PC CH 37 PERJURY AND OTHER FALSIFICATION
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A person commits what 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.

  • False statement in court
  • Perjury (correct)
  • Contempt
  • Lying under oath

    • "___________" 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 (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.

  • Court record (correct)
  • Governmental record
  • Official record
  • judicial record

    • What offense is committed if a person, 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 or federal special investigator conducting the investigation; (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; or (3) a corrections officer or jailer?

  • false report to peace officer, federal agent, law enforcement employee, corrections officer, or jailer.
  • False report to police officer, federal special investigator, law enforcement, corrections officer, or jailer.
  • False report to peace officer, federal special investigator, law enforcement employee, corrections officer, or jailer. (correct)
  • false report to police officer, federal agent, law enforcement employee, corrections officer, or jailer.

    • A statement is material if?

    <p>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.</p> Signup and view all the answers

    An offense under perjury is punishable under what penalty?

    <p>Class A misdemeanor</p> Signup and view all the answers

    "____________" Means any representation of fact.

    <p>Statement</p> Signup and view all the answers

    Is it a defense to prosecution under aggravated perjury that the declarant mistakenly believed the statement to be immaterial?

    <p>No</p> Signup and view all the answers

    A person commits what offense if he knowing that an investigation or official proceeding is pending or in progress, he 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?

    <p>Tampering with or fabricating physical evidence.</p> Signup and view all the answers

    A person commits what offense if he (1) impersonates a public servant with intent to induce another to submit to the person's pretended official authority or to rely on the person's pretended official acts; or (2) knowingly purports to exercise, without legal authority, any function of a public servant or of a public office, including that of a judge and court.

    <p>Impersonating public servant</p> Signup and view all the answers

    The offense False report to peace officer, federal special investigator, law enforcement employee, corrections officer, or jailer is punishable by what offense?

    <p>Class B misdemeanor</p> Signup and view all the answers

    "____________" 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.(D) a standard proof of motor vehicle liability insurance (E) an official ballot or other election record; (F) the written documentation a mobile food unit is required to obtain(G) a temporary tag issued under Chapter 502 or 503, Transportation Code.

    <p>Governmental record</p> Signup and view all the answers

    A person commits what offense if he 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.

    <p>Tampering with or fabricating physical evidence</p> Signup and view all the answers

    A person commits what 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.

    <p>Tampering with governmental record</p> Signup and view all the answers

    The offense Impersonating public servant is punishable by what penalty?

    <p>Felony of the third degree</p> Signup and view all the answers

    A person commits what offense if he 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.

    <p>False report regarding missing child or missing person</p> Signup and view all the answers

    With regards to the offense Tampering with governmental record, if the actor knowingly makes a false entry in, or false alteration of, a governmental record it is punishable by what penalty?

    <p>Class A misdemeanor</p> Signup and view all the answers

    With regards to the offense Tampering with governmental record, if the actor knowingly makes a false entry in, or false alteration of, a governmental record with the intent to defraud or harm another. The punishment is what penalty?

    <p>State jail felony</p> Signup and view all the answers

    A person commits what 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

    <p>Aggravated perjury</p> Signup and view all the answers

    The offense Tampering with or fabricating physical evidence is punishable by what penalty?

    <p>Felony of the third degree</p> Signup and view all the answers

    A person commits what offense if they observe a human corpse 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 corpse, and fails to report the existence of and location of the corpse to a law enforcement agency.

    <p>Tampering with or fabricating physical evidence</p> Signup and view all the answers

    A person commits what offense if (1) the person makes, provides to another person, or possesses a card, document, badge, insignia, shoulder emblem, or other item, including a vehicle, 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.

    <p>False identification as peace officer; misrepresentation of property</p> Signup and view all the answers

    Under the offense Tampering with governmental record if it is shown on trial that the record was under the jurisdiction of the Public Education Information Management System (PEIMS) the punishment for the penalty is what?

    <p>Felony of the Third degree</p> Signup and view all the answers

    Under the offense Tampering with or fabricating physical evidence if the thing altered, destroyed, or concealed is a human corpse, what is the penalty given?

    <p>Felony of the second degree</p> Signup and view all the answers

    Is it a defense to prosecution under false identification as peace officer; misrepresentation of property 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; or (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?

    <p>Yes</p> Signup and view all the answers

    While Tampering with a governmental record that is under the jurisdiction of the Public Education Information Management System (PEIMS) with the intent to defraud or harm another, what is the penalty given?

