The state accuses the defendant of having committed the offense of tampering with a governmental record.

Relevant Statutes

A person commits the offense of tampering with a governmental record if the person knowingly makes a false entry in, or false alteration of, a governmental record [with the intent to defraud or harm another].

Definitions

Governmental Record

[Include relevant parts of definition as applicable.]

“Governmental record” means—

1. anything belonging to, received by, or kept by government for information, including a court record;
2. anything required by law to be kept by others for information of government; or
3. a license, certificate, permit, seal, title, letter of patent, or similar document issued by government, by another state, or by the United States.

Government

“Government” means the state; a county, municipality, or political subdivision of the state; or any branch or agency of the state, county, municipality, or political subdivision.

Knowingly Making a False [Entry in/Alteration of] a Governmental Record

The phrase knowingly makes a false [entry in/alteration of] a governmental record means a person was aware both that he was making an [entry in/alteration of] something and that the entry or alteration was false.

Harm

“Harm” means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested.

Intent to Defraud or Harm Another

“Intent to defraud or harm another” means the conscious objective or desire to defraud or harm another.

[Include presumption of intent to harm or defraud another if raised by the evidence; see CPJC 37.20.]

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, [three/four] elements. The elements are that—

1. the defendant, in [county] County, Texas, on or about [date], made a false [entry in/alteration of] [insert specifics, e.g., a certificate of title] by [insert specifics, e.g., misstating the mileage];
2. the defendant knew he was making the [entry/alteration] and that it was false; [and]
3. the [insert specifics, e.g., certificate of title] was a governmental record [; and/.]

[Include the following element if pleaded.]

4. the defendant had the intent to defraud or harm another.

You must all agree on elements [1, 2, and 3/1, 2, 3, and 4] listed above.

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

If you all agree the state has proved, beyond a reasonable doubt, each of the elements listed above, you must [find the defendant “guilty”/next consider whether the defendant is not guilty because of the defense of no effect on government purpose].

[Include defense of no effect on government purpose if raised by the evidence; see CPJC 37.21. Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]