gbaji wrote:
The use of false ID by journalists during the course of investigation, while not an everyday occurrence, is certainly something that happens often enough that we're all aware of the practice.
And it can be a crime. Let me help you.
Here's the indictment:
PDF Link Notice the wording: "make, present, and use a government record" and "intent to defraud and harm another."
Here are the relevant statutory sections:
Texas Penal Code, Title 8 CHAPTER 37. PERJURY AND OTHER FALSIFICATION Now, let me point you to the relevant subsections (note, you can find the definition of "governmental record" in the link above):
Look at Sec. 37.10. TAMPERING WITH GOVERNMENTAL RECORD.
"(a) A person commits an offense if he:
...
(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;
or ...
(5) makes, presents, or uses a governmental record with knowledge of its falsity;
...
(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.
...
(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."
Now, let's look at the defenses:
"(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."
Since one of the government's purposes behind a driver's license is to prove identity for myriad reasons, this defense fails.
Guess what you don't see in this statute? Anything whatsoever to do with journalists or investigations by joe blow. There is no exception for journalists. There is no exception for these types of "investigations." You use a fake ID in Texas to buy beer, get into a movie or bar, create fake identities to set up fake companies, etc., you can be prosecuted with a misdemeanor. Use a fake ID to "defraud or harm another," you can be prosecuted with a felony. Feel free to him and haw about the wrongdoers' intent, but as all antichoice wackjobs will tell you "the ends always justify the means." At least these crusaders aren't culpable for any murders.
Oh wait.
Here's how non-partisan this is (
from Slate):
"A Republican district attorney was appointed by a Republican lieutenant governor to unearth criminal dirt on Planned Parenthood and instead indicted the videographers."
Edited, Feb 13th 2016 1:36am by Addikeys