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(5) Makes, presents, or uses a governmental record with falsity; or (6) Possesses, sells, or offers to sell a governmental governmental record form with knowledge that it was ok Type of Offense; Punishment of its :cord ~ a blank ined u awfully. • Except for those actions described in items (a)(2) and )(3), a offense under Section 37.10 is a Class A misdemeanor, punis able b a$4000 fine, confinement in jail for a year or both, unless the pe son's i tent is to defraud or harm another, in which event the offense is a tate jai felony. • An offense under this section is a felony of the third degr e(imp sonment of 2 to 10 years plus a fne not to exceed $10,000) if it is hown trial that the government record was a license, certificate, p rmit, al, title, letter of pafent, or similar document issued by govern ent, nless the actor's intent is to defraud or harm another, in which ev nt the ffense is a felony of the second degree (imprisonment for 2 to 20 years lus a fine not to exceed $10,000). Destruction or Transfer of Government Records The destruction or transfer of a government record under the au hority f Section 441.204 of the Texas Government Code is an exception to the pplicat n of this section of the Penal Code and is lawful. Chapter 441 is discuss d in fu er detail in section V below. Affirmative Defenses • It is also an affirmative defense to prosecution for p ssessi n under item (a)(6) above, that the possession occurred in the a tual di harge of official duties as a public servant. • Also, it is a defense to prosecution under subsection (a)(1) (a)(2) or (a)(5) that the false entry or false information could hav no eff ct on the governmenYs purpose for requiring the government recor . Impersonating Public Servant Finally, a person commits an offense under Section 37.11, Servant, if he or she: K:\ETH ICS\RDC3116A Public PAGE 8 1 13