FRAUD USE/POSS IDENTIFYING INFO # OF ITEMS <5
Fraud USE/POSS Identifying Information # of Items under 5 in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.
What “FRAUD USE/POSS IDENTIFYING INFO # OF ITEMS <5” means
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.
| 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.
Bail for FRAUD USE/POSS IDENTIFYING INFO # OF ITEMS <5 in Texas
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.
How real FRAUD USE/POSS IDENTIFYING INFO # OF ITEMS <5 cases ended
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
Related charges
- FRAUD USE/POSS IDENTIFYING INFO # ITEMS 5<10 § 32.51(c)(2)
- FRAUD USE/POSS IDENTIFYING INFO # ITEMS 10<50 § 32.51(c)(3)
- FRAUD USE/POSS IDENT INFO # ITEMS <5 ELDERLY § 32.51(c-1)
- FRAUD USE/POSS IDENT INFO # ITEMS 50 OR MORE § 32.51(c)(4)
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.