Sec. 37.101. FRAUDULENT FILING OF FINANCING STATEMENT. (a) A person commits an offense if the person knowingly presents for filing or causes to be presented for filing a financing statement that the person knows:
(1) is forged;
(2) contains a material false statement; or
(3) is groundless.
(b) An offense under Subsection (a)(1) is a felony of the third degree, unless it is shown on the trial of the offense that the person had previously been convicted under this section on two or more occasions, in which event the offense is a felony of the second degree. An offense under Subsection (a)(2) or (a)(3) is a Class A misdemeanor, unless the person commits the offense with the intent to defraud or harm another, in which event the offense is a state jail felony.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 10, eff. May 21, 1997.
Notes of Decisions
Cited in
6
cases, 2008–2020 · leading case:
Renee Louise Halay v. State, No. 03-07-00327-CR, 2008 WL 5424095 (Tex. App.—Austin Dec. 31, 2008).
Renee Louise Halay v. State, No. 03-07-00327-CR, 2008 WL 5424095 (Tex. App.—Austin Dec. 31, 2008).
· cites it 5× “The district court sentenced Halay to two years' imprisonment, probated for five years, for the thirteen counts of fraudulently filing a financing statement, and to ten years' imprisonment, probated for ten years, for the two counts of retaliation.”
Lamb Cnty. Elec. Coop., Inc. v. Pub. Util. Comm'n of Texas, No. 03-04-00593-CV (Tex. App.—Austin Dec. 31, 2008).
· cites it 5× “RAMSAY, JUDGE PRESIDING MEMORANDUM OPINION A jury found appellant Renee Louise Halay guilty of thirteen counts of fraudulently filing a financing statement with intent to harm, see Tex. Penal Code Ann. § 37.101 (West 2003), and two counts of retaliation, see id.”
United States v. Davis, 299 F. App'x 361 (5th Cir. 2008).
· cites it 4× “§ 13 , for fraudulent filing of a forged financing statement in violation of Tex. Penal Code § 37.101(a)(1) (Count One) and fraudulent filing of a false and groundless financing statement in violation of Tex.”
State v. Trenton Kyle Green, 613 S.W.3d 571 (Tex. App.—Texarkana 2020).
“02(e) (increases to next higher category on value ladder); TEX. PENAL CODE ANN. § 36.05(e-2) (increases from third-degree felony to second-degree felony or to most serious offense in the case); TEX.”
Russell Dale Mortland v. State, No. 03-08-00029-CR (Tex. App.—Austin Dec. 30, 2008).
“See Tex. Penal Code Ann. § 37.101 (a)(2), (3), (b) (West 2003).”
Russell Dale Mortland v. State, No. 03-08-00030-CR (Tex. App.—Austin Dec. 30, 2008).
“See Tex. Penal Code Ann. § 37.101 (a)(2), (3), (b) (West 2003).”
Tex. Penal Code § 37.101(a)(1): 1 case
United States v. Davis, 299 F. App'x 361 (5th Cir. 2008).
“§ 13 , for fraudulent filing of a forged financing statement in violation of Tex. Penal Code § 37.101(a)(1) (Count One) and fraudulent filing of a false and groundless financing statement in violation of Tex.”
Tex. Penal Code § 37.101(a)(2): 1 case
United States v. Davis, 299 F. App'x 361 (5th Cir. 2008).
“§ 13 , for fraudulent filing of a forged financing statement in violation of Tex. Penal Code § 37.101(a)(1) (Count One) and fraudulent filing of a false and groundless financing statement in violation of Tex.”
Tex. Penal Code § 37.101(b): 1 case
State v. Trenton Kyle Green, 613 S.W.3d 571 (Tex. App.—Texarkana 2020).
“02(e) (increases to next higher category on value ladder); TEX. PENAL CODE ANN. § 36.05(e-2) (increases from third-degree felony to second-degree felony or to most serious offense in the case); TEX.”
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