Penal Code · §38.02
Failure to Identify
Elements
- A person
- Intentionally refuses to give the person's name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information; OR
- Intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who: lawfully arrested the person; lawfully detained the person; or requested the information from a person whom the officer has good cause to believe is a witness to a criminal offense
Penalty
Refusal during arrest (§38.02(a)): Class C misdemeanor — fine up to $500 (§12.23). False information (§38.02(b)): Class B misdemeanor — up to 180 days county jail + up to $2,000 fine (§12.22) when given during detention/witness scenarios; Class A misdemeanor — up to 1 year county jail + up to $4,000 fine (§12.21) when given during arrest.
Enhancements
Bumped one category if the actor was a fugitive from justice at the time of the offense. Detention must be lawful for §38.02(b)(2) to apply — important Fourth Amendment limitation.