Penal Code · §32.51

Fraudulent Use or Possession of Identifying Information

Fraudulent Use or Possession of Identifying Information (§32.51): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • Obtains, possesses, transfers, or uses identifying information of another
  • Without consent, with intent to harm or defraud
  • Graded by the number of items of information: fewer than 5 = state jail felony; 5–9 = 3rd degree; 10–49 = 2nd degree; 50 or more = 1st degree (§32.51(c))

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Worked examples

Worked example 1

Fraudulent Use or Possession of Identifying Information under §32.51 (involving items identifying fewer than 5 persons) is what level of offense?

  1. Class A misdemeanor
  2. State jail felony Correct
  3. 3rd degree felony
  4. 2nd degree felony
Why: Fraudulent Use or Possession of Identifying Information is a state jail felony if items identifying fewer than 5 persons are involved; it climbs the felony ladder as the number of victims increases (5–9: 3rd degree; 10–49: 2nd degree; 50+: 1st degree).
Statute: Tex. Penal Code §32.51