On 2005-03-11 12:04, Rogue Spear wrote:
PENAL CODE

CHAPTER 37. PERJURY AND OTHER FALSIFICATION


§ 37.01. DEFINITIONS. In this chapter:
(1) "Court record" means a decree, judgment, order,
subpoena, warrant, minutes, or other document issued by a court of:
(A) this state;
(B) another state;
(C) the United States;
(D) a foreign country recognized by an act of
congress or a treaty or other international convention to which the
United States is a party;
(E) an Indian tribe recognized by the United
States; or
(F) any other jurisdiction, territory, or
protectorate entitled to full faith and credit in this state under
the United States Constitution.
(2) "Governmental record" means:
(A) anything belonging to, received by, or kept
by government for information, including a court record;
(B) anything required by law to be kept by others
for information of government;
(C) a license, certificate, permit, seal, title,
letter of patent, or similar document issued by government, by
another state, or by the United States;
(D) a standard proof of motor vehicle liability
insurance form described by Section 601.081, Transportation Code, a
certificate of an insurance company described by Section 601.083 of
that code, a document purporting to be such a form or certificate
that is not issued by an insurer authorized to write motor vehicle
liability insurance in this state, an electronic submission in a
form described by Section 502.153(i), Transportation Code, or an
evidence of financial responsibility described by Section 601.053
of that code; or
(E) an official ballot or other election record.
(3) "Statement" means any representation of fact.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1991, 72nd Leg., ch. 113, § 3, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;
Acts 1997, 75th Leg., ch. 189, § 5, eff. May 21, 1997; Acts 1997,
75th Leg., ch. 823, § 3, eff. Sept. 1, 1997; Acts 1999, 76th
Leg., ch. 659, § 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch.
393, § 21, eff. Sept. 1, 2003.


§ 37.02. PERJURY. (a) A person commits an offense if,
with intent to deceive and with knowledge of the statement's
meaning:
(1) he makes a false statement under oath or swears to
the truth of a false statement previously made and the statement is
required or authorized by law to be made under oath; or
(2) he makes a false unsworn declaration under Chapter
132, Civil Practice and Remedies Code.
(b) An offense under this section is a Class A misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.


§ 37.03. AGGRAVATED PERJURY. (a) A person commits an
offense if he commits perjury as defined in Section 37.02, and the
false statement:
(1) is made during or in connection with an official
proceeding; and
(2) is material.
(b) An offense under this section is a felony of the third
degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.


§ 37.04. MATERIALITY. (a) A statement is material,
regardless of the admissibility of the statement under the rules of
evidence, if it could have affected the course or outcome of the
official proceeding.
(b) It is no defense to prosecution under Section 37.03
(Aggravated Perjury) that the declarant mistakenly believed the
statement to be immaterial.
(c) Whether a statement is material in a given factual
situation is a question of law.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.


§ 37.05. RETRACTION. It is a defense to prosecution
under Section 37.03 (Aggravated Perjury) that the actor retracted
his false statement:
(1) before completion of the testimony at the official
proceeding; and
(2) before it became manifest that the falsity of the
statement would be exposed.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.


§ 37.06. INCONSISTENT STATEMENTS. An information or
indictment for perjury under Section 37.02 or aggravated perjury
under Section 37.03 that alleges that the declarant has made
statements under oath, both of which cannot be true, need not allege
which statement is false. At the trial the prosecution need not
prove which statement is false.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.


§ 37.07. IRREGULARITIES NO DEFENSE. (a) It is no
defense to prosecution under Section 37.02 (Perjury) or 37.03
(Aggravated Perjury) that the oath was administered or taken in an
irregular manner, or that there was some irregularity in the
appointment or qualification of the person who administered the
oath.
(b) It is no defense to prosecution under Section 37.02
(Perjury) or 37.03 (Aggravated Perjury) that a document was not
sworn to if the document contains a recital that it was made under
oath, the declarant was aware of the recital when he signed the
document, and the document contains the signed jurat of a public
servant authorized to administer oaths.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.


