What is the penalty for a Texas Forgery offense?

As of September 1, 2025,^[3] the penalties for Forgery are:

• Default punishment: State jail felony^[4]
• If the writing is a will, deed, check, or similar instrument: Third-degree felony^[5]
• If the writing is money, securities, government records, or similar: Second-degree felony^[6]
• If the conduct was to obtain property or services, it is value-based:^[7]
  • <$100 → Class B misdemeanor
  • $100–$750 → Class A misdemeanor
  • $750–$2,500 → State jail felony
  • $2,500–$30,000 → Third-degree felony
  • $30,000–$150,000 → Second-degree felony
  • ≥$150,000 → First-degree felony
• Elderly victim enhancement: Increases the punishment to the next higher category^[8]

For conduct occurring before September 1, 2025, a different penalty scheme applies.^[9] For these older offenses, the default Forgery classification is a Class A misdemeanor.^[10] Pre-2025 Forgery convictions for writings purporting to be a will, codicil, etc. are classified as a state jail felony.^[11] If the conviction involved a writing that is part of an issue of money, securities, postage, etc., convictions carry classification as a third degree felony. The value-based offense levels were different as well.

Amendments effective in 2023 create a legal presumption that, for the purposes of penalty section (e-1), “a person in possession of money that is forged within the meaning of Subsection (a)(1)(A) intended to obtain a property or service of a value equal to the total purported value of the forged money.”

What changed in 2017?

In 2017, the Legislature created a whole new penalty scheme for this offense that applies if you “engaged in the conduct to obtain or attempt to obtain a property or service.”^[12] Under this new penalty scheme, codified as subsection (e-1), the classification level for the offense ranges from a Class C misdemeanor to a first degree felony. The subsection (e-1) penalty scheme in effect in 2017 was as follows (note that these levels changed in 2025):

• If the value of the property or service is less than $100, then the offense is punished as a Class C misdemeanor.
• If the value of the property or service is $100 or more but less than $750, then the offense is punished as a Class B misdemeanor.
• If the value of the property or service is $750 or more but less than $2,500, then the offense is punished as a Class A misdemeanor.
• If the value of the property or service is $2,500 or more but less than $30,000, then the offense is punished as a state jail felony.
• If the value of the property or service is $30,000 or more but less than $150,000, then the offense is punished as a third degree felony.
• If the value of the property or service is $150,000 or more but less than $300,000, then the offense is punished as a second degree felony.
• If the value of the property or service is $300,000 or more, then the offense is punished as a first degree felony.

What changed in 2023?

In 2023, the Legislature added a subsection (f-1) to the statute that requires a jury or judge, by law, to presume that, for the purposes of (e-1), “a person in possession of money that is forged within the meaning of Subsection (a)(1)(A) intended to obtain a property or service of a value equal to the total purported value of the forged money.”^[13]

What changed in 2025?

In 2025, the Texas Legislature substantially increased the penalties for Forgery. The most important changes include:

• The default punishment under §32.21(c) was raised from a Class A misdemeanor to a state jail felony.
• Offenses involving certain writings, such as wills, mortgages, or checks, are now third-degree felonies instead of state jail felonies.
• Offenses involving money, securities, or government records are now second-degree felonies instead of third-degree felonies.
• The property-value penalty ladder in §32.21(e-1) was shifted upward:
  • <$100 → Class B misdemeanor (formerly Class C).
  • $100–$750 → Class A misdemeanor (formerly Class B).
  • $750–$2,500 → State jail felony (formerly Class A).
  • $2,500–$30,000 → Third-degree felony (formerly state jail felony).
  • $30,000–$150,000 → Second-degree felony (formerly third degree).
  • ≥$150,000 → First-degree felony (formerly second degree).
• Enhancements for offenses against elderly individuals still apply, raising the charge to the next higher penalty level.

These changes apply only to conduct occurring on or after September 1, 2025.^[14]

How can I be charged with a Forgery offense in Texas?

You can be charged with Forgery in Texas if the state’s attorneys believe that each of the elements of §32.21(b) as described in the section above has been met.

What is the statute of limitations for Forgery in Texas?

Misdemeanor level Forgery charges have a two-year limitations period.^[15] Felony level offenses have a ten-year limitations period.^[16]

Can you get probation for Forgery in Texas?

Yes. Probation is generally available for Forgery in Texas. The Texas Code of Criminal Procedure allows both judges and juries to grant community supervision, commonly called probation, for Forgery, and judges may also grant deferred adjudication community supervision.^[17]

However, important restrictions apply. Neither a judge nor a jury may grant community supervision if the imposed term of imprisonment exceeds 10 years.^[18] Additionally, a judge 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.^[19]

What level of crime is Forgery in Texas?

The Penal Code classification of the punishment for Forgery ranges from a Class C misdemeanor to a first degree felony, depending on the value of the property or service and other factors.

Learn more about the penalty range for this offense in the section above.

Legal References compiled by attorney Paul Saputo: