Penal Code · §38.02

Failure to Identify

Q: Failure to Identify under §38.02 — refusal to give name, residence address, or DOB — is an offense only if the officer has lawfully:

Arrested the person REFUSAL to identify is an offense only after a lawful arrest (Class C). Giving FALSE name/DOB/address is a separate offense and is broader — it applies after lawful arrest, lawful detention, or while the officer is investigating an offense the person witnessed (Class B). Both are enhanced if the actor is a fugitive from justice (Class A or state jail felony).

(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)

Potential Penalty Enhancements

If this condition applies…	Charge escalates to
Person is a fugitive from justice	Class A / state jail felony

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Worked examples

Worked example 1

Failure to Identify under §38.02 — refusal to give name, residence address, or DOB — is an offense only if the officer has lawfully:

Stopped the person for any reason
Arrested the person Correct
Encountered the person consensually
Driven past the person

Why: REFUSAL to identify is an offense only after a lawful arrest (Class C). Giving FALSE name/DOB/address is a separate offense and is broader — it applies after lawful arrest, lawful detention, or while the officer is investigating an offense the person witnessed (Class B). Both are enhanced if the actor is a fugitive from justice (Class A or state jail felony).

Statute: Tex. Penal Code §38.02

Worked example 2

An officer makes a lawful traffic stop. The driver is not under arrest. The driver gives a false name and birthdate. Charge?

No offense — driver was not arrested
Failure to Identify — refusal — Class C misdemeanor
Failure to Identify — false information after lawful detention — Class B misdemeanor Correct
Tampering with a Government Record — state jail felony

Why: REFUSAL to identify is only an offense after a lawful arrest (Class C). Giving FALSE name/DOB/address is broader: it applies after lawful arrest, lawful detention, or while the officer is investigating an offense the person witnessed. A traffic stop is a detention, so giving false info is a Class B misdemeanor.

Statute: Tex. Penal Code §38.02(b)