189, Sec. 4, eff. For more detailed codes research information, including annotations and citations, please visit Westlaw. (a) A person commits an offense if the person makes, presents, or uses any document or other record with: (1) knowledge that the document or other record is not a record of a court created under or established by the constitution or laws of this state or of the United States; and. 718, Sec. (4) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the governmental record is a written appraisal filed with an appraisal review board under Section 41.43(a-1), Tax Code, that was performed by a person who had a contingency interest in the outcome of the appraisal review board hearing. September 1, 2011. Sept. 1, 1994; Acts 1997, 75th Leg., ch. (c) An offense under this section is a Class B misdemeanor. Jan. 1, 1974. (3) "Port of entry" means a place designated by executive order of the president of the United States, by order of the United States secretary of the treasury, or by act of the United States Congress at which a customs officer is authorized to enforce customs laws. Acts 2017, 85th Leg., R.S., Ch. 3024), Sec. 399, Sec. September 1, 2019. Acts 1973, 63rd Leg., p. 883, ch. (3) "Statement" means any representation of fact. Sec. 1.01, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Amended by Acts 1987, 70th Leg., ch. 92 (S.B. 514, Sec. 37.11. Texas Penal Code Section 32.32. 73 (H.B. (6) possesses, sells, or offers to sell a governmental record or a blank governmental record form with knowledge that it was obtained unlawfully. 189, Sec. 1.01, eff. The law … 21, eff. (2) "Family member" means a person who is related to another person by consanguinity or affinity. (2) the intent that the document or other record be given the same legal effect as a record of a court created under or established by the constitution or laws of this state or of the United States. (3) a felony of the second degree, notwithstanding Subdivisions (1) and (2), if the actor's intent in committing the offense was to defraud or harm another. Acts 2007, 80th Leg., R.S., Ch. Texas Government Code 402.033. Article 59.01, Code of Criminal Procedure, Read this complete Texas Penal Code § 37.08. Sec. Acts 1973, 63rd Leg., p. 883, ch. Sec. FALSE REPORT REGARDING MISSING CHILD OR MISSING PERSON. 1.01, eff. False information and hoaxes § 1039. Like PC 148.4, a violation of this law can be charged as either a misdemeanor or a felony depending on the facts of the case. Penal Code 148.5 PC – California’s Falsely reporting a crime law is intended to criminalize civil abuse of a false report of a crime to a police officer 6. This guide points out the more common crimes, the statute numbers and the penalty classifications. Penal Code 148.5 PC – California’s Falsely reporting a crime law is intended to criminalize civil abuse of a false report of a crime to a police officer 6. (d) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. (2) An offense under this section is a felony of the third degree if it is shown on the trial of the offense that the governmental record was: (A) a public school record, report, or assessment instrument required under Chapter 39, Education Code, data reported for a school district or open-enrollment charter school to the Texas Education Agency through the Public Education Information Management System (PEIMS) described by Sections 48.008 and 48.009, Education Code, under a law or rule requiring that reporting, or a license, certificate, permit, seal, title, letter of patent, or similar document issued by government, by another state, or by the United States, unless the actor's intent is to defraud or harm another, in which event the offense is a felony of the second degree; (B) a written report of a medical, chemical, toxicological, ballistic, or other expert examination or test performed on physical evidence for the purpose of determining the connection or relevance of the evidence to a criminal action; (C) a written report of the certification, inspection, or maintenance record of an instrument, apparatus, implement, machine, or other similar device used in the course of an examination or test performed on physical evidence for the purpose of determining the connection or relevance of the evidence to a criminal action; or. 2005 Texas Penal Code CHAPTER 42. According to 42.06 of the Texas Penal Code, this offense is committed if a person knowingly initiates, communicates or circulates a report of a present, past or future bombing, fire, offense or other emergency that he or she knows is false or baseless and that would ordinarily: Sec. § 1035. (c) If conduct that constitutes an offense under this section also constitutes an offense under Section 32.48 or 37.10, the actor may be prosecuted under any of those sections. 