Tampering with or Fabricating Physical Evidence

Section 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 or transferred under Section 441.204, Government Code.  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)(1) Except as provided by Subdivision (2) and by 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.
                (2)  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 public school record, report, or assessment instrument required under Chapter 39, Education Code, or 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.
        (d)  An offense under this section, if it is shown on the trial of the offense that the governmental record is described by Section 37.01(2)(D), is:
                (1)  a Class B misdemeanor if the offense is committed under Subsection (a)(2) or Subsection (a)(5) and the defendant is convicted of presenting or using the record;
                (2)  a felony of the third degree if the offense is committed under:
                        (A)  Subsection (a)(1), (3), (4), or (6);  or
                        (B)  Subsection (a)(2) or (5) and the defendant is convicted of making the record;  and
                (3)  a felony of the second degree, notwithstanding Subdivisions (1) and (2), if the actor's intent in committing the offense was to defraud or harm another.
        (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)  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.
        (i)  With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the state Medicaid program.

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