The Fraudulent or Fictitious Military Record crime in the state of Texas 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.

Fraudulent or Fictitious Military Record is classified in the Texas Penal Code under Title 7 “Offenses Against Property,” Chapter 32 “Fraud.”

Learn more detailed information about the Fraudulent or Fictitious Military Record offense below.

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

The current Texas law 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(C) has been revoked; and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 veteran’s 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.

How can I be charged with Fraudulent or Fictitious Military Record?

You can be charged with Fraudulent or Fictitious Military Record 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 punishment for Fraudulent or Fictitious Military Record?

A conviction for Fraudulent or Fictitious Military Record is punished as a Class B misdemeanor,^[2] with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days. Learn about the differences between grades of felonies and misdemeanors

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Legal References:

^1. Texas Penal Code §32.54^2. Texas Penal Code §32.54(c)