(a) In this section, “fraudulent or substandard degree” has the meaning assigned by § 61.302, Education Code.
(b) A person commits an offense if the person:
(1) uses or claims to hold a postsecondary degree that the person knows:
(A) is a fraudulent or substandard degree;
(B) is fictitious or has otherwise not been granted to the person; or
(C) has been revoked; and
(2) uses or claims to hold that degree:
(A) in a written or oral advertisement or other promotion of a business; or
(B) with the intent to:
(i) obtain employment;
(ii) obtain a license or certificate to practice a trade, profession, or occupation;
(iii) obtain a promotion, a compensation or other benefit, or an increase in compensation or other benefit, in employment or in the practice of a trade, profession, or occupation;
(iv) obtain admission to an educational program in this state; or
(v) gain a position in government with authority over another person, regardless of whether the actor receives compensation for the position.

Terms Used In Texas Penal Code 32.52

  • 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
  • Benefit: means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. See Texas Penal Code 1.07
  • Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
  • Government: means :
    (A) the state;
    (B) a county, municipality, or political subdivision of the state; or
    (C) any branch or agency of the state, a county, municipality, or political subdivision. 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
  • 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
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(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.

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