    <p>Felony of the second degree</p> Signup and view all the answers

    True or False: It is no defense to prosecution under tampering with or fabricating evidence that the record, document, or thing was electronic transmission of certain visual material depicting a minor if it was destroyed within a reasonable amount of time after receiving the material from another minor.

    <p>False</p> Signup and view all the answers

    Aggravated perjury is punishable by what penalty?

    <p>Felony of the third degree</p> Signup and view all the answers

    Under tampering with a governmental record if it was shown that the record was a written report of a medical, chemical, toxicological, ballistic, or other expert examination or test performed on physical evidence for the purpose of determining the connection or relevance of the evidence to a criminal action. What is the penalty given?

    <p>Felony of the Third degree</p> Signup and view all the answers

    A person who is charged with tampering with or fabricating evidence due to them observing a human corpse and not reporting it to a law enforcement agency will be given what penalty?

    <p>Class A misdemeanor</p> Signup and view all the answers

    Under tampering with a governmental record if it was shown that the record was a written report of the certification, inspection, or maintenance record of an instrument, apparatus, implement, machine, or other similar device used in the course of an examination or test performed on physical evidence for the purpose of determining the connection or relevance of the evidence to a criminal action. What is the penalty given?

    <p>Felony of the Third degree</p> Signup and view all the answers

    What penalty is given for the offense False report regarding missing child or missing person?

    <p>Class C misdemeanor</p> Signup and view all the answers

    Under tampering with a governmental record if it was shown that the record was a search warrant issued by a magistrate. What penalty is given?

    <p>Felony of the third degree</p> Signup and view all the answers

    A person commits what offense if the person intentionally or knowingly misrepresents an object, including a vehicle, as property belonging to a law enforcement agency. For purposes of this subsection, intentionally or knowingly misrepresenting an object as property belonging to a law enforcement agency includes intentionally or knowingly displaying an item bearing an insignia of a law enforcement agency in a manner that would lead a reasonable person to interpret the item as property belonging to a law enforcement agency?

    <p>FALSE IDENTIFICATION AS PEACE OFFICER; MISREPRESENTATION OF PROPERTY.</p> Signup and view all the answers

    What penalty is given if it is shown on the trial of the offense that the governmental record is a record that is required for enrollment of a student in a school district and was used by the actor to establish the residency of the student?

    <p>Class C misdemeanor</p> Signup and view all the answers

    What penalty is given for the offense false identification as peace officer; misrepresentation of property?

    <p>Class B misdemeanor</p> Signup and view all the answers

    Does the section tampering with or fabricating physical evidence apply if the record, document, or thing concealed is privileged or is the work product of the parties to the investigation or official proceeding?

    <p>No</p> Signup and view all the answers

    Under the offense tampering with governmental record what penalty is given if it is shown on the trial of the offense that the governmental record is a written appraisal filed with an appraisal review board under Section 41.43(a-1) (PROTEST OF DETERMINATION OF VALUE OR INEQUALITY OF APPRAISAL.) Tax Code, that was performed by a person who had a contingency interest in the outcome of the appraisal review board hearing?

    <p>Class B misdemeanor</p> Signup and view all the answers

    Is it a defense to prosecution under tampering with governmental record that the false entry or false information could have no effect on the government's purpose for requiring the governmental record?

    <p>Yes</p> Signup and view all the answers

    Under tampering with governmental record what penalty is given if the governmental record is an application for a place on the ballot and the actor knowingly provides false information?

    <p>Class B misdemeanor</p> Signup and view all the answers

    Under tampering with governmental record is it an affirmative defense to prosecution that the possession of the record occurred in the actual discharge of official duties?

    <p>Yes</p> Signup and view all the answers

    what is the penalty given for the offense tampering with governmental record if the offense is committed under: (A) (a)(1) knowingly makes a false entry in, or false alteration of, a 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, or (6) possesses, sells, or offers to sell a governmental record or a blank governmental record form with knowledge that it was obtained unlawfully. or (B) (a)(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 or (5) makes, presents, or uses a governmental record with knowledge of its falsity and the defendant is convicted of making the record?

    <p>Felony if the third degree</p> Signup and view all the answers

    in regards to tampering with governmental record, what penalty is given if the offense is committed under Subsection (a)(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) or Subsection (a)(5) makes, presents, or uses a governmental record with knowledge of its falsity) and the defendant is convicted of presenting or using the record?

    <p>Class B misdemeanor</p> Signup and view all the answers

    In regards to tampering with governmental record what penalty is given if the actor's intent in committing the offense was to defraud or harm another?

    <p>Felony of the second degree</p> Signup and view all the answers

    What are the parameters a statement must meet for it to be used as a defense to prosecution under tampering with governmental record?

