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Texas Penal Code - PENAL § 32.60. Real Property Fraud

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) In this section:

(1) “Deception” has the meaning assigned by Section 31.01.

(2) “Disabled individual” and “elderly individual” have the meanings assigned by Section 22.04.

(3) “Document” and “effective consent” have the meanings assigned by Section 32.46.

(b) A person commits an offense if the person:

(1) intentionally or knowingly makes a materially false or misleading written statement to obtain real property;  or

(2) with the intent to defraud or harm any person:

(A) causes another person, without that person's effective consent, to sign or execute any document affecting real property or any person's interest in real property;  or

(B) causes a public servant, without the public servant's effective consent, to file or record any purported judgment or other document purporting to memorialize or evidence:

(i) title to real property or any person's interest in real property;  or

(ii) a lien or claim against real property or against any person's interest in real property.

(c) Except as provided by Subsection (d), an offense under this section is:

(1) a felony of the second degree if it is shown on the trial of the offense that the market value of the real property or the value of the interest in the real property is less than $300,000;  or

(2) a felony of the first degree if it is shown on the trial of the offense that the market value of the real property or the value of the interest in the real property is $300,000 or more.

(d) An offense described for purposes of punishment by Subsection (c) is increased to the next higher category of offense if it is shown on the trial of the offense that at the time of the offense:

(1) the owner of the real property was:

(A) an elderly individual;

(B) a disabled individual;  or

(C) a nonprofit organization;  or

(2) the real property was subject to a property tax exemption under Subchapter B, Chapter 11, Tax Code, as an individual's residence homestead as defined by Section 11.13(j), Tax Code.

(e) For purposes of Subsection (c), the market value of real property is the market value of that property for the tax year in which the offense was committed, as indicated on the appraisal roll for the appraisal district in which the property is located.

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Cite this article: FindLaw.com - Texas Penal Code - PENAL § 32.60. Real Property Fraud - last updated January 01, 2024 | https://codes.findlaw.com/tx/penal-code/penal-sect-32-60/

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