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Tampering With A Governmental Document
Local Government SeminarJanuary 29, 2015
Presented by:Akilah Mance, Associate
Tampering With A Governmental Document
Texas Penal Code Sec. 37.10
Tampering With A Governmental Document
• (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;
Tampering With A Governmental Document
– (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;
Tampering With A Governmental Document
– (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.
Tampering With A Governmental Document
• What is a governmental record? (Texas Penal Code Sec. 37.01(2)– (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;
Tampering With A Governmental Document
– (C) a license, certificate, permit, seal, title, letter of patent, or similar document issued by government, by another state, or by the United States.
Tampering With A Governmental Document
• State and/or Federal prosecution can be brought for this conduct.
• Class A Misdemeanor • 3rd Degree Felony IF the record is a license,
certificate, permit, seal, or title
Tampering With A Governmental Document
–ALL offenses can be upgraded one punishment level IF • it is shown at trial that the actor intended to defraud or harm another
Tampering With A Governmental Document
– Intent is presumed if illegal action is taken with respect to two or more of the same type of record AND if each record is a license, certificate, permit, seal, title or similar document issued by government
Tampering With A Governmental Document
• WHAT NOT TO DO!– Coerce or offer benefits to prospective witnesses in an
effort to influence their testimony in an official proceeding regarding the document.• TAMPERING WITH A WITNESS
– Section 36.05 Texas Penal Code– 3rd Degree felony OR the highest degree charged if a criminal case is
involved
Tampering With A Governmental Document
• WHAT NOT TO DO!– Alter, destroy or conceal the records or make the records
unreadable.• TAMPERING WITH EVIDENCE
– Section 37.09 Texas Penal Code– 3rd Degree Felony
Tampering With A Governmental Document
• WHAT NOT TO DO!–Make a false statement under oath about the records.• PERJURY
– Section 37.02 Texas Penal Code– Class A Misdemeanor– 3rd Degree Felony: IF the statement is material & made in an official
proceeding
Tampering With A Governmental Document
• HYPOTHETICALS – Police Officer “A”
• Adds a few inaccurate details to his offense report to comply with Department policies on photo spreads.
– EMS Paramedic “B”• Changes a sentence in his records about a patient’s condition to avoid being called in
a malpractice suit.
– EDC Board Member “C”• Removes unfavorable financials from the final report submitted to city council in a
proposed development.
– Taskforce Officer “D”• Carries around notarized blank trespass affidavits to fill in and show troublemakers
at local businesses.
Tampering With A Governmental Document
Local Government SeminarJanuary 29, 2015
Presented by:Akilah Mance, Associate
