January 21, 2009, 15:58
Gordon LeMaireIdentifying information 32.51
The definition of "identifying information" in 32.51(a)(1)(A) includes, name and social security number, date of birth, or government issued id number.
Question: D gives name and date of birth of another to trooper at his arrest. Is this enough for a charge under 32.51?
January 22, 2009, 05:19
Mac McIntoshI couldn't imagine that working at all. It has to be done with the intent to harm or defraud another, and I seriously doubt "defraud" would apply in that case.
False ID to Peace Officer.
January 22, 2009, 08:43
J AnsolabehereWhat about charging him under Section 38.02(b) for intentionally giving the Trooper a false name while lawfully detained? Failure to Identify seems to fit the facts as stated better than 32.51.
Janette A
January 22, 2009, 10:39
Gordon LeMaireWhat if he had done the same before?
January 22, 2009, 10:46
JamesI have done this in cases where they use a relatives name and date of birth etc and have done so in the past. It clearly harms that individual ie warrants issued for their arrest when they miss their appearance date and usually that relative has more to add as to why they don't get along.
January 22, 2009, 10:49
JMWould he not be causing or intending to cause the arrest to go on someone else's criminal history?
January 22, 2009, 11:51
WHMIf he has done it before, you might be able to show that he was aware of the consequences to that other person when he committed the crime. For example, if he is using his brother's information, the brother might tell you he got arrested on an FTA the last time it happened. That might be enough to show that he is intending to harm his brother. If the information is just fictitious, and does not come back to a real person, you might be able to show that he is intending to commit fruad on his bond, by ensuring that the bonding agent won't be able to locate him for a forfeiture later.