Offenses against public administration

• Author: Elizabeth Berry/George Gallagher
• Pages: 657-796

OFFENSES AGAINST

PUBLIC ADMINISTRATION

9-1

CHAPTER 9

OFFENSES AGAINST

PUBLIC ADMINISTRATION

I. BRIBERY AND CORRUPT INFLUENCE

A. Bribery

1. Law

§9:10 Some Penal Provisions Do Not Apply

§9:20 Other Defenses

§9:30 Value of Benef‌its

§9:40 Criminal Intent and Bribery

§9:50 “Witness”

§9:60 Prospective Witness

§9:70 Extraneous Offenses

2. Forms

§9:80 Bribery

§9:90 Practice Notes

B. Coercion

1. Law

§9:100 Coercion of Public Servant Indictment

2. Forms

§9:110 Coercion of Public Servant or Voter

§9:120 Practice Notes

§9:130 Improper Inf‌luence

C. Tampering With Witness

1. Law

§9:132 Charge Must Not Allow Conviction on Acts that Do Not Constitute the Offense Charged

2. Forms

§9:135 Tampering with Witness — P.C. §36.05(a) (On or After 9/1/13)

§9:140 Tampering with Witness — P.C. §36.05(a) (9/1/11-8/31/13)

§9:141 Tampering with Witness — P.C. §36.05(b) (Af ter 9/1/11)

§9:145 Tampering with Witness — P.C. §36.05(a) (Before 9/1/11)

§9:150 Tampering with Witness — P.C. §36.05(b) (Before 9/1/11)

D. Retaliation

1. Law

§9:160 Retributory Element

2. Forms

§9:165 Retaliation (On or after 9/1/15)

§9:170 Retaliation (Before 9/1/15)

§9:180 Obstruction

§9:190 Acceptance of Honorarium

OFFENSES AGAINST

PUBLIC ADMINISTRATION

Texas Criminal Jury Charges 9-2

§9:200 Gift to Public Servant — (Regulatory Functions)

§9:210 Gift to Public Servant — (Custody of Prisoners)

§9:220 Gift to Public Servant — (Government Litigation)

§9:230 Gift to Public Servant — (Government Contracts or Business)

§9:240 Gift to Public Servant — (Judicial or Administrative Authority)

§9:250 Gift to Public Servant — (Members of Legislature)

§9:260 Gift to Public Servant — (Hearing Examiner)

§9:270 Offering a Gift to Public Servant

§9:280 Practice Notes

II. PER JURY AND OTHER FALSIFICATION

A. Law

§9:290 Materiality

§9:300 Necessary Allegations for Aggravation

§9:310 When Perjury Applies

§9:320 Venue

§9:330 Statute of Limitations

B. Forms

§9:340 Perjury

§9:350 Aggravated Perjury

§9:355 Misrepresenting Child as Family Member at Point of Entry

§9:360 False Report to Peace Off‌icer, Federal Special Investigator, or

Law Enforcement Employee — P.C. §37.08 (On or After 9/1/11)

§9:365 False Report to Peace Off‌icer or law Enforcement Employee — P.C. 36.08 (Before 9/1/11)

§9:370 False Report Regarding Missing Child or Missing Person

§9:375 Defenses to Tampering with or Fabricating Physical Evidence (On or After 9/1/11)

§9:377 False Report to Peace Off‌icer, Federal Special Investigator, Law Enforcement

Employee, Corrections Off‌icer, or Jailer (On or After 9/1/19)

§9:380 Tampering with or Fabricating Physical Evidence — P.C. §37.09(a) (On or After 9/1/07)

§9:39 0 Tampering with or Fabricating Physical Evidence — P.C. §37.09(d)(1) (On or Af ter 9/1/07)

§9:400 Tampering with or Fabricating Physical Evidence — P.C. §37.09(a) (Before 9/1/07)

§9:410 Tampering with or Fabricating Physical Evidence — P.C. §37.09(d)(1) (Before 9/1/07)

§9:420 Tampering with or Fabricating Physical Evidence — P.C. §37.09(d)(2)

§9:430 Tampering with Governmental Record — P.C. §37.10 (On or After 9/1/07)

§9:440 Tampering with Governmental Record — P.C. §37.10 (Before 9/1/07)

§9:442 Tampering with Governmental Record — Punishment Table (On or After 9/1/21)

§9:445 Tampering with Governmental Record — Punishment Table (9/1/13-08/31/21)

§9:450 Tampering with Governmental Record — Punishment Table (9/1/09-8/31/13)

§9:460 Tampering with Governmental Record — Punishment Table (Before 9/1/09)

