FRAUD USE/POSS IDENT INFO # ITEMS <5 ELDERLYTexas Penal Code (PC) § 32.51(c-1)
“FRAUD USE/POSS IDENT INFO # ITEMS <5 ELDERLY” stands for Fraudulent Use or Possession of Identifying Information (Under 5 Items, Elderly Victim), a third-degree felony under Texas Penal Code (PC) § 32.51(c-1). It is punishable by 2 to 10 years in prison and a fine up to $10,000.
Below: how these cases end in Texas courts, how long they take, and the punishment.
What does “FRAUD USE/POSS IDENT INFO # ITEMS <5 ELDERLY” mean?
“FRAUD USE/POSS IDENT INFO # ITEMS <5 ELDERLY” stands for Fraudulent Use or Possession of Identifying Information (Under 5 Items, Elderly Victim), a third-degree felony under Texas PC § 32.51(c-1).
Texas Penal Code § 32.51 defines fraudulent use or possession of identifying information — obtaining, possessing, transferring, or using another person's identifying information without consent, with intent to harm or defraud. This charge reflects subsection (c-1), an enhancement provision: the offense is raised to the next higher category when it is shown at trial that it was committed against an elderly individual, meaning a person 65 years of age or older as that term is defined for purposes of Texas Penal Code § 22.04. Here the underlying count involves fewer than five items of identifying information, which is ordinarily the state jail felony baseline; the elderly-victim finding elevates the charge one level to a third-degree felony. The State must therefore prove the fraudulent obtaining, possession, transfer, or use plus the victim's qualifying age.
What usually happens to a FRAUD USE/POSS IDENT INFO # ITEMS <5 ELDERLY charge?
37% ended without a conviction, 20% in deferred adjudication and 42% in a conviction.
How 179 resolved FRAUD USE/POSS IDENT INFO # ITEMS <5 ELDERLY charges filed 2019–2023 ended, across 11 counties (Bell, Brazoria, Collin, Comal, Dallas, FortBend, Galveston, Hays, Montgomery, Rockwall, Williamson):
Outcome is the final disposition recorded on the charge. “Other” (1) 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 FRAUD USE/POSS IDENT INFO # ITEMS <5 ELDERLY case take to resolve?
Typically about 12 months: half of resolved cases closed within 355 days of filing.
Across 179 resolved FRAUD USE/POSS IDENT INFO # ITEMS <5 ELDERLY charges filed 2019–2023, the median time from filing to disposition was 355 days. The middle half took between 194 and 554 days.
Time depends on the county's docket, whether the case is set for trial, and plea negotiations.
How did real FRAUD USE/POSS IDENT INFO # ITEMS <5 ELDERLY 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 Fraudulent Use or Possession of Identifying Information (Under 5 Items, Elderly Victim) in Texas?
2 to 10 years in prison and a fine up to $10,000.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| Third-degree felony | 2 to 10 years in prison (TDCJ) | Fine up to $10,000 | Penal Code § 12.34 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
How much is bail for FRAUD USE/POSS IDENT INFO # ITEMS <5 ELDERLY in Texas?
The median bail is $10,000, and 5% of defendants were released on a personal bond.
Across 1,778 Texas bail settings for this charge (15 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $10,000 (middle half: $5,000 – $20,000). 5% of defendants were released on a personal bond, and bail was denied in 163 cases. When this was the only charge at booking (325 records), the median was $10,000 and 16% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Tarrant | 240 | $5,000 | $2,500 – $10,000 | 1% | 1% |
| Bexar | 153 | $12,000 | $5,000 – $20,000 | 4% | 13% |
| Parker | 136 | $15,000 | $10,000 – $15,000 | 0% | 0% |
| Lubbock | 93 | $10,000 | $5,000 – $15,000 | 0% | 10% |
| Ector | 63 | $10,000 | $10,000 – $25,000 | 0% | 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.
Charged with FRAUD USE/POSS IDENT INFO # ITEMS <5 ELDERLY?
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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.