93 terms. Tex. Download. Current as of: 2019 | Check for updates | Other versions. Texas Penal Code, Sec. Sec. (2) the person identified as a peace officer or reserve law enforcement officer by the item bearing the insignia was commissioned in that capacity when the item was made. Amended by Acts 1993, 73rd Leg., ch. September 1, 2019. FALSE ALARM OR REPORT. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Jan. 1, 1974. Sec. (a) A person commits an offense if he knowingly initiates, communicates or circulates a report of a present, past, or future bombing, fire, offense, or other emergency that he knows is false or baseless and that would ordinarily: 1, eff. 513 (S.B. September 1, 2019. (2) observes a human corpse under circumstances in which a reasonable person would believe that an offense had been committed, knows or reasonably should know that a law enforcement agency is not aware of the existence of or location of the corpse, and fails to report the existence of and location of the corpse to a law enforcement agency. Sec. False Report to Peace Officer. (3) An offense under this section is a Class C misdemeanor if it is shown on the trial of the offense that the governmental record is a governmental record that is required for enrollment of a student in a school district and was used by the actor to establish the residency of the student. (a) A person commits an offense if, with intent to deceive and with knowledge of the statement's meaning: (1) he makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath; or. Any person who makes a false report of emergency with knowledge that the report is false can be charged with the offense under Caifornia Penal Code 148.3. Penal Code (CHAPTER 224) (Original Enactment: Ordinance 4 of 1871) REVISED EDITION 2008 (30th November 2008) ... Report Vulnerability June 13, 2001; Acts 2003, 78th Leg., ch. FALSE ALARM OR REPORT. Texas Penal Code 37.08 – False Report to Peace Officer, Federal Special Investigator, Law Enforcement Employee, Corrections Officer, or Jailer. OFFENSES AGAINST PUBLIC ADMINISTRATION, CHAPTER 37. Under Section 261.101 of the Texas Family Code, persons are required to report if they have cause to believe that a child’s physical or mental health or welfare is being or has been adversely affected by abuse or neglect.The report is to happen immediately (or within 48 hours if the reporting person is a professional). Sec. (a) In this section: (1) "Child" means a person younger than 18 years of age. False Alarm or Report on Westlaw. 6, eff. Statutory Definition of Perjury: A person commits perjury if, with intent to deceive and with knowledge of the statement's meaning: He makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized … (a) A person commits an offense if, with intent to deceive, the person knowingly: (1) files a false report of a missing child or missing person with a law enforcement officer or agency; or. Entry by false pretenses to any real property, vessel, or aircraft of the United States or secure area of any airport or seaport § 1037. (c-1) It is a defense to prosecution under Subsection (a) or (d)(1) that the record, document, or thing was visual material prohibited under Section 43.261 that was destroyed as described by Subsection (f)(3)(B) of that section. September 1, 2007. 1, eff. 1.01, eff. September 1, 2009. FALSE ALARM OR REPORT. 37.08. Amended by Acts 1993, 73rd Leg., ch. September 1, 2015. Penal Code 148.5 PC is the California statute that makes it illegal to make a false police report of a crime. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 42.06. An offense under Subsection (d)(2) is a Class A misdemeanor. Internet Explorer 11 is no longer supported. (e) An offense under this section is a Class B misdemeanor. Misdemeanors are crimes that can be punished by up to a year in county jail. 1, eff. 900, Sec. 513 (S.B. Acts 2007, 80th Leg., R.S., Ch. May 21, 1997. Penal Code §12.425(b)] (cont.) 982 (H.B. 1, eff. 5.2 Making a false police report of a crime – PC 148.5. (a) For purposes of this section, "child custody determination" has the meaning assigned by Section 152.102, Family Code. Texas Penal Code § 37.08 False Report To Peace Officer, Federal Special Investigator, Or Law Enforcement Employee. Sept. 1, 1994. 644), Sec. Acts 2011, 82nd Leg., R.S., Ch. PENAL CODE 8 PC | False Report. 