Shall we take a look at what crimes may have been committed in these matters?

First, let's weigh the politics of the situation!

Newspapers seem to be shunning this story, despite proof of false testimony & more.

Many political leaders & civil rights orgs also seem afraid to touch it.  Why?

 

Accidental?    or     Willful?

 

There IS absolute proof that false testimony was given in court....& allowed by 4 or 5 federal judges.

This website's documents prove Mr. Noack pleaded against the inclusion of false testimony,(yet the judges allowed it anyway).  Can the judicial decision to allow lying (& further approving it by citing it)...be accidental?  - UNLIKELY.

There's also undeniable proof the employer LIED to a labor investigator;

plus, apparent EEOC rubber-stamping.

Is this simply "the tip of the iceberg" hinting at massive govt & judicial corruption in America?

There must, evidently, be something at stake -- something to be risked if action were taken.  What?

-- something in politics, power, media, money, or public opinion?

Do judges or attorneys influence each other?  If so, how, why & when?

If judges get impeached, new ones must be appointed.  By whom?   Is it apolitical?

Think. - How could this have a local, regional, or even national affect?

It seems something significant is at stake, since major crimes have gone unreported & unpunished.  (further below)

 On one side,

.....you have a poor, self-litigating plaintiff

--  no legal training or experience 

--  not one of the judicial crowd

     (a "nobody", to them, who could.....

     "upset things" with evidence of corruption?)

 

 

 

 

                        Scram punk, you're bothering us!

Scram punk, you're bothering us!

 

 

 

On the other,   you have.....

-- a popular, huge and wealthy employer,

         (an NPO with what can be suspected as a tax-advantage over     

          competitors in both the childcare and fitness industries)

          (Also, "bad press" could hurt image, influence & $-donations!)

--  two attorneys from a huge lawfirm,

         (with dozens of attorneys at the firm, it's likely influential, a 

        name & reputation to uphold, maybe another "notch on the belt"?

            Also, perhaps much at stake if tainted by any wrongdoing. 

           One can hope they didn't know of it, but it seems they didn'

           speak up when faced with knowledge of the false testimony.) 

           - Btw, as "officers of the court", did they report, object to, &

              withdraw the testimony shown to be grossly untrue? - No!

              Is not doing so a crime? - It seems so: read the laws below.

                     * Consider, also, the harm it could do them if they lost 

                         to a "nobody" pro se plaintiff with zero legal training!

--  at least 4 or 5 fed judges who allowed known false testimony

      One was a district magistrate,(and then, a district judge okayed it)

      Of three other U.S. judges involved, it seems none exposed it.

-- Also, it was alleged there was evidence-tampering in the transcription process (from audio to print) after the district magistrate ordered the plaintiff to give a good enough reason as to why she should provide him hearing transcripts at govt. expense (as an IFP litigant -- too poor to pay for fees).  If truethat would also implicate at least someone in the transcription company!  Oddly, a lone judge at the 5th Cir. Court refused to regard Mr. Noack's sworn testimony and motion for action on that.  He had requested they grant new "verbatim" transcripts (as required by Law) and evidence that had been withheld contrary to the district magistrate's own orders (which she refused to enforce). 

Hmm, seems a bit lopsided on factors of influence & risks.

Well, the labor case began with State officials and was transferred to the EEOC, so it apparently potentially involves both State and federal crimes.

The lawsuit started in a U.S. District Court (federal), then progressed to a U.S. Circuit Court; and later, a Petition for Writ of Certiorari was sent to the U.S. Supreme Court, where they - annually smothered with an overload of petitions - declined to entertain it.  Maybe they could not be bothered with a common man's civil rights issues, evidence-backed claims of racism, proven false testimony or perjury, sworn unrebutted allegations of assaults in the workplace, violations of Law and Constitutional rights, etc

When there is lying to a labor board, lies presented as evidence in court, judges allowing it while pretending to be unbiased, and more in a civil rights case with documented evidence, sworn testimony and claims of racial and gender discrimination, that also has legal ramifications. 

So, let's explore the possibilities that seem plausible.  

Some possible laws broken are quoted below, with emphases added via bold and colored text, plus highlighting.

The list is extensive & seemingly could include felonies. 

What crimes are a "felony"?    See http://definitions.uslegal.com/f/felony/ .  (usually crimes with 1+ years of jail-time)

Wouldn't almost anyone try hard to not lose everything by a possible conviction? 

