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 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 [and with the intent to defraud or harm another].

The defendant is guilty of the offense even if the record, document, or thing made, presented, or used displayed or contained the statement “NOT A GOVERNMENT DOCUMENT” or another substantially similar statement intended to alert a person to the falsity of the record, document, or thing [, unless the state has failed to prove the disclaimer defense described later in these instructions does not apply to the defendant’s situation].

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.

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.

Knowledge that the Record, Document, or Thing Is False

“Knowledge that the record, document, or thing is false” means awareness that the record, document, or thing is false.

Intent that the Record, Document, or Thing Be Taken as a Genuine Governmental Record

“Intent that the record, document, or thing be taken as a genuine governmental record” means a person had the conscious objective or desire that the record, document, or thing be taken as a genuine governmental record.

[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, [four/five] elements. The elements are that—

1. the defendant, in [county] County, Texas, on or about [date], [insert specific allegations, e.g., used an insurance card] and it was a record, document, or thing;
2. [insert specific allegations, e.g., the insurance card] was false;
3. the defendant had knowledge that [insert specifics, e.g., the insurance card] was false; [and]
4. the defendant had the intent that [insert specifics, e.g., the insurance card] be taken as a genuine governmental record [; and/.]

[Include the following element if pleaded.]

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

You must all agree on elements [1, 2, 3, and 4/1, 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 the elements listed above, you must find the defendant “not guilty.”

[Select one of the following.]

If you all agree the state has proved, beyond a reasonable doubt, each of the [four/five] elements listed above, you must find the defendant “guilty.”

[or]

If you all agree the state has proved, beyond a reasonable doubt, each of the [four/five] elements listed above, you must next consider whether the defendant is not guilty because of the defense of [insert defense, e.g., disclaimer].

[Include the following if raised by the evidence.]

Disclaimer

It is a defense to tampering with a governmental record that—

1. the record, document, or thing made, presented, or used displayed or contained the statement “NOT A GOVERNMENT DOCUMENT” or another substantially similar statement intended to alert a person to the falsity of the record, document, or thing;
2. the statement was printed diagonally;
3. it was printed clearly and indelibly;
4. it was printed on both the front and back of the record, document, or thing;
5. it was printed in solid red capital letters; and
6. it was printed in letters at least one-fourth inch in height.

Burden of Proof

The defendant is not required to prove this defense. Rather, the state must prove, beyond a reasonable doubt, that the defense does not apply.

Application of Law to Facts

If you have found that the state has proved the offense beyond a reasonable doubt, you must next determine whether the state has proved, beyond a reasonable doubt, at least one of the following:

1. the record, document, or thing made, presented, or used did not display or contain the statement “NOT A GOVERNMENT DOCUMENT” or another substantially similar statement intended to alert a person to the falsity of the record, document, or thing; or
2. the statement was not printed diagonally; or
3. it was not printed clearly and indelibly; or
4. it was not on both the front and back of the record, document, or thing; or
5. it was not in solid red capital letters; or
6. it was not at least one-fourth inch in height.

You must all agree that the state has proved, beyond a reasonable doubt, either element 1, 2, 3, 4, 5, or 6 listed above. You need not agree on which of these elements the state has proved.

If you find that the state has failed to prove, beyond a reasonable doubt, either element 1, 2, 3, 4, 5, or 6 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 of the offense of tampering with a governmental record, and you all agree the state has proved, beyond a reasonable doubt, either element 1, 2, 3, 4, 5, or 6 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.]