Securing Execution of Document by Deception

Texas Criminal Law

The Securing Execution of Document by Deception crime in the state of Texas gives police the right to arrest you if they believe you use any form of deception to get someone to sign an important document or get a public servant to file an important document.

Securing Execution of Document by Deception is classified in the Texas Penal Code under Title 7 “Offenses Against Property,” Chapter 32 “Fraud.”

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Learn more detailed information about the Securing Execution of Document by Deception offense below.

What is the current Texas law about Securing Execution of Document by Deception?

The current Texas law defines the offense of Securing Execution of Document by Deception in Penal Code Section §32.46 as follows:[1]

(a) A person commits an offense if the person, with the intent to defraud or harm any person:

(1) causes another person, without that person’s effective consent, to sign or execute any document affecting property or service or the pecuniary interest of any person; or

(2) causes a public servant, without the public servant’s effective consent, to file or record any purported judgment or other document purporting to memorialize or evidence an act, an order, a directive, or process of:

(A) a purported court that is not expressly created or established under the constitution or the laws of this state or of the United States;

(B) a purported judicial entity that is not expressly created or established under the constitution or laws of this state or of the United States; or

(C) a purported judicial officer of a purported court or purported judicial entity described by Paragraph (A) or (B).

How can I be charged with Securing Execution of Document by Deception?

You can be charged with Securing Execution of Document by Deception if the state’s attorneys believe that each of the elements of 32.46 as described in the section above have been met.

What is the punishment for Securing Execution of Document by Deception?

A conviction for Securing Execution of Document by Deception under subsection (a)(1) ranges from a Class C misdemeanor to a first degree felony, depending on the value of the property involved.[2] A conviction under Subsection (a)(2) is a state jail felony.[3] An offense described under Subsections (b)(1)-(6) and (c) is increased to the next higher category of offense if the state’s attorneys convince a jury that the offense was committed against an elderly individual or that the offense involves the state Medicaid program.[4]


Legal References:

^1. Texas Penal Code §32.46^2. Texas Penal Code §32.46(b)

(b) An offense under Subsection (a)(1) is a:

(1) Class C misdemeanor if the value of the property, service, or pecuniary interest is less than $100;

(2) Class B misdemeanor if the value of the property, service, or pecuniary interest is $100 or more but less than $750;

(3) Class A misdemeanor if the value of the property, service, or pecuniary interest is $750 or more but less than $2,500;

(4) state jail felony if the value of the property, service, or pecuniary interest is $2,500 or more but less than $30,000;

(5) felony of the third degree if the value of the property, service, or pecuniary interest is $30,000 or more but less than $150,000;

(6) felony of the second degree if the value of the property, service, or pecuniary interest is $150,000 or more but less than $300,000; or

(7) felony of the first degree if the value of the property, service, or pecuniary interest is $300,000 or more.

^3. Texas Penal Code §32.46(c)^4. Texas Penal Code §32.46(c-1)


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