Failure to Identify - Texas Gang Investigators Association

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Failure to Identify

Penal Code

P.C. 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 intentio
nally 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.

 
 
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