1. Tampering With A Governmental Document Local Government Seminar January 29, 2015 Presented by: Akilah Mance, Associate

2. Tampering With A Governmental Document Texas Penal Code Sec. 37.10

3. Tampering With A Governmental Document (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;

4. Tampering With A Governmental Document – (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. Tampering With A Governmental Document – (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.

6. Tampering With A Governmental Document What is a governmental record? (Texas Penal Code Sec. 37.01(2) – (A) anything belonging to, received by, or kept by government for information, including a court record; – (B) anything required by law to be kept by others for information of government;

7. Tampering With A Governmental Document – (C) a license, certificate, permit, seal, title, letter of patent, or similar document issued by government, by another state, or by the United States.

8. Tampering With A Governmental Document State and/or Federal prosecution can be brought for this conduct. Class A Misdemeanor 3 rd Degree Felony IF 3 rd Degree Felony IF the record is a license, certificate, permit, seal, or title

9. Tampering With A Governmental Document – ALL offenses can be upgraded one punishment level IF it is shown at trial that the actor intended to defraud or harm another

10. Tampering With A Governmental Document – Intent is presumed if illegal action is taken with respect to two or more of the same type of record AND if each record is a license, certificate, permit, seal, title or similar document issued by government

11. Tampering With A Governmental Document WHAT NOT TO DO! – Coerce or offer benefits to prospective witnesses in an effort to influence their testimony in an official proceeding regarding the document. TAMPERING WITH A WITNESS – Section 36.05 Texas Penal Code – 3 rd Degree felony OR the highest degree charged if a criminal case is involved

12. Tampering With A Governmental Document WHAT NOT TO DO! – Alter, destroy or conceal the records or make the records unreadable. TAMPERING WITH EVIDENCE – Section 37.09 Texas Penal Code – 3 rd Degree Felony

13. Tampering With A Governmental Document WHAT NOT TO DO! – Make a false statement under oath about the records. PERJURY – Section 37.02 Texas Penal Code – Class A Misdemeanor – 3 rd Degree Felony: IF the statement is material & made in an official proceeding

14. Tampering With A Governmental Document HYPOTHETICALS – Police Officer “A” Adds a few inaccurate details to his offense report to comply with Department policies on photo spreads. – EMS Paramedic “B” Changes a sentence in his records about a patient’s condition to avoid being called in a malpractice suit. – EDC Board Member “C” Removes unfavorable financials from the final report submitted to city council in a proposed development. – Taskforce Officer “D” Carries around notarized blank trespass affidavits to fill in and show troublemakers at local businesses.

15. Tampering With A Governmental Document Local Government Seminar January 29, 2015 Presented by: Akilah Mance, Associate