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

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.

$5,000
Median cash bail
5%
Released on personal bond
22,623
Bail records

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 asShare of bail recordsPossible confinementFineSource
State jail felony100% 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.

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.

Recent FRAUD USE/POSS IDENTIFYING INFO # OF ITEMS <5 cases

CaseCountyFiledDisposedOutcome
196951201010HarrisJun 23, 2026Aug 28, 2026Dismissed by the prosecutor
196864301010HarrisJun 16, 2026Aug 28, 2026Dismissed by the prosecutor
197568601010HarrisAug 7, 2026Aug 28, 2026Dismissed by the prosecutor
197717401010HarrisAug 19, 2026Aug 28, 2026Dismissed by the prosecutor
196986101010HarrisJun 25, 2026Aug 28, 2026Dismissed by the prosecutor
196828101010HarrisJun 13, 2026Aug 28, 2026Dismissed by the prosecutor
197607401010HarrisAug 11, 2026Aug 27, 2026Dismissed by the prosecutor
196629801010HarrisMay 30, 2026Aug 27, 2026Dismissed by the prosecutor
196238801010HarrisMay 1, 2026Aug 27, 2026Dismissed by the prosecutor
196243701010HarrisMay 2, 2026Aug 26, 2026Dismissed by the prosecutor

Related charges

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.