PJC Business

PJC 115.42

D AMAGES

on the issue, the Committee has adopted the complete statutory definition of intention ally from Tex. Penal Code § 6.03(a) for use in the charge. Alternative language for “alter.” In an appropriate case, the terms make, com plete, execute, or authenticate may be substituted for the word alter. See Tex. Penal Code § 32.21(a)(1). Alternative language for “be the act of another who did not authorize that act.” In an appropriate case, the language have been executed at a time [at a place] [in a numbered sequence] other than was in fact the case or be a copy of an original when no such original existed may be substituted for be the act of another who did not authorize that act in the original language of the charge. Tex. Penal Code § 32.21(a)(1)(A). Alternative language for issuance or possession of a forged writing. Tex. Penal Code §32.21(a)(1)(B) defines “forgery” alternatively as occurring when a per son issues, transfers, registers the transfer of, passes, publishes, or otherwise utters a forged writing as defined in Tex. Penal Code § 32.21(a)(1)(A). Also, Tex. Penal Code §32.21(a)(1)(C) gives another alternative definition of “forgery” as occurring when a person possesses a forged writing (as defined in Tex. Penal Code §32.21(a)(1)(A)) with the intent to utter it (as defined in Tex. Penal Code § 32.21(a)(1)(B)). In an appro priate case, language encompassing the elements for an alternative definition of “forg ery” may be substituted. “Writing.” In an appropriate case, submit an applicable definition of “writing” as found in Tex. Penal Code § 32.21(a)(2), (d), (e). See comment below, “Felonious con duct,” for a discussion of the requirements needed to establish that the conduct in question was felonious. Felonious conduct. Tex. Civ. Prac. & Rem. Code §41.008(c) provides that the limitation or cap on exemplary damages may be lifted only if the plaintiff’s damages are based on conduct “described as a felony” in Tex. Penal Code § 32.21. The criminal conduct described in Tex. Penal Code §32.21 generally rises to felonious conduct only when the writing is or purports to be— 1. a will, codicil, deed, deed of trust, mortgage, security instrument, security agreement, credit card, check, authorization to debit an account at a financial insti tution, or similar sight order for payment of money, contract, release, or other com mercial instrument; 2. part of an issue of money, securities, postage, or revenue stamps; 3. a license, certificate, permit, seal, title, letter of patent, or similar docu ment issued by a government; or 4. another instrument issued by a state or national government or by a subdi vision of either, or part of an issue of stock, bonds, or other instruments representing interests in or claims against another person.

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