Texas Penal Code 32.47 – Fraudulent Destruction, Removal, or Concealment of Writing
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(a) A person commits an offense if, with intent to defraud or harm another, he destroys, removes, conceals, alters, substitutes, or otherwise impairs the verity, legibility, or availability of a writing, other than a governmental record.
(b) For purposes of this section, “writing” includes:
(1) printing or any other method of recording information;
(2) money, coins, tokens, stamps, seals, credit cards, badges, trademarks;
(3) symbols of value, right, privilege, or identification; and
(4) universal product codes, labels, price tags, or markings on goods.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| State jail felony | between 180 days and 2 years | up to $10,000 |
| Class A misdemeanor | up to 1 year | up to $4,000 |
| Class B misdemeanor | up to 180 days | up to $2,000 |
| Class C misdemeanor | up to $500 |
Terms Used In Texas Penal Code 32.47
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
- Another: means a person other than the actor. See Texas Penal Code 1.07
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
- Harm: means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested. See Texas Penal Code 1.07
- Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
- Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- Probate: Proving a will
- Property: means real and personal property. See Texas Government Code 311.005
(c) Except as provided by Subsection (d), an offense under this section is a Class A misdemeanor, provided that:
(1) the writing is not attached to tangible property to indicate the price for the sale of that property; and
(2) the actor did not engage in the conduct described by Subsection (a) with respect to that writing for the purpose of obtaining the property for a lesser price indicated by a separate writing.
(d) An offense under this section is a state jail felony if the writing:
(1) is a will or codicil of another, whether or not the maker is alive or dead and whether or not it has been admitted to probate; or
(2) is a deed, mortgage, deed of trust, security instrument, security agreement, or other writing for which the law provides public recording or filing, whether or not the writing has been acknowledged.
(e) If at the time of the offense the writing was attached to tangible property to indicate the price for the sale of that property and the actor engaged in the conduct described by Subsection (a) with respect to that writing for the purpose of obtaining the property for a lesser price indicated by a separate writing, an offense under this section is:
(1) a Class C misdemeanor if the difference between the impaired writing and the lesser price indicated by the other writing is less than $100;
(2) a Class B misdemeanor if the difference between the impaired writing and the lesser price indicated by the other writing is $100 or more but less than $750;
(3) a Class A misdemeanor if the difference between the impaired writing and the lesser price indicated by the other writing is $750 or more but less than $2,500;
(4) a state jail felony if the difference between the impaired writing and the lesser price indicated by the other writing is $2,500 or more but less than $30,000;
(5) a felony of the third degree if the difference between the impaired writing and the lesser price indicated by the other writing is $30,000 or more but less than $150,000;
(6) a felony of the second degree if the difference between the impaired writing and the lesser price indicated by the other writing is $150,000 or more but less than $300,000; or
(7) a felony of the first degree if the difference between the impaired writing and the lesser price indicated by the other writing is $300,000 or more.