Wouldn't people of wealth, influence & power really be upset at that prospect?

IF....ANY one or more of the following crimes were committed,

SHOULD they be ignored

...due to the power, position, wealth, popularity, etc. of whomever committed them?

If done by the average person, would such crimes be ignored?

Does the USA have special rules for the "elites"?

 

                                                                                U.S. LAW                                                                                

 

  18 USC § 3 - Principals  

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

Current through Pub. L. 112-283. (See Public Laws for the current Congress.) 

(a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.

(b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal. 

18 USC § 1621 - Perjury generally 

Whoever—

(1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or
(2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true;
is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.
 

18 USC § 1623 - False declarations before grand jury or court

(a) Whoever under oath (or in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code) in any proceeding before or ancillary to any court or grand jury of the United States knowingly makes any false material declaration or makes or uses any other information, including any book, paper, document, record, recording, or other material, knowing the same to contain any false material declaration, shall be fined under this title or imprisoned not more than five years, or both.
(b) This section is applicable whether the conduct occurred within or without the United States.
(c) An indictment or information for violation of this section alleging that, in any proceedings before or ancillary to any court or grand jury of the United States, the defendant under oath has knowingly made two or more declarations, which are inconsistent to the degree that one of them is necessarily false, need not specify which declaration is false if—
(1) each declaration was material to the point in question, and
(2) each declaration was made within the period of the statute of limitations for the offense charged under this section.
In any prosecution under this section, the falsity of a declaration set forth in the indictment or information shall be established sufficient for conviction by proof that the defendant while under oath made irreconcilably contradictory declarations material to the point in question in any proceeding before or ancillary to any court or grand jury. It shall be a defense to an indictment or information made pursuant to the first sentence of this subsection that the defendant at the time he made each declaration believed the declaration was true.
(d) Where, in the same continuous court or grand jury proceeding in which a declaration is made, the person making the declaration admits such declaration to be false, such admission shall bar prosecution under this section if, at the time the admission is made, the declaration has not substantially affected the proceeding, or it has not become manifest that such falsity has been or will be exposed.
(e) Proof beyond a reasonable doubt under this section is sufficient for conviction. It shall not be necessary that such proof be made by any particular number of witnesses or by documentary or other type of evidence.

18 USC § 3 - Accessory After The Fact   

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

Current through Pub. L. 112-283. (See Public Laws for the current Congress.) 

Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.

Except as otherwise expressly provided by any Act of Congress, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half the maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than 15 years.

  18 USC § 4 - Misprision Of Felony   

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.  

Current through Pub. L. 112-283. (See Public Laws for the current Congress.)  

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.  

 

  Title 18, U.S.C., Section 241 Conspiracy Against Rights   

This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same).  

It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured. 

Punishment varies from a fine or imprisonment of up to ten years, or both; and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years, or for life, or may be sentenced to death. 

 

  Title 18, U.S.C., Section 242 Deprivation of Rights Under Color of Law   

This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.   

This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.  

Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.  

Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death. 

  18 USC § 371 - Conspiracy To Commit Offense Or To Defraud United States   

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

Current through Pub. L. 112-283. (See Public Laws for the current Congress.)

If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.  

If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor. 

As you read the next Law, consider this point.

          Isn't it a sign of bias if a judge knowingly allows false testimony as evidence,

then quickly dismisses the case in favor of the perjurous party?

Documents on this website prove Mr. Noack made known the YMCA used false testimony.  Result?  --  ALL judges involved allowed it & ruled against Mr. Noack. 

One actually cited the LIES & baseless assumptions as if fact, without so much as regarding it was simply one person's word against another's -- in a matter about testimonial integrity that jurors must decide!  (See  http://stillsupremelyunjust.yolasite.com/explain-this-ymca.php .)

  28 U.S.C. § 455 : US Code - Section 455: Disqualification Of Justice, Judge, Or Magistrate Judge   

(a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. 

(b) He shall also disqualify himself in the following circumstances: 

     (1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding; 

     (2) Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law

served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it;  

     (3) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy; 

     (4) He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding; 

     (5) He or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person:

          (i) Is a party to the proceeding, or an officer, director, or trustee of a party;

          (ii) Is acting as a lawyer in the proceeding;

          (iii) Is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding;

          (iv) Is to the judge's knowledge likely to be a material witness in the proceeding.

(c) A judge should inform himself about his personal and fiduciary financial interests, and make a reasonable effort to inform himself about the personal financial interests of his spouse and minor children residing in his household.

