Does Sec. 32.51 apply to situations where an actor intentionally provides another person's id info to police officers to avoid apprehension. In some cases, after apprehension, the actor may give another person's id info when they are booked into jail. This causes the innocent person to have arrests on their record. I don't think that 32.51 applies. Seems like there is no intent to harm or defraud, only intent to get out of trouble. Of course, many police officers don't agree. What do you think?

Isn't intent always a matter that is based on the circumstances. I would say the circumstances of falsely identifying self when arrested could be construed as intentionally harming another person. The reason they give the false name is so their name is not used in arrest records - wouldn't that infer the intent to have another person's name in an arrest record. If they know enough to not give their rela name - wouldn't it be logical that they are intending that the arrest is under someone else's name. Surely they know the consequences of an arrest record. If the innocent person's name somehow gets affliated by an a.k.a they have tremendous harm. Then it becomes the State's responsiblity to file an expunction - at the expense of the State. I would think intent could be inferred by the impact it has on the victim.

I think PC 38.02 Failure to Identify is actually the correct title to file under. If they are a fugitive and lying then it is a Class A misdemeanor and, depending on the circumstance otherwise would be a Class C or B. Never seen anyone file under the other chapter except in DL, ID or Check fraud cases.

Not sure about 32.51, but if defendant is booked and signs a fingerprint card under a false name, we file as 37.10(c)(1), a state jail felony.

Also, if you can prove that the name provided was of an actual person, then intent to impair could be inferred and I might look at 37.09(d)(1), a third degree felony ...

If the person was booked in under the wrong name and subsequently executed magistration paperwork with the wrong name, signed a bond sheet, or any other "official" paperwork at the jail or to get out, we usually file a Tampering w/ Govt. Record case.

I think the original question was more for those individuals that the officer doesn't realize is lying. If the officer catches it before or during booking, the the appropriate charge is Fail to ID. After booking and sometimes after appearing and pleaing to something under someone else's name, we charge the Tampering.

I agree with your responses. I wanted to make sure that I wasn't missing something. Thanks.