Failure to Identify

Chapter 38 of the Texas Penal Code defines offenses relating to the obstruction of governmental operation.

“Failure to Identify”, as per § 38.02 of the Texas Penal Code, occurs when a person A) intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.

Or B) a person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:

1. lawfully arrested the person;

2. lawfully detained the person; or

3. requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.

An offense under A) is a Class C misdemeanor, and offense under B) is a Class B misdemeanor.

If it is shown on the trial of an offense under this section that the defendant was a fugitive from justice at the time of the offense, the offense is raised to the next highest level of severity.

Punishment Range

Misdemeanor C

Fine not to exceed $500

Misdemeanor B

Confinement in jail for a term not to exceed 180 days
Fine not to exceed $2,000
Both such fine and confinement

Misdemeanor A

Confinement in jail for a term not to exceed one year
Fine not to exceed $4,000
Both such fine and confinement

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