§ 37.08. FALSE REPORT TO PEACE OFFICER OR LAW
ENFORCEMENT EMPLOYEE. (a) A person commits an offense if, with
intent to deceive, he knowingly makes a false statement that is
material to a criminal investigation and makes the statement to:
(1) a peace officer conducting the investigation; or
(2) any employee of a law enforcement agency that is
authorized by the agency to conduct the investigation and that the
actor knows is conducting the investigation.
(b) In this section, "law enforcement agency" has the
meaning assigned by Article 59.01, Code of Criminal Procedure.
(c) An offense under this section is a Class B misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994; Acts 1997, 75th Leg., ch. 925, § 1, eff. Sept. 1, 1997.


§ 37.081. FALSE REPORT REGARDING MISSING CHILD OR
MISSING PERSON. (a) A person commits an offense if, with intent
to deceive, the person knowingly:
(1) files a false report of a missing child or missing
person with a law enforcement officer or agency; or
(2) makes a false statement to a law enforcement
officer or other employee of a law enforcement agency relating to a
missing child or missing person.
(b) An offense under this section is a Class C misdemeanor.

Added by Acts 1999, 76th Leg., ch. 200, § 3, eff. Sept. 1, 1999.


§ 37.09. TAMPERING WITH OR FABRICATING PHYSICAL
EVIDENCE. (a) A person commits an offense if, knowing that an
investigation or official proceeding is pending or in progress, he:
(1) alters, destroys, or conceals any record,
document, or thing with intent to impair its verity, legibility, or
availability as evidence in the investigation or official
proceeding; or
(2) makes, presents, or uses any record, document, or
thing with knowledge of its falsity and with intent to affect the
course or outcome of the investigation or official proceeding.
(b) This section shall not apply if the record, document, or
thing concealed is privileged or is the work product of the parties
to the investigation or official proceeding.
(c) An offense under Subsection (a) or Subsection (d)(1) is
a felony of the third degree. An offense under Subsection (d)(2) is
a Class A misdemeanor.
(d) A person commits an offense if the person:
(1) knowing that an offense has been committed,
alters, destroys, or conceals any record, document, or thing with
intent to impair its verity, legibility, or availability as
evidence in any subsequent investigation of or official proceeding
related to the offense; or
(2) observes human remains under circumstances in
which a reasonable person would believe that an offense had been
committed, knows or reasonably should know that a law enforcement
agency is not aware of the existence of or location of the remains,
and fails to report the existence of and location of the remains to
a law enforcement agency.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1991, 72nd Leg., ch. 565, § 4, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;
Acts 1997, 75th Leg., ch. 1284, § 1, eff. Sept. 1, 1997.


§ 37.10. TAMPERING WITH GOVERNMENTAL RECORD. (a) A
person commits an offense if he:
(1) knowingly makes a false entry in, or false
alteration of, a governmental record;
(2) makes, presents, or uses any record, document, or
thing with knowledge of its falsity and with intent that it be taken
as a genuine governmental record;
(3) intentionally destroys, conceals, removes, or
otherwise impairs the verity, legibility, or availability of a
governmental record;
(4) possesses, sells, or offers to sell a governmental
record or a blank governmental record form with intent that it be
used unlawfully;
(5) makes, presents, or uses a governmental record
with knowledge of its falsity; or
(6) possesses, sells, or offers to sell a governmental
record or a blank governmental record form with knowledge that it
was obtained unlawfully.
(b) It is an exception to the application of Subsection
(a)(3) that the governmental record is destroyed pursuant to legal
authorization or transferred under Section 441.204, Government
Code. With regard to the destruction of a local government record,
legal authorization includes compliance with the provisions of
Subtitle C, Title 6, Local Government Code.
(c)(1) Except as provided by Subdivision (2) and by
Subsection (d), an offense under this section is a Class A
misdemeanor unless the actor's intent is to defraud or harm
another, in which event the offense is a state jail felony.
(2) An offense under this section is a felony of the
third degree if it is shown on the trial of the offense that the
governmental record was a public school record, report, or
assessment instrument required under Chapter 39, Education Code, or
was a license, certificate, permit, seal, title, letter of patent,
or similar document issued by government, by another state, or by
the United States, unless the actor's intent is to defraud or harm
another, in which event the offense is a felony of the second
degree.
(d) An offense under this section, if it is shown on the
trial of the offense that the governmental record is described by
Section 37.01(2)(D), is:
(1) a Class B misdemeanor if the offense is committed
under Subsection (a)(2) or Subsection (a)(5) and the defendant is
convicted of presenting or using the record;
(2) a felony of the third degree if the offense is
committed under:
(A) Subsection (a)(1), (3), (4), or (6); or
(B) Subsection (a)(2) or (5) and the defendant is
convicted of making the record; and
(3) a felony of the second degree, notwithstanding
Subdivisions (1) and (2), if the actor's intent in committing the
offense was to defraud or harm another.
(e) It is an affirmative defense to prosecution for
possession under Subsection (a)(6) that the possession occurred in
the actual discharge of official duties as a public servant.
(f) It is a defense to prosecution under Subsection (a)(1),
(a)(2), or (a)(5) that the false entry or false information could
have no effect on the government's purpose for requiring the
governmental record.
(g) A person is presumed to intend to defraud or harm
another if the person acts with respect to two or more of the same
type of governmental records or blank governmental record forms and
if each governmental record or blank governmental record form is a
license, certificate, permit, seal, title, or similar document
issued by government.
(h) If conduct that constitutes an offense under this
section also constitutes an offense under Section 32.48 or 37.13,
the actor may be prosecuted under any of those sections.
(i) With the consent of the appropriate local county or
district attorney, the attorney general has concurrent
jurisdiction with that consenting local prosecutor to prosecute an
offense under this section that involves the state Medicaid
program.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1989, 71st Leg., ch. 1248, § 66, eff. Sept. 1,
1989; Acts 1991, 72nd Leg., ch. 113, § 4, eff. Sept. 1, 1991;
Acts 1991, 72nd Leg., ch. 565, § 5, eff. Sept. 1, 1991; Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997,
75th Leg., ch. 189, § 6, eff. May 21, 1997; Acts 1997, 75th Leg.,
ch. 823, § 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 659,
§ 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 718, § 1,
eff; Sept. 1, 1999; Acts 2001, 77th Leg., ch. 771, § 3, eff.
June 13, 2001; Acts 2003, 78th Leg., ch. 198, § 2.139, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 257, § 16, eff. Sept. 1,
2003.


