A person commits a felony of the third degree if, with intent to deceive or injure anyone, he destroys, removes or conceals any will, deed, mortgage, security instrument or other writing for which the law provides public recording. SOURCE: G.P.C. § 617; *M.P.C. § 224.3; See Cal. § 1146, 1170 (1971); Mass. ch. 266, § 38; N.J. § 2C:21-3. CROSS-REFERENCES: § 46.26 - Lessor included offense; § 43.35 -Theft by deception.
COMMENT: Section 46.25 completely overlaps § 46.20 and thus provides a lesser included offense to the one provided by the latter Section. The purpose of including both Sections is that § 46.20 provides a more severe penalty which may be appropriate where instruments of great importance, such as wills and deeds, are destroyed, removed or concealed. It might be noted that, although § 46.25 provides only for misdemeanor penalties, the conduct envisaged here may also constitute an attempt of a more serious offense and may be punished accordingly.