Fraudulent Securing of Document Execution: Texas Penal Code §32.46

The Texas Fraudulent Securing of Document Execution law gives police the right to arrest you if they believe you fraudulently got someone to sign certain important documents without their consent or you fraudulently got a public servant to file or record certain important documents that were generated by fake courts.

This law makes it illegal to engage in trickery with respect to the signing, filing, and recordation of important documents affecting interests in things like real estate and property. When the statute talks about getting someone to sign a document without their consent, it is referring to trickery like having someone sign a blank document and then filling it in later with information that the person did not agree to.

The Texas legislature codified this criminal offense in Texas Penal Code Section 32.46. The law was not amended in 2023. However, the law was most recently amended in 2021 when the legislature changed the name from Securing Execution of Document by Deception to its current name and made other relatively minor changes to the text of the statute.

The Penal Code classifies the Texas Fraudulent Securing of Document Execution law under Title 7 “Offenses Against Property,” Chapter 32 “Fraud.” Learn more about the Texas offense of Fraudulent Securing of Document Execution below.

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

The current Texas law defines the offense of Fraudulent Securing of Document Execution 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 a Fraudulent Securing of Document Execution offense in Texas?

You can be charged with Securing Execution of Document by Deception in Texas 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 statute of limitation for Fraudulent Securing of Document Execution in Texas?

Misdemeanor level Fraudulent Securing of Document Execution 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 Fraudulent Securing of Document Execution offense?

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.^[4] A conviction under Subsection (a)(2) is a state jail felony.^[5] 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.^[6]

Can you get probation for Fraudulent Securing of Document Execution in Texas?

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

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.^[8] 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.^[9]

What level of crime is Fraudulent Securing of Document Execution in Texas?

The Penal Code classification of the punishment for Fraudulent Securing of Document Execution ranges from a Class C misdemeanor to a first degree felony, depending on the value of the property and other circumstances.

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

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Legal References:

^1. Texas Penal Code §32.46. 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 §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.

^5. Texas Penal Code §32.46(c)^6. Texas Penal Code §32.46(c-1)^7. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^8. Art. 42A.053(c), Texas Code of Criminal Procedure^9. Art. 42A.054(b), Texas Code of Criminal Procedure