Texas Penal Code 32.54 – Fraudulent or Fictitious Military Record
(a) In this section:
(1) “Military record” means an enlistment record, occupation specialty, medal, award, decoration, or certification obtained by a person through the person’s service in the armed forces of the United States or the state military forces.
(2) “State military forces” has the meaning assigned by § 437.001, Government Code.
(b) A person commits an offense if the person:
(1) uses or claims to hold a military record that the person knows:
(A) is fraudulent;
(B) is fictitious or has otherwise not been granted or assigned to the person; or
(C) has been revoked; and
(2) uses or claims to hold that military record:
(A) in a written or oral advertisement or other promotion of a business; or
(B) with the intent to:
(i) obtain priority in receiving services or resources under Subchapter G, Chapter 302, Labor Code;
(ii) qualify for a military employment preference under Chapter 657, Government Code;
(iii) obtain a license or certificate to practice a trade, profession, or occupation;
(iv) obtain a promotion, compensation, or other benefit, or an increase in compensation or other benefit, in employment or in the practice of a trade, profession, or occupation;
(v) obtain a benefit, service, or donation from another person;
(vi) obtain admission to an educational program in this state; or
(vii) gain a position in state government with authority over another person, regardless of whether the actor receives compensation for the position.
Terms Used In Texas Penal Code 32.54
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
- Another: means a person other than the actor. See Texas Penal Code 1.07
- Benefit: means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. See Texas Penal Code 1.07
- Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
- Government: means :
(A) the state;
(B) a county, municipality, or political subdivision of the state; or
(C) any branch or agency of the state, a county, municipality, or political subdivision. See Texas Penal Code 1.07 - Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
- Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
- Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) An offense under this section is a Class B misdemeanor.
(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.