(d) For the purposes of this section the following words or phrases shall have the meaning indicated: 

     (1) "proceeding" includes pretrial, trial, appellate review, or other stages of litigation;  

     (2) the degree of relationship is calculated according to the civil law system;

     (3) "fiduciary" includes such relationships as executor, administrator, trustee, and guardian;

     (4) "financial interest" means ownership of a legal or equitable interest, however small, or a relationship as director, adviser, or other active participant in the affairs of a party, except that: 

          (i) Ownership in a mutual or common investment fund that holds securities is not a "financial interest" in such securities unless the judge participates in the management of the fund;

          (ii) An office in an educational, religious, charitable, fraternal, or civic organization is not a "financial interest" in securities held by the organization;

          (iii) The proprietary interest of a policyholder in a mutual insurance company, of a depositor in a mutual savings association, or a similar proprietary interest, is a "financial interest" in the organization only if the outcome of the proceeding could substantially affect the value of the interest;

          (iv) Ownership of government securities is a "financial interest" in the issuer only if the outcome of the proceeding could substantially affect the value of the securities.

(e) No justice, judge, or magistrate judge shall accept from the parties to the proceeding a waiver of any ground for disqualification enumerated in subsection (b). Where the ground for disqualification arises only under subsection (a), waiver may be accepted provided it is preceded by a full disclosure on the record of the basis for disqualification. 

(f) Notwithstanding the preceding provisions of this section, if any justice, judge, magistrate judge, or bankruptcy judge to whom a matter has been assigned would be disqualified, after substantial judicial time has been devoted to the matter, because of the appearance or discovery, after the matter was assigned to him or her, that he or she individually or as a fiduciary, or his or her spouse or minor child residing in his or her household, has a financial interest in a party (other than an interest that could be substantially affected by the outcome), disqualification is not required if the justice, judge, magistrate judge, bankruptcy judge, spouse or minor child, as the case may be, divests himself or herself of the interest that provides the grounds for the disqualification. 

 

  18 USC § 1512 - Tampering With A Witness, Victim, Or An Informant     

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.  

Current through Pub. L. 112-283. (See Public Laws for the current Congress.)

(a)

(1) Whoever kills or attempts to kill another person, with intent to—

(A) prevent the attendance or testimony of any person in an official proceeding;

(B) prevent the production of a record, document, or other object, in an official proceeding; or

(C) prevent the communication by any person to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release pending judicial proceedings; shall be punished as provided in paragraph (3).

(2) Whoever uses physical force or the threat of physical force against any person, or attempts to do so, with intent to—

(A) influence, delay, or prevent the testimony of any person in an official proceeding;

(B) cause or induce any person to—

(i) withhold testimony, or withhold a record, document, or other object, from an official proceeding;

(ii) alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official proceeding;

(iii) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or

(iv) be absent from an official proceeding to which that person has been summoned by legal process; or

(C) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings; shall be punished as provided in paragraph (3).

(3) The punishment for an offense under this subsection is—

(A) in the case of a killing, the punishment provided in sections 1111 and 1112;

(B) in the case of—

(i) an attempt to murder; or

(ii) the use or attempted use of physical force against any person; imprisonment for not more than 30 years; and

(C) in the case of the threat of use of physical force against any person, imprisonment for not more than 20 years.

(b) Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to—

(1) influence, delay, or prevent the testimony of any person in an official proceeding;

(2) cause or induce any person to—

(A) withhold testimony, or withhold a record, document, or other object, from an official proceeding;

(B) alter, destroy, mutilate, or conceal an object with intent to impair the object’s integrity or availability for use in an official proceeding;

(C) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or

(D) be absent from an official proceeding to which such person has been summoned by legal process; or

(3) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation [1] supervised release,, [1] parole, or release pending judicial proceedings; shall be fined under this title or imprisoned not more than 20 years, or both.

(c) Whoever corruptly—

(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or

(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.

(d) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from—

(1) attending or testifying in an official proceeding;

(2) reporting to a law enforcement officer or judge of the United States the commission or possible commission of a Federal offense or a violation of conditions of probation [1] supervised release,, [1] parole, or release pending judicial proceedings;

(3) arresting or seeking the arrest of another person in connection with a Federal offense; or

(4) causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or assisting in such prosecution or proceeding; or attempts to do so, shall be fined under this title or imprisoned not more than 3 years, or both.

