I am preparing for trial on a Forgery of a Governmental Document. It is a forged DPS identification card. On the back of the forged card it reads, in bold print, "This is not a Government Document." I do not think this negates the intent for which it was to be used, specially since printed checks in the same name as the one on the forged ID card were also found. Any thoughts?

No different than those checks you get in the mail that say "This is not a check." If you take that piece of paper to enough places, someone will cash it. You have still obtained money by deception.

Unless you can prove he manufactured the ID, you're looking at a 37.10(a)(2) or (5). Basically the same little class B you'd charge a minor with when they used a novelty card to try and buy beer.

But, I think it makes great evidence to demonstrate the intent of the user to pass the forged checks.

I am afraid that Philip may have a point. My def. did not make the forged ID. All I have him doing in my county is possessing it. He did not use it here. I am afraid all I have is a Class A bumped up to a State Jail with his intent to defraud or harm another. I originally thought I had him on a F3. This doesn't seem right. Any more thoughts.

Hey, he didn't kill anyone. That should count for something. SJF sounds fine to me.

FYI, Mark, this issue (overlapping offenses) has arisen during legislative hearings on ID theft. They may try to make things more uniform next session by eliminating the lower penalty offenses.

However, rest assured, there will always be some type of low-level misdemeanor for kids under 21 w/ fake IDs (legislators have unruly kids too ...).

So, under 37.10(a)(4) if you possess it with an intent to use it unlawfully, it's a class A.

If you use or present it, then under 37.10(a)(2) it is a class B misdemeanor?

Hey Shannon, this is a dumb law. It's a higher level crime for a 19 year old to have a fake ID than it is for the 19 year old to use it?

Phil, don't forget about � 521.451-.456 of the Transportation Code and all its specific provisions relating to fake DLs that also throw a monkey-wrench into this problem.

The mess is even bigger than you think!