Tampering With A Governmental Document
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Tampering With A Governmental Document

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Tampering With A Governmental Document




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Presentation on theme: "Tampering With A Governmental Document"— Presentation transcript:

Slide1

Tampering With A Governmental Document

Local Government SeminarJanuary 29, 2015

Presented by:

Akilah

Mance

, Associate

Slide2

Tampering With A Governmental Document

Texas Penal Code Sec. 37.10

Slide3

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;

Slide4

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;

Slide5

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

.

Slide6

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;

Slide7

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.

Slide8

Tampering With A Governmental Document

State

and/or Federal prosecution can be brought for this conduct.

Class A Misdemeanor

3

rd

Degree Felony IF

the record is a license, certificate, permit, seal, or title

Slide9

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

Slide10

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

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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

3

rd

Degree felony OR the highest degree charged if a criminal case is

involved

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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

3

rd

Degree Felony

Slide13

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

3

rd

Degree Felony: IF the statement is material & made in an official proceeding

Slide14

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.

Slide15

Tampering With A Governmental Document

Local Government SeminarJanuary 29, 2015

Presented by:

Akilah

Mance

, Associate