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 a governmental record with knowledge of its falsity [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.

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 Governmental Record Is False

“Knowledge that the governmental record is false” means the person is aware that the governmental record is false.

[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], used [insert specifics, e.g., a petition for expunction];
2. [insert specifics, e.g., the petition for expunction] was a governmental record;
3. [insert specifics, e.g., the petition for expunction] was false; [and]
4. the defendant had knowledge that [insert specifics, e.g., the petition for expunction] was false [; 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.”

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”/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.]