Questions and Answers
What is considered forgery under Texas Penal Code 32.21?
What does it mean to forge a writing?
To alter, make, complete, execute, or authenticate any writing so that it purports to be the act of another who did not authorize that act.
What actions are involved in trademark counterfeiting under Texas Penal Code 32.23?
Stealing an unsigned check is a Class A misdemeanor under Texas Penal Code 32.24.
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What constitutes credit card abuse under Texas Penal Code 32.31?
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What is involved in the issuance of a bad check under Texas Penal Code 32.41?
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Destruction or concealment of a will without intent to defraud is classified as a Class A felony.
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What is the penalty for simulating a legal process under Texas Penal Code 32.48?
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What does fraudulent use of identifying information involve?
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Study Notes
Forgery and Related Offenses
- 32.21 Forgery: Intentionally forges a writing intending to defraud another; classified as a State Jail Felony (SJF).
- Definition of Forging: Altering, making, completing, executing, or authenticating a writing to falsely represent it as the act of another individual who did not authorize it.
Trademark Counterfeiting
- 32.23 Trademark Counterfeiting: Involves intentionally manufacturing, advertising, or distributing counterfeit items or services marked as genuine; penalties are based on a value scale.
Stealing and Receiving Checks
- 32.24 Stealing or Receiving Check: Class A misdemeanor for stealing an unsigned check or similar order, or receiving it knowing it has been stolen; intent to use, sell, or transfer to another is required.
Credit Card or Debit Card Abuse
- 32.31 Abuse of Payment Cards: SJF offense for fraudulently presenting or using a credit or debit card with intent to benefit, knowing that the card is not issued to the claimant or is expired, revoked, or canceled.
Issuance of Bad Checks
- 32.41 Bad Check Issuance: Class C or B (for child support) for issuing a check while aware that insufficient funds exist in the bank to cover the check and other outstanding orders at the time of issuance.
Fraudulent Destruction of Writings
- 32.47 Fraudulent Writing Impairment: Class A or SJF if it involves a will or codicil; covers destroying, removing, concealing, or altering a writing with intent to defraud or harm another.
Simulating Legal Processes
- 32.48 Simulating Legal Documents: Class A or SJF for recklessly delivering documents that simulate legal processes (like summons or judgments) to induce payment or compliance from others.
Fraudulent Use of Identifying Information
- 32.51 Fraudulent Use or Possession: Engaging in fraudulent activities involving fewer than five items is considered SJF; possession of five or more items escalates to 3rd degree felony.
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Description
Test your knowledge of the Texas Penal Code with these flashcards focusing on sections 32.21 to 32.49. Each card presents a term and its legal definition, helping you understand key concepts such as forgery and trademark counterfeiting. Ideal for law students or anyone interested in Texas law.
