Fact situation: Man stopped by DPS on highway has criminal record and doesn't want trooper to know. He gives the trooper the name and birthdate of an old high school acquaintance. Passenger in the car is arrested for POM. Preparing for the passenger's trial a young prosecutor (me) reviews the videotape and discovers the man is not who he claims to be. Later, the prosecutor seeks and gets an indictment for fraudulent use of identifying information.

Questions:
The defense counsel is whining that this should just be a misdemeanor false report to a peace officer. Am I being too zealous in my usage of the statute?

If not, and Section 32.51(e) means what I think it does, wouldn't 32.51 (as a SJF) always be a stronger remedy to seek when someone gives false identifiers to a police officer?

Also, I'm curious if anyone has advice on the subject of trying such a case.

Thanks.

As I read the statute the person must be using the false ID with the intent to "harm or defraud another". I can certainly see how the use of the ID was meant to benefit the defendant but who was the defendant "itending" to harm or defraud? I think this law was meant to penalize those that your false ID to get access to people finances or credit rating.

Did the driver get arrested? If so, assuming that he carried the "other guy" identification story all the way through the book-in process, you could go with either forgery (on the bail bond) or tampering with a governmental record.

Otherwise, I agree with Richard. I don't think you can get there on the intent to harm element.

I had one case with a similar fact pattern as yours, except when the officer ran the name of the friend whose name was used, the friend had active warrants. When the defendant was handcuffed and told about the warrants, suddenly he remembered his real name!!