(e) In a prosecution for an offense under this section, it is an affirmative defense, as to which the defendant has the burden of proof by a preponderance of the evidence, that the conduct consisted solely of lawful conduct and that the defendant’s sole intention was to encourage, induce, or cause the other person to testify truthfully.

(f) For the purposes of this section—

    (1) an official proceeding need not be pending or about to be instituted at the time of the offense; and

    (2) the testimony, or the record, document, or other object need not be admissible in evidence or free of a claim of privilege.

(g) In a prosecution for an offense under this section, no state of mind need be proved with respect to the circumstance—

    (1) that the official proceeding before a judge, court, magistrate judge, grand jury, or government agency is before a judge or court of the United States, a United States magistrate judge, a bankruptcy judge, a Federal grand jury, or a Federal Government agency; or

    (2) that the judge is a judge of the United States or that the law enforcement officer is an officer or employee of the Federal Government or a person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an adviser or consultant.

(h) There is extraterritorial Federal jurisdiction over an offense under this section. 

(i) A prosecution under this section or section 1503 may be brought in the district in which the official proceeding (whether or not pending or about to be instituted) was intended to be affected or in the district in which the conduct constituting the alleged offense occurred.

(j) If the offense under this section occurs in connection with a trial of a criminal case, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case. 

(k) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.

                                                                         STATE OF TEXAS                                                                        

                                                                             PENAL CODE

TITLE 8.  OFFENSES AGAINST PUBLIC ADMINISTRATION 

CHAPTER 37. PERJURY AND OTHER FALSIFICATION

Sec. 37.01. DEFINITIONS. In this chapter:

  (1) "Court record" means a decree, judgment, order, subpoena, warrant, minutes, or other document issued by a court of:

     (A) this state;

     (B) another state;

     (C) the United States;

     (D) a foreign country recognized by an act of congress or a treaty or other international convention to which the United States is a party;

     (E) an Indian tribe recognized by the United States; or

     (F) any other jurisdiction, territory, or protectorate entitled to full faith and credit in this state under the United States Constitution.

  (2) "Governmental record" means:

     (A) anything belonging to, received by, or kept by government for information, including a court record;

     (B) anything required by law to be kept by others for information of government; 

     (C) a license, certificate, permit, seal, title, letter of patent, or similar document issued by government, by another state, or by the United States;

     (D) a standard proof of motor vehicle liability insurance form described by Section 601.081, Transportation Code, a certificate of an insurance company described by Section 601.083 of that code, a document purporting to be such a form or certificate that is not issued by an insurer authorized to write motor vehicle liability insurance in this state, an electronic submission in a form described by Section 502.153(i), Transportation Code, or an evidence of financial responsibility described by Section 601.053 of that code;

     (E) an official ballot or other election record; or

     (F) the written documentation a mobile food unit is required to obtain under Section 437.0074, Health and Safety Code.

  (3) "Statement" means any representation of fact.

      Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 113, Sec. 3, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 189, Sec. 5, eff. May 21, 1997; Acts 1997, 75th Leg., ch. 823, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 659, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 393, Sec. 21, eff. Sept. 1, 2003.

     Amended by: 

     Acts 2007, 80th Leg., R.S., Ch. 1276, Sec. 2, eff. September 1, 2007.

Sec. 37.02. PERJURY.

(a) A person commits an offense if, with intent to deceive and with knowledge of the statement's meaning:

  (1) he makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath; or

  (2) he makes a false unsworn declaration under Chapter 132, Civil Practice and Remedies Code. (b) An offense under this section is a Class A 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.

Sec. 37.03. AGGRAVATED PERJURY.

          (a) A person commits an offense if he commits perjury as defined in Section 37.02, and the false statement:

        (1)    is made during or in connection with an official proceeding; and 

        (2) is material.

          (b) An offense under this section is a felony of the third degree.

     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.

Sec. 37.04. MATERIALITY. (a) A statement is material, regardless of the admissibility of the statement under the rules of evidence, if it could have affected the course or outcome of the official proceeding.

          (b) It is no defense to prosecution under Section 37.03 (Aggravated Perjury) that the declarant mistakenly believed the statement to be immaterial.

          (c) Whether a statement is material in a given factual situation is a question of law.

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. 

Sec. 37.05. RETRACTION. It is a defense to prosecution under Section 37.03 (Aggravated Perjury) that the actor retracted his false statement:

     (1) before completion of the testimony at the official proceeding; and

     (2) before it became manifest that the falsity of the statement would be exposed.