§ 37.101. FRAUDULENT FILING OF FINANCING
STATEMENT. (a) A person commits an offense if the person
knowingly presents for filing or causes to be presented for filing a
financing statement that the person knows:
(1) is forged;
(2) contains a material false statement; or
(3) is groundless.
(b) An offense under Subsection (a)(1) is a felony of the
third degree, unless it is shown on the trial of the offense that
the person had previously been convicted under this section on two
or more occasions, in which event the offense is a felony of the
second degree. An offense under Subsection (a)(2) or (a)(3) is a
Class A misdemeanor, unless the person commits the offense with the
intent to defraud or harm another, in which event the offense is a
state jail felony.

Added by Acts 1997, 75th Leg., ch. 189, § 10, eff. May 21, 1997.


§ 37.11. IMPERSONATING PUBLIC SERVANT. (a) A person
commits an offense if he:
(1) impersonates a public servant with intent to
induce another to submit to his pretended official authority or to
rely on his pretended official acts; or
(2) knowingly purports to exercise any function of a
public servant or of a public office, including that of a judge and
court, and the position or office through which he purports to
exercise a function of a public servant or public office has no
lawful existence under the constitution or laws of this state or of
the United States.
(b) An offense under this section is a felony of the third
degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994; Acts 1997, 75th Leg., ch. 189, § 7, eff. May 21, 1997.


§ 37.12. FALSE IDENTIFICATION AS PEACE OFFICER;
MISREPRESENTATION OF PROPERTY. (a) A person commits an offense
if:
(1) the person makes, provides to another person, or
possesses a card, document, badge, insignia, shoulder emblem, or
other item bearing an insignia of a law enforcement agency that
identifies a person as a peace officer or a reserve law enforcement
officer; and
(2) the person who makes, provides, or possesses the
item bearing the insignia knows that the person so identified by the
item is not commissioned as a peace officer or reserve law
enforcement officer as indicated on the item.
(b) It is a defense to prosecution under this section that:
(1) the card, document, badge, insignia, shoulder
emblem, or other item bearing an insignia of a law enforcement
agency clearly identifies the person as an honorary or junior peace
officer or reserve law enforcement officer, or as a member of a
junior posse;
(2) the person identified as a peace officer or
reserve law enforcement officer by the item bearing the insignia
was commissioned in that capacity when the item was made; or
(3) the item was used or intended for use exclusively
for decorative purposes or in an artistic or dramatic presentation.
(c) In this section, "reserve law enforcement officer" has
the same meaning as is given that term in Section 1701.001,
Occupations Code.
(d) A person commits an offense if the person intentionally
or knowingly misrepresents an object as property belonging to a law
enforcement agency.
(e) An offense under this section is a Class B misdemeanor.