§9:470 Practice Notes

§9:480 Defenses Under This Section

§9:490 Tampering with Government Records

§9:500 Fraudulent Filing of Financial Statement — P.C. §37.101(a)(1)

§9:510 Fraudulent Filing of Financial Statement — P.C. §37.101(a)(2) or (a)(3)

§9:520 Impersonating a Public Servant

§9:530 False Identif‌ication as Peace Off‌icer

§9:535 Misrepresentation of Property (On or After 9/1/17)

§9:540 Misrepresentation of Property (On or Before 8/31/17)

§9:550 Record of a Fraudulent Court

§9:555 False Statement Regarding Child Custody Determination Made in Foreign Country

III. OBSTRUCTING GOVERNMENTAL OPERATION

A. Law

§9:560 Failure to Identify

§9:570 Resisting Arrest

OFFENSES AGAINST

PUBLIC ADMINISTRATION

9-3 Offenses Against Public Administration

§9:580 Lesser-Included Offense

B. Forms

§9:590 Failure to Identify — P.C. §38.02(a)

§9:600 Failure to Identify — P.C. §38.02(b)

§9:610 Resisting Arrest, Search, or Transportation

§9:615 Def‌initions Used in Evading Arrest or Detention

§9:620 Evading Arrest or Detention (On or After 9/1/11)

§9:625 Evading Arrest or Detention (9/1/09-8/31/11)

§9:630 Evading Arrest or Detention (Before 9/1/09)

§9:640 Hindering Apprehension or Prosecution (On or After 9/1/07)

§9:650 Hindering Apprehension or Prosecution (Before 9/1/07)

§9:660 Defense Under This Section

C. Escape — Law

§9:670 Failure to Prove Use of a Deadly Weapon When Alleged

§9:680 Custody

§9:690 Charged with an Offense

§9:700 Use of a Deadly Weapon

§9:710 Peace Off‌icer

§9:720 Allegations

§9:730 Arrested for an “Offense”

D. Escape — Forms

§9:740 Escape (On or After 9/1/07)

§9:745 Escape (9/1/07-8/31/11)

§9:750 Escape (Before 9/1/07)

§9:760 Permitting or Facilitating Escape

§9:770 Implements for Escape

E. Forms

§9:780 Bail Jumping and Failure to Appear

§9:785 Prohibited Substances and Items in Correctional or Civil Commitment Facility —

P.C. §38.11(a)(1-4) (On or After 9/1/17)

§9:790 Prohibited Substances and Items in Correctional Facility — P.C. §38.11(a)(1-4)

(9/1/09-8/31/17)

§9:795 Prohibited Substances and Items in Correctional or Civil Commitment Facility —

P.C. §38.11(a)(5) (On or After 9/1/17)

§9:800 Prohibited Substances and Items in Correctional Facility — P.C. §38.11(a)(5)

(9/1/09-8/31/17)

§9:810 Prohibited Substances and Items in Correctional Facility or on Property of Texas

Department of Criminal Justice — P.C. §38.11(a) (Before 9/1/09)

§9:820 Prohibited Substances and Items in Correctional Facility — P.C. §38.11(b)

(On or After 9/1/09)

§9:830 Prohibited Substances and Items in Correctional Facility or on Property of Texas

Department of Criminal Justice — P.C. §38.11(b) (Before 9/1/09)

§9:840 Prohibited Substances in Correctional Facility — P.C. §38.11(c) (On or After 9/1/09)

§9:850 Prohibited Substances and Items in Correctional Facility or on Property of Texas

Department of Criminal Justice — P.C. §38.11(c) (Before 9/1/09)

§9:860 Prohibited Substances in Correctional Facility — P.C. §38.11(d)(1) (On or Af ter 9/1/09)

§9:870 Prohibited Substances and Items in Correctional Facility or on Property of Texas

Department of Criminal Justice — P.C. §38.11(d)(1) (Before 9/1/09)

§9:880 Prohibited Substances in Correctional Facility — P.C. §38.11(d)(2) (On or Af ter 9/1/09)

§9:890 Prohibited Substances and Items in Correctional Facility or on Property of Texas

Department of Criminal Justice — P.C. §38.11(d)(2) (Before 9/1/09)

§9:900 Prohibited Substances in Correctional Facility — P.C. §38.11(j) (On or After 9/1/09)

§9:910 Prohibited Substances and Items in Correctional Facility or on Property of Texas

Department of Criminal Justice — P.C. §38.11(j) (Before 9/1/09)

§9:920 Prohibited Substances in Correctional Facility — P.C. §38.11(k) (On or After 9/1/09)