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.
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):
| County | Resolved | Not convicted | Deferred | Convicted | Median days |
|---|---|---|---|---|---|
| Harris | 1,501 | 56% | 7% | 36% | 280 |
| Collin | 491 | 17% | 27% | 56% | 161 |
| Galveston | 160 | 22% | 18% | 60% | 253 |
| FortBend | 133 | 45% | 17% | 38% | 525 |
| Hays | 122 | 23% | 20% | 57% | 391 |
| Dallas | 118 | 35% | 27% | 38% | 195 |
| Rockwall | 114 | 11% | 19% | 69% | 99 |
| Brazoria | 102 | 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
Deferred adjudication
Ended in a conviction
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 as | Possible confinement | Fine | Source |
|---|---|---|---|
| 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.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| 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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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.