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.

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

Key points

  • (a) Refusal to give name, address, or date of birth after a lawful arrest — Class C
  • (b-1) A lawfully detained driver who fails to display a license and refuses to give the required information — Class C
  • (b) Giving false information after a lawful arrest or detention, or to an officer investigating an offense the person witnessed — Class B
  • Fugitive from justice: (a) refusal becomes Class B; (b) false information becomes Class A (§38.02(d))
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 to
Person is a fugitive from justiceClass A / state jail felony

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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.