Sec. 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.
(b-1) A person commits an offense if the person:
(1) is an operator of a motor vehicle, as defined by Section 32.34, who is lawfully detained by a peace officer for an alleged violation of a law;
(2) fails to provide or display the person's driver's license on the officer's request for the license; and
(3) intentionally refuses to give the person's name, driver's license number, residence address, or date of birth to the peace officer on the officer's request for that information.
(b-2) For purposes of Subsection (b-1)(3), giving a peace officer a residence address that is different from the address associated with the person's driver's license does not constitute a refusal to give the person's residence address in violation of that provision if the address given to the officer is the person's actual residence address.
(c) Except as provided by Subsections (d) and (d-1), an offense under this section is:
(1) a Class C misdemeanor if the offense is committed under Subsection (a) or (b-1); 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).
(d-1) An offense under Subsection (b-1) is a Class B misdemeanor if it is shown on the trial of the offense that the actor gave a false or fictitious name to the peace officer during the commission of the offense.
(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.
(f) Subject to Subsection (e), if conduct that constitutes an offense under Subsection (b-1) also constitutes an offense under any other law, the actor may be prosecuted under that subsection, the other law, or both.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1987, 70th Leg., ch. 869, Sec. 1, eff. Sept. 1, 1987. Acts 1991, 72nd Leg., ch. 821, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1009, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1164 (S.B. 1551), Sec. 1, eff. September 1, 2023.
Notes of Decisions
Cited in
165
cases (
25 in the last 5 years), 1981–2026 · leading case:
York v. State, 342 S.W.3d 528 (Tex. Crim. App. 2011).
York v. State, 342 S.W.3d 528 (Tex. Crim. App. 2011).
· cites it 8× “") (2) Officer Johnson testified that the "rear windows" were down, not just the driver's rear window. (3) Officer Johnson did not testify about appellant's "Chapel Hill" statement.”
Phillip Turner v. Driver, 848 F.3d 678 (5th Cir. 2017).
· cites it 2× “177, 188 (2004)); see also TEX. PENAL CODE § 38.02(a). 82 Flores, 381 F.”
St. George v. State, 237 S.W.3d 720 (Tex. Crim. App. 2007).
· cites it 2× “2001) & Tex. Pen.Code Ann. § 38.02 (Vernon 2006).”
St. George v. State, 197 S.W.3d 806 (Tex. App. 2006).
· cites it 3× “(b) A person commits an offense if he reports or gives a false or fictitious name, residence address, or date of birth to a peace officer who has lawfully arrested the person or who has requested the information from a person that the peace officer has good cause to believe is a…”
Lerma v. State, 543 S.W.3d 184 (Tex. Crim. App. 2018).
“"Except as authorized by this chapter, a person commits an offense if the person knowingly possesses a controlled substance listed in Penalty Group 2-A, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the…”
Sauceda v. City of San Benito, 78 F.4th 174 (5th Cir. 2023).
· cites it 4× “See Tex. Penal Code § 38.02(a). As Sauceda walked a few steps toward his house, Lopez began to open Sauceda’s gate.”
Jones, Christina Carletta, 396 S.W.3d 558 (Tex. Crim. App. 2013).
· cites it 3× “Initially, Jones pleaded not guilty to both indictments and filed a plea to the jurisdiction on the grounds that, under the in pan materia doctrine, she should have been charged with two instances of failing to identify under Texas Penal Code § 38.02(b). Following a hearing on…”
Eduardo Trejo v. Ivan Perez, 693 F.2d 482 (5th Cir. 1982).
· cites it 3× “Perez argues that the trial court erred in not allowing the jury to find that he had probable cause to arrest Trejo for violating the Texas “Stop and Identify” statute, Tex. Penal Code Ann. § 38.02 , and in not submitting his affirmative defense of good faith.”
Smith v. State, 363 S.W.3d 761 (Tex. App. 2012).
· cites it 4× “See Tex. Penal Code Ann. § 38.02 (b) (West 2011).”
State v. Stevenson, 958 S.W.2d 824 (Tex. Crim. App. 1997).
· cites it 2× “Texas Penal Code § 38.02(a). That provision does not apply to the present case because appellee was not under arrest when the questions were asked.”
Oliver v. Woods, 209 F.3d 1179 (10th Cir. 2000).
· cites it 2× “Brown continued to refuse to identify himself, the officers arrested him for violating Texas Penal Code Ann. § 38.02(a), which provides: “ ‘A person commits an offense if he intentionally refuses to report or gives a false report of his name and residence address to a peace…”
— Tex. Penal Code § 38.02(a) — 27 cases
Phillip Turner v. Driver, 848 F.3d 678 (5th Cir. 2017).
“177, 188 (2004)); see also TEX. PENAL CODE § 38.02(a). 82 Flores, 381 F.”
Sauceda v. City of San Benito, 78 F.4th 174 (5th Cir. 2023).
“See Tex. Penal Code § 38.02(a). As Sauceda walked a few steps toward his house, Lopez began to open Sauceda’s gate.”
State v. Stevenson, 958 S.W.2d 824 (Tex. Crim. App. 1997).
“Texas Penal Code § 38.02(a). That provision does not apply to the present case because appellee was not under arrest when the questions were asked.”
Oliver v. Woods, 209 F.3d 1179 (10th Cir. 2000).
“Brown continued to refuse to identify himself, the officers arrested him for violating Texas Penal Code Ann. § 38.02(a), which provides: “ ‘A person commits an offense if he intentionally refuses to report or gives a false report of his name and residence address to a peace…”
— Tex. Penal Code § 38.02(b) — 26 cases
York v. State, 342 S.W.3d 528 (Tex. Crim. App. 2011).
“") (2) Officer Johnson testified that the "rear windows" were down, not just the driver's rear window. (3) Officer Johnson did not testify about appellant's "Chapel Hill" statement.”
Jones, Christina Carletta, 396 S.W.3d 558 (Tex. Crim. App. 2013).
“Initially, Jones pleaded not guilty to both indictments and filed a plea to the jurisdiction on the grounds that, under the in pan materia doctrine, she should have been charged with two instances of failing to identify under Texas Penal Code § 38.02(b). Following a hearing on…”
— Tex. Penal Code § 38.02(b)(1) — 5 cases
York v. State, 342 S.W.3d 528 (Tex. Crim. App. 2011).
“") (2) Officer Johnson testified that the "rear windows" were down, not just the driver's rear window. (3) Officer Johnson did not testify about appellant's "Chapel Hill" statement.”
— Tex. Penal Code § 38.02(b)(2) — 6 cases
Lerma v. State, 543 S.W.3d 184 (Tex. Crim. App. 2018).
“"Except as authorized by this chapter, a person commits an offense if the person knowingly possesses a controlled substance listed in Penalty Group 2-A, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the…”
— Tex. Penal Code § 38.02(d) — 4 cases
— Tex. Penal Code § 38.02(d)(1) — 1 case
— Tex. Penal Code § 38.02(d)(2) — 1 case
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