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Texas Penal Code - Section 38.02. Failure To Identify

Legal Research Home > Texas Laws > Penal Code > Texas Penal Code - Section 38.02. Failure To Identify

§ 38.02. FAILURE TO IDENTIFY.  (a) A person commits an 
offense if he intentionally refuses to give his name, residence 
address, or date of birth to a peace officer who has lawfully 
arrested the person and requested the information.
	(b)  A person commits an offense if he intentionally gives a 
false or fictitious name, residence address, or date of birth to a 
peace officer who has:
		(1)  lawfully arrested the person;                                            
		(2)  lawfully detained the person;  or                                        
		(3)  requested the information from a person that the 
peace officer has good cause to believe is a witness to a criminal 
offense.
	(c)  Except as provided by Subsections (d) and (e), an 
offense under this section is:
		(1)  a Class C misdemeanor if the offense is committed 
under Subsection (a);  or
		(2)  a Class B misdemeanor if the offense is committed 
under Subsection (b).
	(d)  If it is shown on the trial of an offense under this 
section that the defendant was a fugitive from justice at the time 
of the offense, the offense is:
		(1)  a Class B misdemeanor if the offense is committed 
under Subsection (a);  or
		(2)  a Class A misdemeanor if the offense is committed 
under Subsection (b).
	(e)  If conduct that constitutes an offense under this 
section also constitutes an offense under Section 106.07, Alcoholic 
Beverage Code, the actor may be prosecuted only under Section 
106.07.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1987, 70th Leg., ch. 869, § 1, eff. Sept. 1, 
1987.  Acts 1991, 72nd Leg., ch. 821, § 1, eff. Sept. 1, 1991;  
Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;  Acts 
2003, 78th Leg., ch. 1009, § 1, eff. Sept. 1, 2003.

Last modified: August 11, 2007