Penal Code · §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: (a) Refusal: only after a lawful arrest — Class C; (b) Giving false info: lawful arrest OR lawful detention OR officer investigating offense person witnessed — Class B; Fugitive enhancement: Class A or state jail.

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

  • (a) Refusal: only after a lawful arrest — Class C
  • (b) Giving false info: lawful arrest OR lawful detention OR officer investigating offense person witnessed — Class B
  • Fugitive enhancement: Class A or state jail
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

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

  1. Stopped the person for any reason
  2. Arrested the person Correct
  3. Encountered the person consensually
  4. 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?

  1. No offense — driver was not arrested
  2. Failure to Identify — refusal — Class C misdemeanor
  3. Failure to Identify — false information after lawful detention — Class B misdemeanor Correct
  4. 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)