Sec. 37.08. FALSE REPORT TO PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, LAW ENFORCEMENT EMPLOYEE, CORRECTIONS OFFICER, OR JAILER. (a) A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to:
(1) a peace officer or federal special investigator conducting the investigation;
(2) any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation; or
(3) a corrections officer or jailer.
(b) In this section, "law enforcement agency" has the meaning assigned by Article 59.01, Code of Criminal Procedure.
(c) An offense under this section is a Class B misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 925, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 839 (H.B. 3423), Sec. 3, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 513 (S.B. 405), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 513 (S.B. 405), Sec. 2, eff. September 1, 2019.
Notes of Decisions
Cited in
50
cases (
8 in the last 5 years), 1979–2026 · leading case:
Rotenberry v. State, 245 S.W.3d 583 (Tex. App. 2007).
Rotenberry v. State, 245 S.W.3d 583 (Tex. App. 2007).
· cites it 2× “TEX. PENAL CODE ANN. § 37.08 (Vernon 2003).”
United States v. Pack, 612 F.3d 341 (5th Cir. 2010).
“08 of the Texas Penal Code provides that: “(a) A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to: (1) a peace officer conducting the investigation; or (2) any…”
Sims v. State, 273 S.W.3d 291 (Tex. Crim. App. 2008).
“Because the trial judge determined that the evidence was admissible, any complaint about Terry’s opinion being based on a single encounter goes to the weight rather than the admissibility of such evidence. Thus, the trial court did not err in admitting Terry’s testimony.”
Mason v. State, 225 S.W.3d 902 (Tex. App. 2007).
· cites it 2× “See Tex. Pen.Code Ann. § 37.08 (Vernon 2003); Davis, 126 S.”
Washington v. State, 127 S.W.3d 111 (Tex. App. 2003).
“Tex. Pen.Code Ann. § 37.08(a)(1) (Vernon 2003).”
Lonnie Kade Welsh v. State, 570 S.W.3d 963 (Tex. App. 2019).
“081 (False Report Regarding Missing Child or Missing Person)). The court there concluded that “[l]ying to conceal information material to an investigation is a crime, but it is not a violation of section 37.”
Sheryl Johnson-Todd v. John S. Morgan, 480 S.W.3d 605 (Tex. App. 2015).
“' Morgan related to the offense of false report to a peace officer under Tex. Penal Code Section 37.08, for which John S.”
Ex parte Barham, 534 S.W.3d 547 (Tex. App. 2017).
“See Tex. Penal Code Ann. § 39.03 (a)(1), (d) (West 2016).”
— Tex. Penal Code § 37.08(a) — 9 cases
Sims v. State, 273 S.W.3d 291 (Tex. Crim. App. 2008).
“Because the trial judge determined that the evidence was admissible, any complaint about Terry’s opinion being based on a single encounter goes to the weight rather than the admissibility of such evidence. Thus, the trial court did not err in admitting Terry’s testimony.”
— Tex. Penal Code § 37.08(a)(1) — 4 cases
Washington v. State, 127 S.W.3d 111 (Tex. App. 2003).
“Tex. Pen.Code Ann. § 37.08(a)(1) (Vernon 2003).”
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