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.

Sec. 37.06. INCONSISTENT STATEMENTS. An information or indictment for perjury under Section 37.02 or aggravated perjury under Section 37.03 that alleges that the declarant has made statements under oath, both of which cannot be true, need not allege which statement is false. At the trial the prosecution need not prove which statement is false.

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.

Sec. 37.07. IRREGULARITIES NO DEFENSE.

           (a) It is no defense to prosecution under Section 37.02 (Perjury) or 37.03 (Aggravated Perjury) that the oath was administered or    taken in an irregular manner, or that there was some irregularity in the appointment or qualification of the person who administered the oath.

           (b) It is no defense to prosecution under Section 37.02 (Perjury) or 37.03 (Aggravated Perjury) that a document was not sworn to if the document contains a recital that it was made under oath, the declarant was aware of the recital when he signed the document, and the document contains the signed jurat of a public servant authorized to administer oaths.

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.

Sec. 37.08. FALSE REPORT TO PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, OR LAW ENFORCEMENT EMPLOYEE.

    (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; or 

        (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.

    (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, Sec. 2, eff. September 1, 2011. 

Acts 2011, 82nd Leg., R.S., Ch. 839, Sec. 3, eff. September 1, 2011. 

Sec. 37.081. FALSE REPORT REGARDING MISSING CHILD OR MISSING PERSON. (a) A person commits an offense if, with intent to deceive, the person knowingly:

        (1) files a false report of a missing child or missing person with a law enforcement officer or agency; or

        (2) makes a false statement to a law enforcement officer or other employee of a law enforcement agency relating to a missing child or missing person.

    (b) An offense under this section is a Class C misdemeanor.   Added by Acts 1999, 76th Leg., ch. 200, Sec. 3, eff. Sept. 1, 1999.

Sec. 37.09. TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE.

    (a) A person commits an offense if, knowing that an investigation or official proceeding is pending or in progress, he:

(1)    alters, destroys, or conceals any record, document, or thing with intent to impair its verity, legibility, or availability as evidence in the investigation or official proceeding; or

(2)    (2) makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent to affect the course or outcome of the investigation or official proceeding.

(3)    (b) This section shall not apply if the record, document, or thing concealed is privileged or is the work product of the parties to the investigation or official proceeding.

(1)    (c) An offense under Subsection (a) or Subsection (d)(1) is a felony of the third degree, unless the thing altered, destroyed, or concealed is a human corpse, in which case the offense is a felony of the second degree. An offense under Subsection (d)(2) is a Class A misdemeanor.

(2)    (c-1) It is a defense to prosecution under Subsection (a) or (d)(1) that the record, document, or thing was visual material prohibited under Section 43.261 that was destroyed as described by Subsection (f)(3)(B) of that section.

(3)    (d) A person commits an offense if the person:

(4)    (1) knowing that an offense has been committed, alters, destroys, or conceals any record, document, or thing with intent to impair its verity, legibility, or availability as evidence in any subsequent investigation of or official proceeding related to the offense; or

(5)    (2) observes a human corpse under circumstances in which a reasonable person would believe that an offense had been committed, knows or reasonably should know that a law enforcement agency is not aware of the existence of or location of the corpse, and fails to report the existence of and location of the corpse to a law enforcement agency.

(6)    (e) In this section, "human corpse" has the meaning assigned by Section 42.08.

(7)    Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 565, Sec. 4, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1284, Sec. 1, eff. Sept. 1, 1997. 

      Amended by: Acts 2007, 80th Leg., R.S., Ch. 287, Sec. 1, eff. September 1, 2007.

      Acts 2011, 82nd Leg., R.S., Ch. 1322, Sec. 1, eff. September 1, 2011.

Sec. 37.10. TAMPERING WITH GOVERNMENTAL RECORD.

(a) A person commits an offense if he:

              (1) knowingly makes a false entry in, or false alteration of, a governmental record; 

              (2) makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent that it be taken as a genuine governmental record;

              (3) intentionally destroys, conceals, removes, or otherwise impairs the verity, legibility, or availability of a governmental record;  

              (4) possesses, sells, or offers to sell a governmental record or a blank governmental record form with intent that it be used unlawfully;  

              (5) makes, presents, or uses a governmental record with knowledge of its falsity; or

              (6) possesses, sells, or offers to sell a governmental record or a blank governmental record form with knowledge that it was obtained unlawfully.

