Transportation 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.

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

SCENARIO. During a routine traffic stop, the driver becomes belligerent and refuses to identify himself. He is not under arrest. What is the driver's legal exposure?

  1. He has committed Failure to Identify
  2. Under §38.02(a), refusal to identify is an offense ONLY after lawful arrest. During a detention, refusal alone is not a crime (though giving FALSE info is — Class B misdemeanor under §38.02(b)). The officer may continue investigation and may arrest if probable cause develops for another offense. Correct
  3. He must produce ID under §38.02(a)
  4. He has committed Resisting Arrest
Why: Texas has no broad 'stop and identify' regime. Mere refusal during a detention is not a crime. Giving FALSE info during a detention IS — Class B misdemeanor.
Statute: Tex. Penal Code §38.02