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Can you summarize Tex. Penal Section 32.46?
OTHER DECEPTIVE PRACTICES > FRAUDULENT SECURING OF DOCUMENT EXECUTION.
Short Summary
This section of the Texas Penal Code addresses the offense of fraudulent securing of document execution. It states that a person commits this offense if they cause another person, without their effective consent, to sign or execute any document affecting property or service or the pecuniary interest of any person. It also includes causing a public servant, without their effective consent, to file or record any purported judgment or other document that memorializes or evidences an act, order, directive, or process of a purported court, judicial entity, or judicial officer that is not expressly created or established under the constitution or laws of Texas or the United States. The offense is classified as a misdemeanor or felony, depending on the value of the property, service, or pecuniary interest involved. Additionally, if the offense is committed against an elderly individual or involves the state Medicaid program, the punishment is increased. The Attorney General has concurrent jurisdiction with the local prosecutor to prosecute offenses involving the state Medicaid program.
Whom does it apply to?
Any person who commits the offense
What does it govern?
Fraudulent securing of document execution
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
The penalties for an offense under Subsection (a)(1) range from a Class C misdemeanor to a felony of the first degree, depending on the value of the property, service, or pecuniary interest involved. An offense under Subsection (a)(2) is a state jail felony.
Jurisdiction
Texas