The state accuses the defendant of having committed the offense of false statement to obtain property or credit.

Relevant Statutes

A person commits the offense of false statement to obtain property or credit if the person intentionally or knowingly makes a materially false or misleading written statement to obtain property or credit.

Definitions

Credit

[Include one or more of the items in the following definition as dictated by the charging instrument.]

“Credit” includes (1) a loan of money; (2) furnishing property or services on credit; (3) extending the due date of an obligation; (4) comaking, endorsing, or guaranteeing a note or other instrument for obtaining credit; (5) a line or letter of credit; (6) a credit card; and (7) a mortgage loan.

Credit Card

“Credit card” means an identification card, plate, coupon, book, number, or any other device authorizing a designated person or bearer to obtain property or services on credit. The term includes the number or description of the device if the device itself is not produced at the time of ordering or obtaining the property or service.

Property

“Property” means real property, tangible or intangible personal property including anything severed from land, or a document, including money, that represents or embodies anything of value.

Service

“Service” includes labor and professional service, telecommunication, public utility, and transportation service, lodging, restaurant service, entertainment, and the supply of a motor vehicle or other property for use.

Intentionally Making a False or Misleading Statement

A person acts with intent to make a false or misleading statement when the person has the conscious objective or desire to make the false or misleading statement.

Knowingly Making a False or Misleading Statement

A person knowingly makes a false or misleading statement if the person is aware that the statement they are making is false or misleading.

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, five elements. The elements are that—

[Select one of the following.]

1. the defendant, in [county] County, Texas, on or about [date], made a materially false or misleading written statement to [name];

2. the defendant’s statement was [set out false statement];

[or]

1. the defendant, in [county] County, Texas, on or about [date] stated in writing to [name] that [insert statement];

2. this statement was materially false or misleading;

[Continue with the following.]

3. the defendant intended or knew the statement was false or misleading;

4. the defendant did this [with intent to obtain [describe property or credit]/to obtain property or credit, specifically [describe property or credit if pleaded]]; and

5. the value of the [describe property or credit] was [insert value range].

You must all agree on elements 1, 2, 3, 4, and 5 listed above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of elements 1, 2, 3, 4, and 5 above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, elements 1, 2, 3, 4, and 5 listed above, you must find the defendant “guilty.”

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC CPJC2.1, the general charge.]