Posted on 09/20/2004 4:29:08 PM PDT by The Finman
quote:
Sec. 37.10. TAMPERING WITH GOVERNMENTAL RECORD.
(a) A person commits an offense if he:
~ ~ (1) knowingly makes a false entry in, or false alteration of, a governmental record;
~ ~ (2) makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent that it be taken as a genuine governmental record;
~ ~ (3) intentionally destroys, conceals, removes, or otherwise impairs the verity, legibility, or availability of a governmental record;
~ ~ (4) possesses, sells, or offers to sell a governmental record or a blank governmental record form with intent that it be used unlawfully;
~ ~ (5) makes, presents, or uses a governmental record with knowledge of its falsity; or
~ ~ (6) possesses, sells, or offers to sell a governmental record or a blank governmental record form with knowledge that it was obtained unlawfully.
~ (b) It is an exception to the application of Subsection (a)(3) that the governmental record is destroyed pursuant to legal authorization. With regard to the destruction of a local government record, legal authorization includes compliance with the provisions of Subtitle C, Title 6, Local Government Code.
~ (c) Except as provided in Subsection (d), an offense under this section is a Class A misdemeanor unless the actor's intent is to defraud or harm another, in which event the offense is a state jail felony.
~ (d) [amended 5/21/97 & 9/1/97] 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 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.
~ (e) It is an affirmative defense to prosecution for possession under Subsection (a)(6) that the possession occurred in the actual discharge of official duties as a public servant.
~ (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.
~ (g) A person is presumed to intend to defraud or harm another if the person acts with respect to two or more of the same type of governmental records or blank governmental record forms and if each governmental record or blank governmental record form is a license, certificate, permit, seal, title, or similar document issued by government.
~ (h) [added 5/21/97] If conduct that constitutes an offense under this section also constitutes an offense under Section 32.48 or 37.13, the actor may be prosecuted under any of those sections.
Eff 5/21/97 inserted in (d) "letter of patent," and eff 9/1/97 in (d) inserted ", by another state, or by the United States"; before 5/21/97 (d) provided:
~ (d) 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 license, certificate, permit, seal, title, or similar document issued by government, unless the actor's intent is to defraud or harm another, in which event the offense is a felony of the second degree.
http://www.bakers-legal-pages.com/pc/3710.htm
In my opinion as a former prosecutor, they aren't private documents. On their face they purport to be public documents, signed by an public officer, and relate directly to official matters. The fact that they were allegedly kept in a personal file doesn't deprive them of their official character.
Being a native Texan, I know that Texas justice is often swift & decisive, when Federal justice often isn't...I'm hoping that it can be brought to bare on these S.O.B.'s
933. ART. 133. CONDUCT UNBECOMING AN OFFICER AND A GENTLEMAN
Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
934. ART. 134. GENERAL ARTICLE
Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.
If you don't make this point in this highly visible case you send the message that it's no big deal and you invite more abuses.
The Texas AG and local DA need to get their rears in gear, IMHO.
I'm not a lawyer, but I deeply appreciate JCEccles's article...I'm hoping that those that are experienced in the legal arena can look at this and take the best course of action.
But they were on forged Texas Air National Guard Letterhead, and they had a forged signature of the commander of the that unit. I'm not a lawyer, but to me that sounds like a forged document intended to look like an official government document.
Ohhh. Hmm. Still don't know if there's a felony here.
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