Texas Penal Code 32.21 – Forgery

WHAT IS FORGERY IN TEXAS?

The Texas law against forgery prohibits falsifying documents, money, licenses, checks, stamps, credit cards, and any other writing or commercial instrument with the intent that they be taken as genuine. The forgery law further prohibits issuing, transferring, publishing, passing, or otherwise uttering a forged document, or possessing a forged document with intent to utter it.

WHAT IS THE FORGERY LAW IN TEXAS?

Tex. Penal Code § 32.21. FORGERY.

(b) A person commits an offense if he forges a writing with intent to defraud or harm another.

(c) Except as provided by Subsections (d), (e), and (e-1), an offense under this section is a Class A misdemeanor.

(d) Subject to Subsection (e-1), an offense under this section is a state jail felony if the writing is or purports to be a will, codicil, deed, deed of trust, mortgage, security instrument, security agreement, credit card, check, authorization to debit an account at a financial institution, or similar sight order for payment of money, contract, release, or other commercial instrument.

(e) Subject to Subsection (e-1), an offense under this section is a felony of the third degree if the writing is or purports to be:

(1) part of an issue of money, securities, postage or revenue stamps;

(2) a government record; or

(3) other instruments issued by a state or national government or by a subdivision of either, or part of an issue of stock, bonds, or other instruments representing interests in or claims against another person.

(e-1) If it is shown on the trial of an offense under this section that the actor engaged in the conduct to obtain or attempt to obtain a property or service, an offense under this section is:

(1) a Class C misdemeanor if the value of the property or service is less than $100;

(2) a Class B misdemeanor if the value of the property or service is $100 or more but less than $750;

(3) a Class A misdemeanor if the value of the property or service is $750 or more but less than $2,500;

(4) a state jail felony if the value of the property or service is $2,500 or more but less than $30,000;

(5) a felony of the third degree if the value of the property or service is $30,000 or more but less than $150,000;

(6) a felony of the second degree if the value of the property or service is $150,000 or more but less than $300,000; and

(7) a felony of the first degree if the value of the property or service is $300,000 or more.

(e-2) Notwithstanding any other provision of this section, an offense under this section, other than an offense described for purposes of punishment by Subsection (e-1)(7), is increased to the next higher category of offense if it is shown on the trial of the offense that the offense was committed against an elderly individual as defined by Section 22.04.

(f) A person is presumed to intend to defraud or harm another if the person acts with respect to two or more writings of the same type and if each writing is a government record.

(g) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.

WHAT IS THE PENALTY CLASS FOR FORGERY IN TEXAS?

The penalty classification for forgery depends on the type of writing forged, and the value of the property or service obtained or attempted to be obtained. It is categorized as follows:

• Class C misdemeanor, punishable by a fine of up to $500, if:
  • the value of the property or service is less than $100;
• Class B misdemeanor, punishable by up to 180 days in county jail, if:
  • the value of the property or service is $100 to $749;
• Class A misdemeanor, punishable by up to one year in county jail, if:
  • the value of the property or service is $750 to $2,499;
• State jail felony, punishable by 180 days to two years in a state jail facility, if:
  • the value of the property or service is $2,500 to $29,999; or
  • the forged writing is or purports to be a:
    • will or codicil;
    • deed, deed of trust, or mortgage;
    • security instrument, security agreement, credit card, check, authorization to debit an account at a financial institution, or similar sight order for payment of money; or
    • contract, release, or other commercial instrument.
• Third degree felony, punishable by two to ten years in prison, if:
  • the value of the property or service is $30,000 to $149,999; or
  • the forged writing is or purports to be:
    • part of an issue of money, securities, postage, or revenue stamps;
    • a government record, such as a license;
    • any other instrument issued by a state or national government, or by a subdivision thereof, or part of an issue of stock, bonds, or other instruments representing interests in or claims against another.
• Second degree felony, punishable by two to 20 years in prison, if:
  • the value of the property or service is $150,000 to $299,999;
• First degree felony, punishable by five to 99 years in prison, if:
  • the value of the property or service is $300,000 or more.

If the victim is an elderly individual over 65 years of age, the offense is increased to the next highest category. If the value of the property or service is over $300,000, the offense remains a first degree felony.

WHAT IS THE PUNISHMENT RANGE FOR FORGERY IN TEXAS?

The punishment range for forgery increases depending on the type of document forged, or the value of the property or service obtained or attempted to obtain:

• Class C misdemeanor, if the value is less than $100:
  • maximum fine of $500, no jail time;
• Class B misdemeanor, if the value is $100 or more but less than $750:
  • up to 180 days in jail, maximum fine of $2,000;
• Class A misdemeanor, if the value is $750 or more but less than $2,500:
  • up to one year in jail, maximum fine of $4,000;
• State jail felony, if the value is $2,500 or more but less than $30,000, or is a particular forged writing:
  • 180 days to two years in a state jail facility, maximum fine of $10,000;
• Third degree felony, if the value is $30,000 or more but less than $150,000, or is a particular forged writing:
  • two to ten years in prison, maximum fine of $10,000;
• Second degree felony, if the value is $150,000 or more but less than $300,000:
  • two to 20 years in prison, maximum fine of $10,000;
• First degree felony, if the value is $300,000 or more:
  • five to 99 years or life in prison, maximum fine of $10,000.

