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In Texas, if you are stopped on the street by law enforcement, you are not required to show id. Except, unless you are under arrest you are required to give name, address and age only. State penal code 38.02 states you can be charged with a class C misdemeanor for not giving your name, address and age.
If you are being detained, or they think you are a witness to a crime, you can be charged with a Class B misdemeanor for giving false information.
The way the law reads (see below) it is only a crime to not give your information if you are being lawfully arrested. Section A.
Section B says it is a crime to give false information if your are under arrest, detained, or a suspected witness to a crime.
So, I would say that unless you are under arrest you are not required to identify yourself. Of course, if the police want the info bad enough they will trump up some charge to arrest you. Remember, to arrest you they need probable cause. To stop you they only need reasonable suspicion. Reasonable suspicion only means they have to make up any reason they want to stop you which could be something like, you are acting suspicious, you look like a wanted person, we have calls about someone standing outside their own house with a camera. In other words, you have no rights when it comes to the police being able to stop you for any reason they so choose. Welcome to the police state of America.
Sec. 38.02. FAILURE TO IDENTIFY. (a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.
(c) Except as provided by Subsections (d) and (e), an offense under this section is:
(1) a Class C misdemeanor if the offense is committed under Subsection (a); or
(2) a Class B misdemeanor if the offense is committed under Subsection (b).
(d) If it is shown on the trial of an offense under this section that the defendant was a fugitive from justice at the time of the offense, the offense is:
(1) a Class B misdemeanor if the offense is committed under Subsection (a); or
(2) a Class A misdemeanor if the offense is committed under Subsection (b).
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∙ 11y ago
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