1, eff. Section 37.08 - False Report To Peace Officer, Federal Special Investigator, Law Enforcement Employee, Corrections Officer, Or Jailer (a) A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to: PDF. September 1, 2007. (a) A statement is material, regardless of the admissibility of the statement under the rules of evidence, if it could have affected the course or outcome of the official proceeding. Sec. 1364 (H.B. Sec. Sec. FALSE STATEMENT REGARDING CHILD CUSTODY DETERMINATION MADE IN FOREIGN COUNTRY. (b) It is an exception to the application of Subsection (a)(3) that the governmental record is destroyed pursuant to legal authorization or transferred under Section 441.204, Government Code. 1, eff. TEXAS PENAL CODE Offense Grade Enhancement State Jail Felony [Tex. We recommend using Texas Traffic Code. Acts 1973, 63rd Leg., p. 883, ch. For purposes of this subsection, intentionally or knowingly misrepresenting an object as property belonging to a law enforcement agency includes intentionally or knowingly displaying an item bearing an insignia of a law enforcement agency in a manner that would lead a reasonable person to interpret the item as property belonging to a law enforcement agency. AGGRAVATED PERJURY. (c) An offense under this section is a Class B misdemeanor. 1490), Sec. An offense under Subsection (a)(2) or (a)(3) is a Class A misdemeanor, unless the person commits the offense with the intent to defraud or harm another, in which event the offense is a state jail felony. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. (b) An offense under this section is a Class C misdemeanor. 5.3 False … September 1, 2011. Simply lying to the police is often enough to get charged, and depending on the reason for the lie you may be charged with many other ancillary crimes. 189, Sec. Texas Penal Code § 37.08. (i) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the state Medicaid program. 37.082. Robert's investigation by causing appellant to confess to murder. Filing a false report under Section 37.08 is a Class B Misdemeanor, punishable by up to 180 days in jail and a fine up to $2,000. (c-1) For purposes of this section, an item bearing an insignia of a law enforcement agency includes an item that contains the word "police," "sheriff," "constable," or "trooper.". 243 (S.B. 3, eff. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. Under Sec. 3423), Sec. (a) A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to: (1) a peace officer or federal special investigator conducting the investigation; (2) any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation;  or. Sept. 1, 1994; Acts 2001, 77th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. Sec. 46 This conduct violates section 37.09. (c) Whether a statement is material in a given factual situation is a question of law. September 1, 2009. May 21, 1997. 37.12. 2, eff. Penal Code (CHAPTER 224) (Original Enactment: Ordinance 4 of 1871) REVISED EDITION 2008 (30th November 2008) ... Report Vulnerability Amended by Acts 1991, 72nd Leg., ch. 2, eff. 1075, Sec. According to 42.06 of the Texas Penal Code, this offense is committed if a person knowingly initiates, communicates or circulates a report of a present, past or future bombing, fire, offense or other emergency that he or she knows is false or baseless and that would ordinarily: Sec. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. September 1, 2007. 37.04. 1813), Sec. Sec. 1, eff. Section 37.10 - Tampering With Governmental Record. Under California law, a conviction can land you in a county jail for up to six months, in addition to fines, possible probation, counseling, and/or community service. 16.004, eff. Original Source: Texas Legislature Online, § 42.06 — False Alarm or Report, http://www.­statutes.­legis.­state.­tx.­us/Docs/PE/htm/PE.­42.­htm#42.­06 (last ac­cessed Mar. 37.08. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. False information and hoaxes § 1039. View Texas Government Code 402.033. Sept. 1, 1983. 37.06. (d) A person commits an offense if the person intentionally or knowingly misrepresents an object, including a vehicle, as property belonging to a law enforcement agency. Most jurisdictions (California Penal Code Section 148.5, for example) charge an individual who knowingly files a false police report with a misdemeanor. Added by Acts 1997, 75th Leg., ch. Texas Traffic Code. May 21, 1997; Acts 1997, 75th Leg., ch. FALSE REPORT TO PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, OR LAW ENFORCEMENT EMPLOYEE. FALSE ALARM OR REPORT. (f) It is a defense to prosecution under Subsection (a)(1), (a)(2), or (a)(5) that the false entry or false information could have no effect on the government's purpose for requiring the governmental record. Section 37.08 of the Texas Penal Code provides: (a) A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to: According to Texas Penal Code 37.02, perjury occurs when a person, with intent to deceive and knowledge of the statement’s meaning: Makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required to be made under oath; or Texas Penal Code, Section 37.08 - False Report to Peace Officer or Law Enforcement Employee CHAPTER 37. