Penal Code § 38.02(c)(2) · Class B misdemeanor

FAIL TO IDENTIFY GIVING FALSE/FICTITIOUS INFOTexas Penal Code (PC) § 38.02(c)(2)

“FAIL TO IDENTIFY GIVING FALSE/FICTITIOUS INFO” stands for Failure to Identify by Giving False or Fictitious Information, a Class B misdemeanor under Texas Penal Code (PC) § 38.02(c)(2). It is punishable by up to 180 days in county jail and a fine up to $2,000.

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

73%
Not convicted
148 days
Median time to resolve
$2,000
Median bail

What does “FAIL TO IDENTIFY GIVING FALSE/FICTITIOUS INFO” mean?

“FAIL TO IDENTIFY GIVING FALSE/FICTITIOUS INFO” stands for Failure to Identify by Giving False or Fictitious Information, a Class B misdemeanor under Texas PC § 38.02(c)(2).

Texas Penal Code § 38.02 defines failure to identify. This Class B misdemeanor variant, graded under § 38.02(c)(2), rests on § 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 a person the officer has good cause to believe is a witness to a criminal offense. It differs from the refusal variant under § 38.02(a), which applies only after a lawful arrest and only to refusing to give the information: giving false identifying information is an offense in the broader settings of arrest, lawful detention, and witness inquiries. If the person is also shown to have been a fugitive from justice, the false-information conduct is graded higher under § 38.02(d)(2).

What usually happens to a FAIL TO IDENTIFY GIVING FALSE/FICTITIOUS INFO charge?

73% ended without a conviction, 2% in deferred adjudication and 24% in a conviction.

How 6,215 resolved FAIL TO IDENTIFY GIVING FALSE/FICTITIOUS INFO charges filed 2019–2023 ended, across 14 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, Denton, FortBend, Galveston, Harris, Hays, Rockwall, Travis, Williamson):

73%
Not convicted (4,555)
Dismissed by the prosecutor67%
Dismissed, but convicted on a companion charge5%
Dismissed — refiled or handled in another case2%
2%
Deferred adjudication (148)
Deferred adjudication2%
24%
Convicted (1,499)
Guilty or no-contest plea24%
Plea to a lesser charge0%
Convicted (plea vs. trial not recorded)0%
CountyResolvedNot convictedDeferredConvictedMedian days
Harris4,200 81%0%19% 114
Collin562 45%13%42% 184
Dallas412 80%3%15% 164
Denton212 28%9%63% 256
Hays196 71%3%26% 446
Galveston134 62%1%35% 118
FortBend130 68%5%28% 300
Williamson121 70%2%28% 204
Brazoria115 29%5%66% 146

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 IDENTIFY GIVING FALSE/FICTITIOUS INFO case take to resolve?

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

Across 6,213 resolved FAIL TO IDENTIFY GIVING FALSE/FICTITIOUS INFO charges filed 2019–2023, the median time from filing to disposition was 148 days. The middle half took between 32 and 350 days.

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

How did real FAIL TO IDENTIFY GIVING FALSE/FICTITIOUS 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

25-CCR-247798 · FortBend County
Filed Jan 29, 2026 → Dismissed by the prosecutor Aug 25, 2026 (7 months) · plea: not guilty
Dismissed
263321801010 · Harris County
Filed Aug 3, 2026 → Dismissed by the prosecutor Aug 24, 2026 (1 month)
DISMISSED
2026NPA0883 · Comal County
Filed Aug 21, 2026 → Dismissed by the prosecutor Aug 21, 2026
Non-Prosecution Affidavit
61,280 · Bastrop County
Filed Apr 17, 2026 → Dismissed by the prosecutor Aug 20, 2026 (4 months)
Dismissed

Deferred adjudication

CR-2026-01511-C · Denton County
Filed Mar 12, 2026 → Deferred adjudication Aug 19, 2026 (5 months) · plea: nolo contendere
CSCD 18 Months with Community Service of 40 Hours
2026CR0133 · Comal County
Filed Jan 30, 2026 → Deferred adjudication Jul 29, 2026 (6 months)
Deferred
003-84899-2026 · Collin County
Filed Jun 1, 2026 → Deferred adjudication Jun 26, 2026 (1 month) · plea: guilty
CSCD 12 Months with Community Service of 24 Hours Condition - Adult:
256467701010 · Harris County
Filed May 17, 2025 → Deferred adjudication May 15, 2026 (12 months)
DEFERRED ADJ SENTENCE MODIFIED

Ended in a conviction

CR-2023-04078-B · Denton County
Filed Jun 26, 2023 → Guilty or no-contest plea Aug 12, 2026 (38 months) · plea: nolo contendere
Confinement to Commence 08/12/2026 60 Days , County Jail, Denton County Jail Jail Credit 100 Days
26-CCR-251688 · FortBend County
Filed Jun 26, 2026 → Guilty or no-contest plea Aug 12, 2026 (2 months) · plea: guilty
Convicted
61,242 · Bastrop County
Filed Apr 15, 2026 → Guilty or no-contest plea Aug 6, 2026 (4 months) · plea: nolo contendere
Confinement to Commence 08/06/2026 3 Days , County Jail, Bastrop County Jail Jail Credit 3 Days
2025CR1274 · Comal County
Filed Dec 23, 2025 → Guilty or no-contest plea Jul 27, 2026 (7 months) · plea: guilty
Confinement to Commence 07/27/2026 26 Days , County Jail, Comal County Jail Jail Credit 26 Days

What is the punishment for Failure to Identify by Giving False or Fictitious Information in Texas?

Up to 180 days in county jail and a fine up to $2,000.

Charged asPossible confinementFineSource
Class B misdemeanor Up to 180 days in county jail Fine up to $2,000 Penal Code § 12.22

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 IDENTIFY GIVING FALSE/FICTITIOUS INFO in Texas?

The median bail is $2,000, and 9% of defendants were released on a personal bond.

Across 29,064 Texas bail settings for this charge (95 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $2,000 (middle half: $1,000 – $4,000). 9% of defendants were released on a personal bond, and bail was denied in 687 cases. When this was the only charge at booking (6,538 records), the median was $1,000 and 18% got a personal bond.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
Tarrant 3,487 $1,000 $500 – $2,000 11% 2%
Dallas 3,061 $1,000 $500 – $2,000 3% 3%
Bexar 1,799 $1,200 $1,000 – $2,000 8% 4%
Travis 1,460 $3,000 $1,500 – $6,000 20% 3%
El Paso 1,154 $1,500 $1,000 – $5,000 13% 3%

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.