Added by Acts 1983, 68th Leg., p. 5672, ch. 1075, § 1, eff. Sept.
1, 1983. Amended by Acts 1987, 70th Leg., ch. 514, § 1, eff.
Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept.
1, 1994; Acts 2001, 77th Leg., ch. 1420, § 14.831, eff. Sept. 1,
2001.


§ 37.13. RECORD OF A FRAUDULENT COURT. (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.
(b) An offense under this section is 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 under this section on two or more occasions.
(c) If conduct that constitutes an offense under this
section also constitutes an offense under Section 32.48 or 37.10,
the actor may be prosecuted under any of those sections.

Added by Acts 1997, 75th Leg., ch. 189, § 8, eff. May 21, 1997.

PENAL CODE

CHAPTER 2. BURDEN OF PROOF


§ 2.01. PROOF BEYOND A REASONABLE DOUBT. All persons
are presumed to be innocent and no person may be convicted of an
offense unless each element of the offense is proved beyond a
reasonable doubt. The fact that he has been arrested, confined, or
indicted for, or otherwise charged with, the offense gives rise to
no inference of guilt at his trial.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.


§ 2.02. EXCEPTION. (a) An exception to an offense in
this code is so labeled by the phrase: "It is an exception to the
application of . . . ."
(b) The prosecuting attorney must negate the existence of an
exception in the accusation charging commission of the offense and
prove beyond a reasonable doubt that the defendant or defendant's
conduct does not fall within the exception.
(c) This section does not affect exceptions applicable to
offenses enacted prior to the effective date of this code.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.


§ 2.03. DEFENSE. (a) A defense to prosecution for an
offense in this code is so labeled by the phrase: "It is a defense
to prosecution . . . ."
(b) The prosecuting attorney is not required to negate the
existence of a defense in the accusation charging commission of the
offense.
(c) The issue of the existence of a defense is not submitted
to the jury unless evidence is admitted supporting the defense.
(d) If the issue of the existence of a defense is submitted
to the jury, the court shall charge that a reasonable doubt on the
issue requires that the defendant be acquitted.
(e) A ground of defense in a penal law that is not plainly
labeled in accordance with this chapter has the procedural and
evidentiary consequences of a defense.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.


§ 2.04. AFFIRMATIVE DEFENSE. (a) An affirmative
defense in this code is so labeled by the phrase: "It is an
affirmative defense to prosecution . . . ."
(b) The prosecuting attorney is not required to negate the
existence of an affirmative defense in the accusation charging
commission of the offense.
(c) The issue of the existence of an affirmative defense is
not submitted to the jury unless evidence is admitted supporting
the defense.
(d) If the issue of the existence of an affirmative defense
is submitted to the jury, the court shall charge that the defendant
must prove the affirmative defense by a preponderance of evidence.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.


§ 2.05. PRESUMPTION. When this code or another penal
law establishes a presumption with respect to any fact, it has the
following consequences:
(1) if there is sufficient evidence of the facts that
give rise to the presumption, the issue of the existence of the
presumed fact must be submitted to the jury, unless the court is
satisfied that the evidence as a whole clearly precludes a finding
beyond a reasonable doubt of the presumed fact; and
(2) if the existence of the presumed fact is submitted
to the jury, the court shall charge the jury, in terms of the
presumption and the specific element to which it applies, as
follows:
(A) that the facts giving rise to the presumption
must be proven beyond a reasonable doubt;
(B) that if such facts are proven beyond a
reasonable doubt the jury may find that the element of the offense
sought to be presumed exists, but it is not bound to so find;
(C) that even though the jury may find the
existence of such element, the state must prove beyond a reasonable
doubt each of the other elements of the offense charged; and
(D) if the jury has a reasonable doubt as to the
existence of a fact or facts giving rise to the presumption, the
presumption fails and the jury shall not consider the presumption
for any purpose.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 912, ch. 342, § 2, eff. Sept.
1, 1975; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.

PENAL CODE

TITLE 11. ORGANIZED CRIME

CHAPTER 71. ORGANIZED CRIME