Texas Penal Code 32.54 – Fraudulent or Fictitious Military Record
WHAT IS FRAUDULENT OR FICTITIOUS MILITARY RECORD IN TEXAS?
The Texas law against fraudulent or fictitious military record prohibits using or presenting a false military record for any benefit exclusively intended for current or former military personnel.
WHAT IS THE FRAUDULENT OR FICTITIOUS MILITARY RECORD LAW IN TEXAS?
Tex. Penal Code § 32.54. FRAUDULENT OR FICTITIOUS MILITARY RECORD.
(b) A person commits an offense if the person:
(1) uses or claims to hold a military record that the person knows:
(A) is fraudulent;
(B) is fictitious or has otherwise not been granted or assigned to the person; or
(C) has been revoked; and
(2) uses or claims to hold that military record:
(A) in a written or oral advertisement or other promotion of a business; or
(B) with the intent to:
(i) obtain priority in receiving services or resources under Subchapter G, Chapter 302, Labor Code;
(ii) qualify for a veteran’s employment preference under Chapter 657, Government Code;
(iii) obtain a license or certificate to practice a trade, profession, or occupation;
(iv) obtain a promotion, compensation, or other benefit, or an increase in compensation or other benefit, in employment or in the practice of a trade, profession, or occupation;
(v) obtain a benefit, service, or donation from another person;
(vi) obtain admission to an educational program in this state; or
(vii) gain a position in state government with authority over another person, regardless of whether the actor receives compensation for the position.
(c) An offense under this section is a Class B misdemeanor.
(d) 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 FRAUDULENT OR FICTITIOUS MILITARY RECORD IN TEXAS?
Using a fraudulent or fictitious military record is a Class B misdemeanor, punishable by up to 180 days in county jail.
WHAT IS THE PUNISHMENT RANGE FOR FRAUDULENT OR FICTITIOUS MILITARY RECORD IN TEXAS?
The punishment range for using a fraudulent or fictitious military record, a Class B misdemeanor, is up to 180 days in jail, and a maximum $2,000 fine.
WHAT ARE THE PENALTIES FOR FRAUDULENT OR FICTITIOUS MILITARY RECORD IN TEXAS?
A person charged with fraudulent or fictitious military record may be eligible for probation after a conviction, or deferred adjudication without a conviction, for a period of up to two years.
WHAT ARE THE DEFENSES TO FRAUDULENT OR FICTITIOUS MILITARY RECORD IN TEXAS?
The statute does not authorize specific defenses to fraudulent or fictitious military record. A person accused thereof may attempt to negate at least one of the elements the State must prove at trial.
WHAT IS THE STATUTE OF LIMITATIONS FOR FRAUDULENT OR FICTITIOUS MILITARY RECORD IN TEXAS?
The limitation period for fraudulent or fictitious military record is two years.
FRAUDULENT OR FICTITIOUS MILITARY RECORD IN TEXAS
Falsely claiming to have served in the military by presenting a fake record thereof in exchange for a benefit is punishable as a misdemeanor in Texas.
TEXAS FRAUDULENT OR FICTITIOUS MILITARY RECORD COURT CASES
There are no Texas appellate court cases regarding fraudulent or fictitious military record, but the United States Supreme Court declared the Stolen Valor Act, a similar federal law, unconstitutional.
- In United States v. Alvarez, the defendant was convicted in federal court under the Stolen Valor Act. He introduced himself at a public meeting as a retired marine of 25 years, and claimed to have been awarded the Congressional Medal of Honor. The U.S. Supreme Court held the federal law is an overbroad restriction on speech, and the interests of military honorees can be protected by less restrictive, narrowly-tailored statutes. Punishing false statements is permissible, but this law could have a chilling effect on all speech.
Glowing Client Reviews
Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!
I recently hired Trey Porter Law to help our teenage daughter with a drug charge. In the state of Texas she was being charged as an adult which carried a much stiffer penalty. Trey is very responsive, helpful, knowledgeable and is always available to answer any questions or concerns via phone, text or email. He was able to negotiate on her behalf so it was a pleasant experience. I would highly recommend Trey Porter Law.
Trey really helped me out. He was straight forward and professional, and really helped me in my case. I thought i was going to lose my job, but trey did everything in his power to help me keep my way of life, and still keeps up with me any details on my case.
I really appreciated all he did for me.
Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients.
He made himself available and answered all my concerns immediately! I had faith in him and he continued to prove his expertise by helping me. I highly recommend Trey Porter!!
Trey Porter fought for me! I am a nurse and thought my career was over.
Very thankful I got Trey Porter involved. He responds to messages regularly and was very thorough.
He saved my career. Forever grateful!
Mr Porter is the real deal. You get what you pay for these days. I know that from my personal business dealings. Attorney Trey Porter was no different.
He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.
WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
Contact Trey Porter Today
Request a free consultation
The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.
If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.