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.
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):
| County | Resolved | Not convicted | Deferred | Convicted | Median days |
|---|---|---|---|---|---|
| Harris | 4,200 | 81% | 0% | 19% | 114 |
| Collin | 562 | 45% | 13% | 42% | 184 |
| Dallas | 412 | 80% | 3% | 15% | 164 |
| Denton | 212 | 28% | 9% | 63% | 256 |
| Hays | 196 | 71% | 3% | 26% | 446 |
| Galveston | 134 | 62% | 1% | 35% | 118 |
| FortBend | 130 | 68% | 5% | 28% | 300 |
| Williamson | 121 | 70% | 2% | 28% | 204 |
| Brazoria | 115 | 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
Deferred adjudication
Ended in a conviction
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 as | Possible confinement | Fine | Source |
|---|---|---|---|
| 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.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| 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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Find a Defense AttorneyBail 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.