Penal Code § 32.51(c)(1) · State jail felony

FRAUD USE/POSS IDENTIFYING INFO # OF ITEMS <5Texas Penal Code (PC) § 32.51(c)(1)

“FRAUD USE/POSS IDENTIFYING INFO # OF ITEMS <5” stands for Fraudulent Use or Possession of Identifying Information (Under 5 Items), a state jail felony under Texas Penal Code (PC) § 32.51(c)(1). It is punishable by 180 days to 2 years in a state jail and a fine up to $10,000.

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

41%
Not convicted
250 days
Median time to resolve
$5,000
Median bail

What does “FRAUD USE/POSS IDENTIFYING INFO # OF ITEMS <5” mean?

“FRAUD USE/POSS IDENTIFYING INFO # OF ITEMS <5” stands for Fraudulent Use or Possession of Identifying Information (Under 5 Items), a state jail felony under Texas PC § 32.51(c)(1).

Texas Penal Code § 32.51, the Texas identity theft statute, makes it an offense to obtain, possess, transfer, or use an item of identifying information of another person without that person's consent, acting with intent to harm or defraud another. The statute equally covers identifying information of a deceased person and of a child younger than 18. "Identifying information" means information that alone or in conjunction with other information identifies a person, including name and date of birth, unique biometric data such as fingerprints or retina images, unique electronic identification numbers or routing codes, telecommunication identifying information or access devices, and Social Security or other government-issued identification numbers. Grading turns on the number of items; subsection (c)(1) is the base state jail felony level, applying when the number of items is fewer than five.

What usually happens to a FRAUD USE/POSS IDENTIFYING INFO # OF ITEMS <5 charge?

41% ended without a conviction, 14% in deferred adjudication and 45% in a conviction.

How 3,011 resolved FRAUD USE/POSS IDENTIFYING INFO # OF ITEMS <5 charges filed 2019–2023 ended, across 14 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, FortBend, Galveston, Harris, Hays, Montgomery, Rockwall, Travis, Williamson):

41%
Not convicted (1,225)
Dismissed by the prosecutor25%
Dismissed after a diversion program1%
Dismissed, but convicted on a companion charge4%
Dismissed — refiled or handled in another case11%
No-billed by the grand jury0%
Acquitted at trial0%
14%
Deferred adjudication (424)
Deferred adjudication14%
45%
Convicted (1,343)
Guilty or no-contest plea39%
Plea to a lesser charge5%
Found guilty at trial0%
Convicted (plea vs. trial not recorded)1%
CountyResolvedNot convictedDeferredConvictedMedian days
Harris1,501 56%7%36% 280
Collin491 17%27%56% 161
Galveston160 22%18%60% 253
FortBend133 45%17%38% 525
Hays122 23%20%57% 391
Dallas118 35%27%38% 195
Rockwall114 11%19%69% 99
Brazoria102 28%19%52% 263

Outcome is the final disposition recorded on the charge. “Other” (19) 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 IDENTIFYING INFO # OF ITEMS <5 case take to resolve?

Typically about 8 months: half of resolved cases closed within 250 days of filing.

Across 3,007 resolved FRAUD USE/POSS IDENTIFYING INFO # OF ITEMS <5 charges filed 2019–2023, the median time from filing to disposition was 250 days. The middle half took between 109 and 483 days.

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

How did real FRAUD USE/POSS IDENTIFYING INFO # OF ITEMS <5 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

196864301010 · Harris County
Filed Jun 16, 2026 → Dismissed by the prosecutor Aug 28, 2026 (2 months)
DISMISSED
26-06-09761 · Montgomery County
Filed Jun 8, 2026 → Dismissed by the prosecutor Aug 20, 2026 (2 months)
Dismissed
20-1011-K277 · Williamson County
Filed Jun 24, 2020 → Dismissed by the prosecutor Jul 30, 2026 (73 months)
Dismissal
NA26-694 · Comal County
Filed Jul 17, 2026 → Dismissed by the prosecutor Jul 17, 2026
Non-Prosecution Affidavit

Deferred adjudication

195599701010 · Harris County
Filed Mar 15, 2026 → Deferred adjudication Aug 26, 2026 (5 months)
F-22-41800 · Dallas County
Filed Dec 15, 2022 → Deferred adjudication Aug 26, 2026 (44 months) · plea: guilty
NAOG - NON-AJUDICATION OF GUILT (AGREED PLEA)
24-DCR-109329 · FortBend County
Filed Oct 28, 2024 → Deferred adjudication Aug 17, 2026 (22 months) · plea: guilty
CSCD 4 Years
25-09-14862 · Montgomery County
Filed Sep 10, 2025 → Deferred adjudication Aug 3, 2026 (11 months) · plea: guilty
CSCD 2 Years with Community Service of 60 Hours $1,500 Fine

Ended in a conviction

26-03-05143 · Montgomery County
Filed Mar 26, 2026 → Guilty or no-contest plea Aug 25, 2026 (5 months) · plea: guilty
Confinement to Commence 08/25/2026 3 Days , County Jail, Montgomery County Sheriff's Office Jail Jail Credit 3 Days 3 Days Time Served
25-DCR-111089 · FortBend County
Filed May 12, 2025 → Plea to a lesser charge Jul 13, 2026 (14 months) · plea: guilty
Convicted - Lesser Charge
CR-24-0442-B · Hays County
Filed Jan 24, 2024 → Guilty or no-contest plea Jul 9, 2026 (30 months) · plea: guilty
Confinement to Commence 07/09/2026 12 Months , State Penitentiary, Department of Corrections Jail Credit 365 Days Concurrent with Prior Sentence
104390-CR · Brazoria County
Filed Aug 21, 2025 → Plea to a lesser charge Jun 19, 2026 (10 months) · plea: guilty
Confinement to Commence 06/19/2026 75 Days , County Jail, Brazoria County Sheriff's Office Jail Credit 39 Days Concurrent with Prior Sentence

What is the punishment for Fraudulent Use or Possession of Identifying Information (Under 5 Items) in Texas?

180 days to 2 years in a state jail and a fine up to $10,000.

Charged asPossible confinementFineSource
State jail felony 180 days to 2 years in a state jail Fine up to $10,000 Penal Code § 12.35

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 IDENTIFYING INFO # OF ITEMS <5 in Texas?

The median bail is $5,000, and 5% of defendants were released on a personal bond.

Across 22,623 Texas bail settings for this charge (82 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $5,000 (middle half: $3,000 – $10,000). 5% of defendants were released on a personal bond, and bail was denied in 2,229 cases. When this was the only charge at booking (3,495 records), the median was $6,000 and 15% got a personal bond.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
Tarrant 2,939 $2,500 $1,500 – $5,000 4% 5%
Dallas 1,513 $5,000 $2,500 – $15,000 1% 9%
Travis 1,493 $7,500 $5,000 – $10,000 16% 6%
Bexar 1,356 $7,500 $5,000 – $10,000 3% 13%
Hays 1,024 $2,500 $500 – $5,000 11% 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.

Charged with FRAUD USE/POSS IDENTIFYING INFO # OF ITEMS <5?

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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.