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 405), Sec. Learn more. 900, Sec. Amended by Acts 1993, 73rd Leg., ch. You may be committing fraud if you: Start work and do not accurately report your work and work hours when you request benefit payment. June 18, 2005. IRREGULARITIES NO DEFENSE. 42.06. (d) An offense under this section, if it is shown on the trial of the offense that the governmental record is described by Section 37.01(2)(D), is: (1) a Class B misdemeanor if the offense is committed under Subsection (a)(2) or Subsection (a)(5) and the defendant is convicted of presenting or using the record; (2) a felony of the third degree if the offense is committed under: (A) Subsection (a)(1), (3), (4), or (6); or, (B) Subsection (a)(2) or (5) and the defendant is convicted of making the record; and. Penal Code Section 42.06 provides that “a person commits an offense if he knowingly initiates, communicates or circulates a report of a present, past, or future bombing, fire, offense, or other emergency that he knows is false or baseless.” A false report made to a college or university is a state jail felony. 103 terms. What Do I Do if Someone Has Made a False Report to CPS About Me? 37.14. Microsoft Edge. 4, 2021). FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 565, Sec. 200, Sec. 4, eff. (b) A person commits an offense if the person, with intent to commit an offense under Section 20A.02, knowingly misrepresents a child as a family member of the person to a peace officer or federal special investigator at a port of entry. Establishes an avenue for reporting suspected mortgage fraud to an authorized governmental agency. Texas Penal CodeSec.§37.08False Report to Peace Officer, Federal Special Investigator, Law Enforcement Employee, Corrections Officer, or Jailer. 399, Sec. (a) It is no defense to prosecution under Section 37.02 (Perjury) or 37.03 (Aggravated Perjury) that the oath was administered or taken in an irregular manner, or that there was some irregularity in the appointment or qualification of the person who administered the oath. Acts 2013, 83rd Leg., R.S., Ch. 42.06. Texas Penal Code § 42.06 False Alarm Or Report; Texas Penal Code § 42.06 False Alarm Or Report. Penal Code 148.5 PC is the California statute that makes it illegal to make a false police report of a crime.The report could be of a misdemeanor or a felony offense. 1, eff. (b) An offense under this section is a Class A misdemeanor, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted under this section on two or more occasions. 407), Sec. (b) In this section, "law enforcement agency" has the meaning assigned by Article 59.01, Code of Criminal Procedure. See Texas Penal Code 1.07 5, eff. 37.08. False statements relating to health care matters § 1036. DISORDERLY CONDUCT AND RELATED OFFENSES. Read this complete Texas Penal Code § 42.06. 872), Sec. IMPERSONATING PUBLIC SERVANT. (j) It is not a defense to prosecution under Subsection (a)(2) that the record, document, or thing made, presented, or used displays or contains the statement "NOT A GOVERNMENT DOCUMENT" or another substantially similar statement intended to alert a person to the falsity of the record, document, or thing, unless the record, document, or thing displays the statement diagonally printed clearly and indelibly on both the front and back of the record, document, or thing in solid red capital letters at least one-fourth inch in height. 3, eff. 1284, Sec. 900, Sec. Acts 2019, 86th Leg., R.S., Ch. CHAPTER 42. Entry by false pretenses to any real property, vessel, or aircraft of the United States or secure area of any airport or seaport § 1037. FALSE REPORT REGARDING MISSING CHILD OR MISSING PERSON. Selected Felony Offenses in the Texas Penal Code. 1130 (H.B. Penal Code Section 148.1 – False Bomb Reports PENAL CODE SECTION 148.1(a) & (b) – FALSE BOMB REPORT TO PEACE OFFICER OR DESIGNATED INDIVIDUAL Pursuant to Penal Code Sections 148.1(a) & (b), the prosecution must prove the following elements beyond a reasonable doubt: The defendant reported … PENAL CODE SECTION 148.1(a) & (b) – FALSE BOMB REPORT TO PEACE OFFICER OR DESIGNATED INDIVIDUAL. 3), Sec. (2) he makes a false unsworn declaration under Chapter 132, Civil Practice and Remedies Code. (a) A person commits an offense if, with intent to deceive, the person knowingly: (1) files a false report of a missing child or missing person with a law enforcement officer or agency; or . 1248, Sec. (d) A person commits an offense if the person: (1) knowing that an offense has been committed, alters, destroys, or conceals any record, document, or thing with intent to impair its verity, legibility, or availability as evidence in any subsequent investigation of or official proceeding related to the offense; or. Legal Defenses Lack of knowledge: As one of the elements of the offense is that the defendant have knowledge of the falsity of the report, if the defendant …