If the writing is or purports to be a will, codicil, deed, deed of trust, mortgage, security instrument, security agreement, credit card, check, authorization to debit an account at a financial institution, or similar instrument, it is punishable as what offense level?

• A. Class A Misdemeanor
• B. State Jail Felony
• C. Third Degree Felony
• D. Capital Felony

Answer: (B)

In Texas, forging or presenting forged writings that have legal or financial effect is treated as a state jail felony. The items listed—will, codicil, deed, deed of trust, mortgage, security instrument or security agreement, credit card, check, authorization to debit an account at a financial institution, or similar instrument—are all instruments that can influence ownership, obligations, or funds. Creating or altering one with the intent to defraud, or passing it off as genuine, fits the offense of forgery/uttering a forged instrument at the state jail felony level. This category sits between misdemeanor offenses and the more severe felonies, reflecting serious fraud without reaching the most extreme penalties. The typical punishment range is 180 days to 2 years in state jail, with possible fines up to $10,000. For example, forging a deed to transfer property or presenting a forged check to obtain funds would fall under this level.