The Texas Forgery law gives police the right to arrest you if they believe you forged certain kinds of “writings,” including money, trademarks, identification or credit cards, with the intent to harm or defraud someone.
FAQs about the
Forgery law in Texas
The Texas legislature codified this criminal offense in Texas Penal Code Section 32.21. The legislature amended this law in 2017 and 2023. The 2017 amendments added a penalty enhancement scheme, and the 2023 amendments added a presumption. This articles 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 law currently defines the offense of Forgery in Penal Code Section §32.21 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.
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 have been met.
What is the statute of limitation for Forgery in Texas?
Misdemeanor level Forgery charges have a two-year limitations period.[3] Felony level offenses have a three-year limitations period.[4]
What is the penalty for a Texas Forgery offense?
Unless one of the enhancements apply, or subsection (e-1) applies, a conviction for Forgery is punished by default as a Class A misdemeanor,[5] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.
“If the writing is or purports to be a will, codicil, deed, deed of trust, mortgage, security instrument, security agreement, credit card, check, authorization to debit an account at a financial institution, or similar sight order for payment of money, contract, release, or other commercial instrument” then a conviction for Forgery in Texas is punished as a State Jail Felony,[6] with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to two years.
A conviction for Forgery may be punished as a third degree felony if the writing is part of an issue of money, securities, postage or revenue stamps, a motor vehicle liability insurance form, or another instrument issued by a state or national government or by a subdivision of either, or part of an issue of stock, bonds, or other instruments representing interests in or claims against another person.[7]
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.”[8] 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 as follows:
- If the value of the property or service is less than $100, then the offense is punished as a Class C mismdemeanor.
- 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 mismdemeanor.
- 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 mismdemeanor.
- 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.
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.”[9]
In addition to all of these above enhancements, if the offense is committed against an elderly person, then a conviction for Forgery in Texas is punished as the next higher category of the offense.[10]
Can you get probation for Forgery in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Forgery, 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 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:
^1. Texas Penal Code §32.21. This law is current as of 2024.^2. Texas Penal Code §32.21(a)(2)^3. Code of Criminal Procedure 12.02(a)^4. See Code of Criminal Procedure 12.01(9)^5. Texas Penal Code §32.21(c)^6. Texas Penal Code §32.21(d)^7. Texas Penal Code §32.21(e)^8. HB 351, 88th Legislature, Section 25^9. HB 1910, 88th Legislature, Section 1^10. Texas Penal Code §32.21(e-2)^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
