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