The Texas Record of a Fraudulent Court law gives police the right to arrest you if they believe you tried to pass off a fake court record or document as a real one.
FAQs about the
Record of a Fraudulent Court law in Texas
- What is the current Texas law about Record of a Fraudulent Court?
- How can I be charged with a Record of a Fraudulent Court offense in Texas?
- What is the statute of limitation for Record of a Fraudulent Court in Texas?
- What is the penalty for a Texas Record of a Fraudulent Court offense?
- Can you get probation for Record of a Fraudulent Court in Texas?
- What level of crime is Record of a Fraudulent Court in Texas?
The Texas legislature codified this criminal offense in Texas Penal Code Section 37.13. The legislature did not update this law in 2023. In fact, this law has not been amended since 1997.
The Penal Code codifies the Texas Record of a Fraudulent Court law under Title 8 “Offenses Against Public Administration,” Chapter 37 “Perjury and Other Falsifications.” Learn more about the Texas offense of Record of a Fraudulent Court below.
What is the current Texas law about Record of a Fraudulent Court?
The current Texas law defines the offense of Record of a Fraudulent Court in Penal Code Section §37.13 as follows:[1]
(a) A person commits an offense if the person makes, presents, or uses any document or other record with:
(1) knowledge that the document or other record is not a record of a court created under or established by the constitution or laws of this state or of the United States; and
(2) the intent that the document or other record be given the same legal effect as a record of a court created under or established by the constitution or laws of this state or of the United States.
How can I be charged with a Record of a Fraudulent Court offense in Texas?
You can be charged with Record of a Fraudulent Court in Texas if the state’s attorneys believe that each of the elements of 37.13(a) as described in the section above have been met.
What is the statute of limitation for Record of a Fraudulent Court in Texas?
Misdemeanor level Record of a Fraudulent Court 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 Record of a Fraudulent Court offense?
A conviction for Record of a Fraudulent Court in Texas is punished as a Class A misdemeanor, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted of this law on two or more occasions.[4] Learn about the differences between grades of felonies and misdemeanors here.
Can you get probation for Record of a Fraudulent Court in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Record of a Fraudulent Court, and judges are also allowed to accept deferred adjudication plea deals.[5]
What level of crime is Record of a Fraudulent Court in Texas?
The Penal Code classifies Record of a Fraudulent Court as a Class A misdemeanor, but the state can seek a third degree felony enhancement by proving that it’s your second Record of a Fraudulent Court conviction.
Learn more about the penalty range for this offense in the section above.
Legal References:
^1. Texas Penal Code §37.13. This law is current as of the 88th Legislature Regular Session.^2. Code of Criminal Procedure 12.02(a)^3. See Code of Criminal Procedure 12.01(9)^4. Texas Penal Code §37.13(b)^5. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .
