Has anyone had a case where the defendant simply spoke another person's name and date of birth, for instance, when they did not want to be picked up on warrants, and successfully charged them with Fraudulent Use of ID information?

I can't determine from the statute if an "item" of identifying information means an actual tangible item or is the name and date of birth itself are an "item."

Thanks in advance

Steve Lilley
ADA Hunt County

Why isn't the failure to ID statute the more specific statute in that circumstance?

State v. Smith, No. 04-09-00197-CR, 2009 Tex. App. LEXIS 8440 (San Antonio 4/11/09). Its reviewing an in pari materia claim involving TPC sec. 32.51 and TPC sec. 38.02. SAccording to this case, the use of DOB gets you within 32.51. It might help.

Awesome! Thanks!