I have a police department that thinks use of another's identifying information in connection with issuance of traffic citations should be charged as a state jail felony under 32.51. One commentator suggests this offense was designed to reach inchoate activity preparatory to credit card abuse and forgery. Plus, (1) 38.02(b) still seems to more specifically describe the conduct to me and (2) I question how you would prove an intent to defraud or harm (since actual intent seems to be to avoid or delay prosecution for the traffic offense). I understand the misidentified person is later harmed (e.g. when arrested for failure to appear), but was that the intent of the actor? One of my cases involves the use of a stolen driver's license (don't ask me why the officer thought the photo was that of her suspect). Seems like that might fit under 37.09(a)(2), though I am not certain it was the document that was false instead of the suspect's statement that it was her license. Any thoughts about whether the conduct was anything more than a Class C offense? I seem to recall some similar discussion about this type of problem in the past.

We have handled this as a Class A under sub c/1. Of course, when the drunk gave a false name and DOB for himself to the trooper - and the jail - and the bondsman - and the court - and the probation officer........we called that one a felony!

I found the earlier comments on the topic. Intent Anyone had any new thoughts since January, 2004? The new fact in the latest scenario I am evaluating is that the person detained had an outstanding warrant? Does that indicate an intent to "defraud"? Still seems to even more clearly be the harm designed to be prevented by 38.02, but the magistrate agreed with the officer that the conduct was a felony.