Code of Criminal Procedure · §38.02

Failure to Identify

(a) Refusal to give name, residence address, or DOB to peace officer who has lawfully ARRESTED the person — Class C. (b) Giving FALSE name, residence address, or DOB to peace officer who has lawfully arrested OR lawfully detained the person, OR is investigating an offense the person witnessed — Class B.

To prove this offense, the State must establish each of the following elements: Refusal: only after lawful arrest (Class C); False info: after lawful arrest, lawful detention, or while investigating offense person witnessed (Class B); Mere refusal during a Terry stop is not itself a Texas offense.

The base classification is Class C / Class B (default), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Elements you must prove

  • Refusal: only after lawful arrest (Class C)
  • False info: after lawful arrest, lawful detention, or while investigating offense person witnessed (Class B)
  • Mere refusal during a Terry stop is not itself a Texas offense
Texas Law — Charge Details
Class C Misd. → State Jail Felony
Offense
Failure to Identify
Statute
Tex. Penal Code §38.02
Classification
Class C / Class B (default)

(a) Refusal to give name, residence address, or DOB to peace officer who has lawfully ARRESTED the person — Class C. (b) Giving FALSE name, residence address, or DOB to peace officer who has lawfully arrested OR lawfully detained the person, OR is investigating an offense the person witnessed — Class B.

Potential Penalty Enhancements
If this condition applies…Charge escalates toStatute
Person is a fugitive from justiceClass A / state jail felony§38.02(d)

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Worked examples

Worked example 1

Under Texas law, an officer's authority to detain a person for ID is governed by which framework?

  1. An officer can demand ID anywhere, anytime
  2. A person is required to provide name, residence address, and DOB only after a lawful arrest, OR if lawfully detained, must provide accurate info if asked (false info under §38.02 is the offense), but mere refusal during detention is not an arrestable offense Correct
  3. Texas has full 'stop-and-identify' law for any encounter
  4. Officers may never request ID
Why: Texas does not have a broad 'stop and identify' regime. Refusal to identify is an offense only after lawful arrest (Class C). Giving false info is an offense after lawful arrest, lawful detention, or while officer investigating offense witnessed.
Statute: Tex. Penal Code §38.02; Hiibel v. Sixth Judicial Dist. Ct.