TCA 40-13-212
Alleging fraud
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What does this charge mean?
In fraud cases, prosecutors do not need to specify the exact type of fraud intended or name the specific person defrauded—they can simply allege the defendant fraudulently possessed or hid something. When the fraud is meant to harm the public (not one person), prosecutors can allege intent to defraud "generally" without naming who was targeted. These are procedural simplifications with no criminal penalty.
Penalty Details
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Penalty SummaryClassification not specified
(a) In all prosecutions for offenses where the fraudulent possession or concealment of the thing constitutes the offense, it shall be sufficient to allege in the indictment that the party charged did fraudulently keep in possession or conceal the thing, without averring the particular species of fraud the party intended to commit or that any particular person was intended to be defrauded. Ask a legal question, get an answer ASAP!(b) In indictments, when an intent to injure or defraud the public, and not a particular individual, is required to constitute the offense, it is sufficient to allege an intent to injure or defraud generally, without naming the particular person, state, government or body corporate intended to be defrauded.
View on official sourceLast verified: Feb 25, 2026
Quick Facts
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TCA Section40-13-212