Failure to Identify or Giving False ID

Failure to Identify under Texas Penal Code § 38.02 occurs when a person who has been lawfully arrested or detained refuses to provide their name, date of birth, and residence address to a peace officer, or provides false information. Refusing to identify when lawfully arrested is a Class A Misdemeanor. Refusing to identify when lawfully detained (without arrest) is a Class C Misdemeanor. Providing false information to a peace officer is a Class B Misdemeanor. A person is not required to show ID when simply stopped for questioning without a valid reason.