Penal Code § 38.02(d)(2) · Class A misdemeanor

FAIL TO ID FUGITIVE INTENT GIVE FALSE INFOTexas Penal Code (PC) § 38.02(d)(2)

“FAIL TO ID FUGITIVE INTENT GIVE FALSE INFO” stands for Fail to Identify Fugitive Intent Give False Information, a Class A misdemeanor under Texas Penal Code (PC) § 38.02(d)(2). It is punishable by up to 1 year in county jail and a fine up to $4,000.

Below: how these cases end in Texas courts, how long they take, and the punishment.

44%
Not convicted
148 days
Median time to resolve
$2,500
Median bail

What does “FAIL TO ID FUGITIVE INTENT GIVE FALSE INFO” mean?

“FAIL TO ID FUGITIVE INTENT GIVE FALSE INFO” stands for Fail to Identify Fugitive Intent Give False Information, a Class A misdemeanor under Texas PC § 38.02(d)(2).

Texas Penal Code § 38.02 defines failure to identify. The underlying conduct here is § 38.02(b): intentionally giving a false or fictitious name, residence address, or date of birth to a peace officer who has lawfully arrested the person, has lawfully detained the person, or has requested the information from someone the officer has good cause to believe witnessed a criminal offense. This Class A misdemeanor filing is the fugitive variant graded under § 38.02(d)(2): the State must additionally show that the person was a fugitive from justice at the time of the offense. The fugitive status is what elevates the charge above the ordinary Class B false-identification variant graded under § 38.02(c)(2), and the giving of false information — rather than a mere refusal to answer — is what distinguishes it from the fugitive-refusal variant under § 38.02(d)(1).

What usually happens to a FAIL TO ID FUGITIVE INTENT GIVE FALSE INFO charge?

44% ended without a conviction, 4% in deferred adjudication and 52% in a conviction.

How 4,327 resolved FAIL TO ID FUGITIVE INTENT GIVE FALSE INFO charges filed 2019–2023 ended, across 14 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, Denton, FortBend, Galveston, Hays, Montgomery, Rockwall, Travis, Williamson):

44%
Not convicted (1,885)
Dismissed by the prosecutor36%
Dismissed after a diversion program0%
Dismissed, but convicted on a companion charge1%
Dismissed — refiled or handled in another case7%
4%
Deferred adjudication (180)
Deferred adjudication4%
52%
Convicted (2,249)
Guilty or no-contest plea52%
Plea to a lesser charge0%
Found guilty at trial0%
Convicted (plea vs. trial not recorded)0%
CountyResolvedNot convictedDeferredConvictedMedian days
Collin1,425 28%7%65% 141
Dallas788 80%2%17% 153
Denton452 22%7%70% 199
Brazoria365 31%3%66% 90
Galveston334 49%0%51% 77
Hays328 48%1%51% 305
FortBend212 54%1%44% 194
Williamson211 54%1%45% 65
Comal119 41%3%54% 145

Outcome is the final disposition recorded on the charge. “Other” (13) covers waived counts, bond forfeitures, transfers and unrecorded outcomes. Bexar County records disposition dates but not outcomes, so it counts toward time-to-disposition only. Tarrant County criminal records are not in this dataset.

How long does a FAIL TO ID FUGITIVE INTENT GIVE FALSE INFO case take to resolve?

Typically about 5 months: half of resolved cases closed within 148 days of filing.

Across 4,327 resolved FAIL TO ID FUGITIVE INTENT GIVE FALSE INFO charges filed 2019–2023, the median time from filing to disposition was 148 days. The middle half took between 38 and 365 days.

Time depends on the county's docket, whether the case is set for trial, and plea negotiations.

How did real FAIL TO ID FUGITIVE INTENT GIVE FALSE INFO cases end?

Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.

Ended without a conviction

2026NPA0886 · Comal County
Filed Aug 24, 2026 → Dismissed by the prosecutor Aug 24, 2026
Non-Prosecution Affidavit
26-03361-2 · Williamson County
Filed Jun 4, 2026 → Dismissed by the prosecutor Aug 21, 2026 (3 months)
Dismissed - Other
26-CCR-250182 · FortBend County
Filed Mar 25, 2026 → Dismissed by the prosecutor Aug 18, 2026 (5 months) · plea: not guilty
Dismissed
CR-2021-07344-D · Denton County
Filed Sep 2, 2021 → Dismissed by the prosecutor Aug 14, 2026 (59 months)
Dismissed

Deferred adjudication

2026CR0165 · Comal County
Filed Feb 9, 2026 → Deferred adjudication Aug 25, 2026 (6 months) · plea: guilty
CSCD 12 Months with Community Service of 30 Hours
CR-2026-04714-D · Denton County
Filed Jun 25, 2026 → Deferred adjudication Jul 27, 2026 (1 month) · plea: nolo contendere
CSCD 15 Months with Community Service of 80 Hours
001-83401-2026 · Collin County
Filed Apr 15, 2026 → Deferred adjudication Jun 19, 2026 (2 months) · plea: guilty
CSCD 6 Months with Community Service of 20 Hours Condition - Adult:
272156 · Brazoria County
Filed Apr 16, 2026 → Deferred adjudication May 14, 2026 (1 month) · plea: guilty
CSCD 12 Months with Community Service of 0 Hours $300 fine - No Early Termination

Ended in a conviction

CR-2026-06601-A · Denton County
Filed Aug 19, 2026 → Guilty or no-contest plea Aug 25, 2026 · plea: nolo contendere
Confinement to Commence 08/25/2026 14 Days , County Jail, Denton County Jail Jail Credit 14 Days
23-00288-2 · Williamson County
Filed Jan 20, 2023 → Guilty or no-contest plea Aug 14, 2026 (43 months) · plea: guilty
Fees - Adult: (Grand Total: $365.00) Due 08/14/2026 Fine: $0.00 Fees: (Fees Total: $365.00) Additional Court Costs: $365.00 Comment: Court Cost $270 + Reimbursement Fees $95 = Total $365. Court Cost are washed Confinemen
25CCR07113 · Bell County
Filed Oct 31, 2025 → Guilty or no-contest plea Aug 7, 2026 (9 months) · plea: nolo contedere
Sentenced - Local Jail (OCA) Confinement Confinement to Commence: 08/07/2026 90 Days, County Jail, County Jail Jail Credit 49 Days
26-CCR-249910 · FortBend County
Filed Mar 20, 2026 → Guilty or no-contest plea Aug 4, 2026 (5 months) · plea: guilty
Convicted

What is the punishment for Fail to Identify Fugitive Intent Give False Information in Texas?

Up to 1 year in county jail and a fine up to $4,000.

Charged asPossible confinementFineSource
Class A misdemeanor Up to 1 year in county jail Fine up to $4,000 Penal Code § 12.21

Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.

How much is bail for FAIL TO ID FUGITIVE INTENT GIVE FALSE INFO in Texas?

The median bail is $2,500, and 5% of defendants were released on a personal bond.

Across 51,487 Texas bail settings for this charge (108 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $2,500 (middle half: $1,000 – $5,000). 5% of defendants were released on a personal bond, and bail was denied in 2,958 cases. When this was the only charge at booking (10,002 records), the median was $1,500 and 14% got a personal bond.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
Tarrant 8,349 $1,500 $1,000 – $4,500 3% 4%
Dallas 7,315 $1,500 $1,000 – $2,500 1% 6%
Bexar 3,271 $2,000 $1,000 – $4,000 1% 10%
Travis 2,336 $5,000 $2,500 – $8,000 9% 7%
Harris 1,850 $500 $200 – $1,500 48% 0%

Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.

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Bail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.