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(C) has been revoked; and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.