PERJURY AND OTHER FALSIFICATION Flashcards
AGGRAVATED PERJURY. (a) A person commits an offense if he commits perjury and the false statement:
(1) is made during or in connection with an official proceeding; and
(2) is material.
(b) An offense under this section is a _____.
felony of the third degree
PERJURY. (a) A person commits an offense if, with intent to deceive and with knowledge of the statement’s meaning:
(1) he makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath; or
(2) he makes a false unsworn declaration.
(b) An offense under this section is a _____.
Class A misdemeanor
MATERIALITY. (a) A statement is material, regardless of the _____ of the statement under the rules of evidence, if it _____ affected the course or outcome of the _____ proceeding.
(c) Whether a statement is material in a given factual situation is a question of law.
admissibility; could have; official
FALSE REPORT TO PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, OR LAW ENFORCEMENT EMPLOYEE. (a) A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to:
(1) a peace officer or federal special investigator conducting the investigation; or
(2) any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation.
(c) An offense under this section is a _____.
Class B misdemeanor
FALSE REPORT REGARDING MISSING CHILD OR MISSING PERSON. (a) A person commits an offense if, with intent to deceive, the person knowingly:
(1) files a false report of a missing child or missing person with a law enforcement officer or agency; or
(2) makes a false statement to a law enforcement officer or other employee of a law enforcement agency relating to a missing child or missing person.
(b) An offense under this section is a _____.
Class C misdemeanor
TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE. (a) A person commits an offense if, knowing that an investigation or official proceeding is pending or in progress, he:
(1) alters, destroys, or conceals any record, document, or thing with intent to impair its verity, legibility, or availability as evidence in the investigation or official proceeding; or
(2) makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent to affect the course or outcome of the investigation or official proceeding.
(c) An offense under Subsection (a) or Subsection (d)(1) is a _____, unless the thing altered, destroyed, or concealed is a human corpse, in which case the offense is a _____. An offense under Subsection (d)(2) is a _____.
(d) A person commits an offense if the person:
(1) knowing that an offense has been committed, alters, destroys, or conceals any record, document, or thing with intent to impair its verity, legibility, or availability as evidence in any subsequent investigation of or official proceeding related to the offense; or
(2) observes a human corpse under circumstances in which a reasonable person would believe that an offense had been committed, knows or reasonably should know that a law enforcement agency is not aware of the existence of or location of the corpse, and fails to report the existence of and location of the corpse to a law enforcement agency.
felony of the third degree; felony of the second degree; Class A misdemeanor
IMPERSONATING PUBLIC SERVANT. (a) A person commits an offense if he:
(1) impersonates a public servant with intent to induce another to submit to his pretended official authority or to rely on his pretended official acts; or
(2) knowingly purports to exercise any function of a public servant or of a public office, including that of a judge and court, and the position or office through which he purports to exercise a function of a public servant or public office has no lawful existence under the constitution or laws of this state or of the United States.
(b) An offense under this section is a _____.
felony of the third degree