    <p>the record, document, or thing displays the statement diagonally printed clearly and indelibly on both the front and back of the record, document, or thing in solid red capital letters at least one-fourth inch in height.</p> Signup and view all the answers

    what is the penalty given if the governmental record is an application for a place on the ballot and the actor knowingly provides false information?

    <p>Class B misdemeanor</p> Signup and view all the answers

    In regards to tampering with governmental records what is the penalty given if the governmental record is a temporary tag issued under Chapter 502 or 503, Transportation Code?

    <p>Class A misdemeanor</p> Signup and view all the answers

    When is it presumed that a person intends to defraud or harm another?

    <p>If the person uses two or more of the same governmental records and if the records are a license, certificate, permit, seal, title, or similar document issued by government.</p> Signup and view all the answers

    Study Notes

    • A person commits an offense if they make a false statement with intent to deceive, and the statement is:
      • Made 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
      • A false unsworn declaration under Chapter 132, Civil Practice and Remedies Code

    Definition of "Record"

    • "Record" means:
      • A decree, judgment, order, subpoena, warrant, minutes, or other document issued by a court
      • A document or thing belonging to, received by, or kept by government for information
      • A license, certificate, permit, seal, title, letter of patent, or similar document issued by government
      • An official ballot or other election record
      • A written documentation a mobile food unit is required to obtain
      • A temporary tag issued under Chapter 502 or 503, Transportation Code

    Perjury

    • A person commits an offense if they make a false statement with intent to deceive, and the statement is material to a criminal investigation
    • A statement is material if it has a natural tendency to influence, or is capable of influencing, the outcome of the investigation
    • Perjury is punishable by a felony of the third degree

    Aggravated Perjury

    • A person commits an offense if they commit perjury, and the false statement is:
      • Made during or in connection with an official proceeding
      • Material
    • Aggravated perjury is punishable by a felony of the second degree

    Tampering with Governmental Record

    • A person commits an offense if they:
      • Knowingly make a false entry in, or false alteration of, a governmental record
      • Make, present, or use a record, document, or thing with knowledge of its falsity and with intent that it be taken as a genuine governmental record
      • Intentionally destroy, conceal, remove, or otherwise impair the verity, legibility, or availability of a governmental record
      • Possess, sell, or offer to sell a governmental record or a blank governmental record form with intent that it be used unlawfully, or with knowledge that it was obtained unlawfully
    • The penalty for tampering with a governmental record varies depending on the circumstances, including:
      • If the record is a written report of a medical, chemical, toxicological, ballistic, or other expert examination or test performed on physical evidence, the penalty is a felony of the third degree
      • If the record is a written report of the certification, inspection, or maintenance record of an instrument, apparatus, implement, machine, or other similar device used in the course of an examination or test performed on physical evidence, the penalty is a felony of the third degree
      • If the record is a search warrant issued by a magistrate, the penalty is a felony of the third degree
      • If the record is an application for a place on the ballot and the actor knowingly provides false information, the penalty is a felony of the second degree
      • If the record is a temporary tag issued under Chapter 502 or 503, Transportation Code, the penalty is a felony of the third degree
      • If the actor's intent in committing the offense was to defraud or harm another, the penalty is a felony of the second degree
      • If the record is used to establish the residency of a student in a school district, the penalty is a felony of the second degree

    False Identification as Peace Officer; Misrepresentation of Property

    • A person commits an offense if they:
      • Make, provide, or possess 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
      • Knowingly misrepresent an object as property belonging to a law enforcement agency
    • The penalty for false identification as a peace officer is a felony of the third degree

    Impersonating Public Servant

    • A person commits an offense if they:
      • Impersonate a public servant with intent to induce another to submit to the person's pretended official authority or to rely on the person's pretended official acts
      • Knowingly purport to exercise, without legal authority, any function of a public servant or of a public office
    • The penalty for impersonating a public servant is a felony of the third degree

    Tampering with or Fabricating Physical Evidence

    • A person commits an offense if they:
      • Alter, destroy, or conceal any record, document, or thing with intent to impair its verity, legibility, or availability as evidence in an investigation or official proceeding
      • Make, present, or use a record, document, or thing with knowledge of its falsity and with intent that it be taken as a genuine governmental record
    • The penalty for tampering with or fabricating physical evidence varies depending on the circumstances, including:
      • If the thing altered, destroyed, or concealed is a human corpse, the penalty is a felony of the first degree
      • If the record, document, or thing is electronic transmission of certain visual material depicting a minor, the penalty is a felony of the second degree

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