Penal Code · §32.51

Fraudulent Use or Possession of Identifying Information

Fraudulent Use or Possession of Identifying Information is covered under §32.51 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Fraud" on practice exams.

To prove this offense, the State must establish each of the following elements: Obtains, possesses, transfers, or uses identifying information of another; Without consent, with intent to harm or defraud; <5 victims: state jail felony; 5–9: 3rd degree; 10–49: 2nd degree; 50+: 1st degree.

Elements you must prove

  • Obtains, possesses, transfers, or uses identifying information of another
  • Without consent, with intent to harm or defraud
  • <5 victims: state jail felony
  • 5–9: 3rd degree; 10–49: 2nd degree; 50+: 1st degree

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Worked examples

Worked example 1

Fraudulent Use or Possession of Identifying Information under §32.51 (involving items identifying fewer than 5 persons) is what level of offense?

  1. Class A misdemeanor
  2. State jail felony Correct
  3. 3rd degree felony
  4. 2nd degree felony
Why: Fraudulent Use or Possession of Identifying Information is a state jail felony if items identifying fewer than 5 persons are involved; it climbs the felony ladder as the number of victims increases (5–9: 3rd degree; 10–49: 2nd degree; 50+: 1st degree).
Statute: Tex. Penal Code §32.51