       (b) It is an exception to the application of Subsection (a)(3) that the governmental record is destroyed pursuant to legal authorization or transferred under Section 441.204, Government Code. With regard to the destruction of a local government record, legal authorization includes compliance with the provisions of Subtitle C, Title 6, Local Government Code.

        (c)(1) Except as provided by Subdivisions (2), (3), and (4) and by Subsection (d), an offense under this section is a Class A misdemeanor unless the actor's intent is to defraud or harm another, in which event the offense is a state jail felony.

(2) An offense under this section is a felony of the third degree if it is shown on the trial of the offense that the governmental record was:                          

         (A) a public school record, report, or assessment instrument required under Chapter 39, Education Code, or was a license, certificate, permit, seal, title, letter of patent, or similar document issued by government, by another state, or by the United States, unless the actor's intent is to defraud or harm another, in which event the offense is a felony of the second degree;

                            (B) a written report of a medical, chemical, toxicological, ballistic, or other expert examination or test performed on physical evidence for the purpose of determining the connection or relevance of the evidence to a criminal action; or

                            (C) a written report of the certification, inspection, or maintenance record of an instrument, apparatus, implement, machine, or other similar device used in the course of an examination or test performed on physical evidence for the purpose of determining the connection or relevance of the evidence to a criminal action.

                    (3) An offense under this section is a Class C misdemeanor if it is shown on the trial of the offense that the governmental record is a governmental record that is required for enrollment of a student in a school district and was used by the actor to establish the residency of the student.

  (4) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the governmental record is a written appraisal filed with an appraisal review board under Section 41.43(a-1), Tax Code, that was performed by a person who had a contingency interest in the outcome of the appraisal review board hearing.

      (d) An offense under this section, if it is shown on the trial of the offense that the governmental record is described by Section 37.01(2)(D), is:

                     (1) a Class B misdemeanor if the offense is committed under Subsection (a)(2) or Subsection (a)(5) and the defendant is convicted of presenting or using the record;

                     (2) a felony of the third degree if the offense is committed under:

                           (A) Subsection (a)(1), (3), (4), or (6); or

                           (B) Subsection (a)(2) or (5) and the defendant is convicted of making the record; and

                     (3) a felony of the second degree, notwithstanding Subdivisions (1) and (2), if the actor's intent in committing the offense was to defraud or harm another.

       (e) It is an affirmative defense to prosecution for possession under Subsection (a)(6) that the possession occurred in the actual discharge of official duties as a public servant.

        (f) It is a defense to prosecution under Subsection (a)(1), (a)(2), or (a)(5) that the false entry or false information could have no effect on the government's purpose for requiring the governmental record.

        (g) A person is presumed to intend to defraud or harm another if the person acts with respect to two or more of the same type of governmental records or blank governmental record forms and if each governmental record or blank governmental record form is a license, certificate, permit, seal, title, or similar document issued by government.

         (h) If conduct that constitutes an offense under this section also constitutes an offense under Section 32.48 or 37.13, the actor may be prosecuted under any of those sections.

           (i) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the state Medicaid program.

           (j) It is not a defense to prosecution under Subsection (a)(2) that the record, document, or thing made, presented, or used displays or contains the statement "NOT A GOVERNMENT DOCUMENT" or another substantially similar statement intended to alert a person to the falsity of the record, document, or thing, unless the record, document, or thing displays the statement diagonally printed clearly and indelibly on both the front and back of the record, document, or thing in solid red capital letters at least one-fourth inch in height.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 66, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 113, Sec. 4, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 565, Sec. 5, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 189, Sec. 6, eff. May 21, 1997; Acts 1997, 75th Leg., ch. 823, Sec. 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 659, Sec. 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 718, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 771, Sec. 3, eff. June 13, 2001; Acts 2003, 78th Leg., ch. 198, Sec. 2.139, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 257, Sec. 16, eff. Sept. 1, 2003.

Amended by: Acts 2005, 79th Leg., Ch. 1364, Sec. 1, eff. June 18, 2005.  Acts 2007, 80th Leg., R.S., Ch. 1085, Sec. 2, eff. September 1, 2007.  Acts 2009, 81st Leg., R.S., Ch. 73, Sec. 1, eff. September 1, 2009.  Acts 2009, 81st Leg., R.S., Ch. 1130, Sec. 31, eff. September 1, 2009.