WHAT ARE THE PENALTIES FOR FORGERY IN TEXAS?

A person charged with forgery may be eligible for probation after a conviction, or deferred adjudication without a conviction.

• What is the maximum length of probation for forgery in Texas? If a person is convicted of a Class C misdemeanor, the only punishment is a maximum fine of $500. A person may be placed on probation for up to two years if convicted of a Class A or Class B misdemeanor. For state jail felony and third degree felony forgery charges, the probation term may range from two to five years, and may not exceed ten years for second degree and first degree felonies.

• What is the maximum length of deferred adjudication for forgery in Texas? To avoid a conviction for forgery, a person may plead guilty or nolo contendere (“no contest”) to a judge, and be placed on deferred adjudication. The period of deferred adjudication may not exceed 180 days for a Class C misdemeanor, or two years for a Class A or Class B misdemeanor.

  The deferred adjudication term for a state jail felony is between two and five years, with the possibility of extending supervision up to ten years. The deferred adjudication term may not exceed ten years for first degree, second degree, and third degree felonies.

WHAT ARE THE DEFENSES TO FORGERY IN TEXAS?

The statute does not authorize specific defenses to forgery. A person accused thereof may assert any defense in an attempt to negate at least one of the elements the State must prove at trial. For example, an accused may argue he or she lacked the requisite intent to defraud or harm, or knowledge that the instrument was forged.

• What is “the intent to defraud or harm”? The intent to defraud or harm is not defined in the Penal Code, but is given its plain meaning, and may be inferred from the circumstances and common sense.

  In Hughes v. State, a defendant was charged with forgery after attempting to buy car parts from an undercover officer with a fake check. The account number and company name on the check did not exist, and the defendant used a fake name when arranging the purchase of the car parts. He also used a spoof cell phone number, and had other forged and blank checks in his car. The appellate court held this was enough to infer the defendant’s intent to harm or defraud.

  In Ramsey v. State, the defendant was convicted of forgery after cashing a check purportedly made out to him by his boss, but the signature varied from his boss’s real signature. He argued on appeal the State failed to show he intended to defraud or harm his boss. The Court of Criminal Appeals affirmed, and explained the intent to defraud or harm can be inferred from circumstantial evidence. The boss and his brother testified neither signed the check, that the defendant had not recently performed work for compensation, and had access to the checkbook.

• Can a person who did not make the forged writing be charged with forgery? Yes. In addition to making or altering writings, such as licenses, currency, credit cards, and legal documents, Texas law further defines “forge” as “to issue, transfer, register the transfer of, pass, public, or otherwise utter a writing that is forged.”

  To utter in this context means to offer, whether accepted or not, a forged instrument, with the representation that it is genuine. For example, a person who presents a fake ID to a police officer, regardless of whether the person made the fake license, may be charged with third degree felony forgery. Possessing a forged writing with the intent to utter it is also prohibited by the statute.

WHAT IS THE STATUTE OF LIMITATIONS FOR FORGERY IN TEXAS?

The limitation period for forgery chargeable as a Class A misdemeanor is two years. If the forgery is a felony, the limitation period is ten years.

FORGERY IN TEXAS

A person who passes, issues, utters, makes, alters, or possesses with intent to utter a forged writing with intent to defraud or harm another commits forgery in Texas. Depending on the type of forged writing, the offense may be categorized as a Class A misdemeanor, state jail felony, or third degree felony.

TEXAS FORGERY COURT CASES

The case law regarding forgery in Texas explains the types of writings encompassed by the statute.

• In State v. Allen, the defendant was charged with third degree felony forgery of a driver’s license. He argued his conduct should be punished as a Class A misdemeanor under Transportation Code Section 521.451, which criminalizes possessing a fictitious license. However, because the defendant was charged with passing, publishing, or otherwise uttering a Texas Driver license with intent to defraud or harm another, which differs from Section 521.451. And both the Penal Code and Transportation Code provisions contain subsections speaking to in-pari-materia disputes. He was correctly charged with forgery.
• In Shipp v. State, the defendant attempted to leave a Wal-Mart without paying for a computer. When an employee stopped him at the exit to check his receipt, he presented a forged receipt. He was convicted of forgery of a “commercial instrument,” which is a state jail felony.

  The defendant argued on appeal the forged receipt was not a commercial instrument, but the Court of Criminal Appeals upheld his conviction. The receipt was a document “of commerce and property transfer,” relating to the exchange of goods and services. It was, therefore, a commercial instrument in this case.