Fraudulent or Fictitious Military Record: Texas Penal Code §32.54

The Texas Fraudulent or Fictitious Military Record law gives police the right to arrest you if they believe you used a fake military record or falsely claimed to have a military record with the intent to gain rank in military, gain compensation, get a job in the government, get a donation from someone, receive benefits, or get admission into a school.

The Texas legislature codified this criminal offense in Texas Penal Code Section 32.54. The legislature updated this law in 2023, when the word “veteran’s” was replaced with the word “military” in subdivision (b)(2)(B)(ii) in reference to the types of benefits that the law prohibits applying for with fake credentials. This had the effect of expanding the types of benefits that are illegal to obtain under this law.

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

What is the current Texas law about Fraudulent or Fictitious Military Record?

Texas law currently defines the offense of Fraudulent or Fictitious Military Record in Penal Code Section §32.54 as follows:^[1]

(b) A person commits an offense if the person:

(1) uses or claims to hold a military record that the person knows:

(A) is fraudulent;

(B) is fictitious or has otherwise not been granted or assigned to the person; or

(C) has been revoked; and

(2) uses or claims to hold that military record:

(A) in a written or oral advertisement or other promotion of a business; or

(B) with the intent to:

(i) obtain priority in receiving services or resources under Subchapter G, Chapter 302, Labor Code;

(ii) qualify for a military employment preference under Chapter 657, Government Code;

(iii) obtain a license or certificate to practice a trade, profession, or occupation;

(iv) obtain a promotion, compensation, or other benefit, or an increase in compensation or other benefit, in employment or in the practice of a trade, profession, or occupation;

(v) obtain a benefit, service, or donation from another person;

(vi) obtain admission to an educational program in this state; or

(vii) gain a position in state government with authority over another person, regardless of whether the actor receives compensation for the position.

This version of the law went into effect September 1, 2023.^[2]

What changed in 2023?

In the version of the law in effect prior to September 1, 2023, subdivision (b)(2)(B)(ii) of the statute was “qualify for a veteran’s employment preference under Chapter 657, Government Code,” and after September 1, 2023, subdivision (b)(2)(B)(ii) of the statute was “qualify for a military employment preference under Chapter 657, Government Code.” ^[3]

The legislature’s swapping of “veteran’s” for “military” in 2023 expanded the scope of the law. The benefits included under the new “miltary” benefits that were unavailable as “veterans” benefits primarily concerned spouses of active duty and disabled members of the armed forces.^[4]

How can I be charged with a Fraudulent or Fictitious Military Record offense in Texas?

You can be charged with Fraudulent or Fictitious Military Record in Texas if the state’s attorneys believe that each of the elements of 32.54(b) as described in the section above have been met.

What is the statute of limitation for Fraudulent or Fictitious Military Record in Texas?

As a misdemeanor, Fraudulent or Fictitious Military Record charges have a two-year limitations period.^[5]

What is the penalty for a Texas Fraudulent or Fictitious Military Record offense?

A conviction for Fraudulent or Fictitious Military Record in Texas is punished as a Class B misdemeanor,^[6] with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days.

Can you get probation for Fraudulent or Fictitious Military Record in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Fraudulent or Fictitious Military Record, and judges are also allowed to accept deferred adjudication plea deals.^[7]

What level of crime is Fraudulent or Fictitious Military Record in Texas?

The Penal Code classifies the punishment for Fraudulent or Fictitious Military Record as a Class B misdemeanor.

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

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Legal References:

^1. Texas Penal Code §32.54. This law is current as of 2024.^2. SB 1376, 88th Legislature, Sections 11 & 12^3. See SB 1376, 88th Legislature, Section 10^4. See SB 1376, 88th Legislature, Sections 3 & 4^5. See Code of Criminal Procedure 12.02(a)^6. Texas Penal Code §32.54(c)^7. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102