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.

Sec. 37.11. IMPERSONATING PUBLIC SERVANT. (a) A person commits an offense if he:

                           (1) impersonates a public servant with intent to induce another to submit to his pretended official authority or to rely on his pretended official acts; or

                           (2) knowingly purports to exercise any function of a public servant or of a public office, including that of a judge and court, and the position or office through which he purports to exercise a function of a public servant or public office has no lawful existence under the constitution or laws of this state or of the United States.

             (b) An offense under this section is a felony of the third degree.

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. 189, Sec. 7, eff. May 21, 1997.

Sec. 37.12. FALSE IDENTIFICATION AS PEACE OFFICER; MISREPRESENTATION OF PROPERTY.        

              (a) A person commits an offense if:

                           (1) the person makes, provides to another person, or possesses a card, document, badge, insignia, shoulder emblem, or other item bearing an insignia of a law enforcement agency that identifies a person as a peace officer or a reserve law enforcement officer; and

                           (2) the person who makes, provides, or possesses the item bearing the insignia knows that the person so identified by the item is not commissioned as a peace officer or reserve law enforcement officer as indicated on the item.

               (b) It is a defense to prosecution under this section that:

                           (1) the card, document, badge, insignia, shoulder emblem, or other item bearing an insignia of a law enforcement agency clearly identifies the person as an honorary or junior peace officer or reserve law enforcement officer, or as a member of a junior posse;

                           (2) the person identified as a peace officer or reserve law enforcement officer by the item bearing the insignia was commissioned in that capacity when the item was made; or 

                           (3) the item was used or intended for use exclusively for decorative purposes or in an artistic or dramatic presentation.  

               (c) In this section, "reserve law enforcement officer" has the same meaning as is given that term in Section 1701.001, Occupations Code.

                (d) A person commits an offense if the person intentionally or knowingly misrepresents an object as property belonging to a law enforcement agency.

                (e) An offense under this section is a Class B misdemeanor.   

Added by Acts 1983, 68th Leg., p. 5672, ch. 1075, Sec. 1, eff. Sept. 1, 1983. Amended by Acts 1987, 70th Leg., ch. 514, Sec. 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 1420, Sec. 14.831, eff. Sept. 1, 2001.     

Sec. 37.13. RECORD OF A FRAUDULENT COURT.

(a) A person commits an offense if the person makes, presents, or uses any document or other record with: 

                          (1) knowledge that the document or other record is not a record of a court created under or established by the constitution or laws of this state or of the United States; and

                          (2) the intent that the document or other record be given the same legal effect as a record of a court created under or established by the constitution or laws of this state or of the United States.

                 (b) An offense under this section is a Class A misdemeanor, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted under this section on two or more occasions.

                 (c) If conduct that constitutes an offense under this section also constitutes an offense under Section 32.48 or 37.10, the actor may be prosecuted under any of those sections.

Added by Acts 1997, 75th Leg., ch. 189, Sec. 8, eff. May 21, 1997.

Sec. 37.14. FALSE STATEMENT REGARDING CHILD CUSTODY DETERMINATION MADE IN FOREIGN COUNTRY.

                   (a) For purposes of this section, "child custody determination" has the meaning assigned by Section 152.102, Family Code.

                   (b) A person commits an offense if the person knowingly makes or causes to be made a false statement relating to a child custody determination made in a foreign country during a hearing held under Chapter 152 or Subchapter I, Chapter 153, Family Code.

                   (c) An offense under this section is a felony of the third degree.

Added by Acts 2011, 82nd Leg., R.S., Ch. 92, Sec. 3, eff. September 1, 2011.

 

     "I tremble for my country when I reflect that God is just;

                         that his justice cannot sleep forever."

                                                                    -  Thomas Jefferson

    "The administration of justice is the firmest pillar of government."

                                                        -  George Washington

 

 

 

                                                   "I think the first duty of society is justice."      -  Alexander Hamilton 

 

 

   "Judging from the main portions of the history of the 

        world,  so far, justice is always in jeopardy."                              

                                                         - Walt Whitman                                        "The probability that we may fail in the struggle

                                                                                                                                    ought not to deter us from the support

                                                                                                                                                                             of a cause we believe to be just."

                                                                                                                                                       -- Abraham Lincoln

 

 

 

 

 

"Peace and justice

   are two sides

 of the same coin."

 

                    - Dwight D. Eisenhower

 

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