Texas fraudulent use or possession of identifying information
Texas fraudulent use or possession of identifying information is a criminal offense under Penal Code § 32.51. Punishment ranges depending on the specific subsection, prior-conviction enhancements, and statutory aggravators. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
Classification: State jail felony to first-degree felony (item-count tiered)
Punishment range: State jail felony (180 days–2 years + $10,000) under 5 items; third-degree (2–10 + $10,000) 5–9 items; second-degree (2–20 + $10,000) 10–49 items; first-degree (5–99 + $10,000) 50+ items
The controlling statute
Texas Penal Code § 32.51 — the state's primary identity-theft statute — criminalizes possession, transfer, or use of another person's identifying information with intent to harm or defraud. Unlike most theft statutes, the offense level is set by item count rather than monetary value. Five separate stolen identities elevate the charge to a third-degree felony; fifty or more becomes a first-degree felony with a five-year mandatory minimum, mirroring federal aggravated identity-theft exposure.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 32.51 |
| Cluster | Theft & Property |
| Classification | State jail felony to first-degree felony (item-count tiered) |
| Range | State jail felony (180 days–2 years + $10,000) under 5 items; third-degree (2–10 + $10,000) 5–9 items; second-degree (2–20 + $10,000) 10–49 items; first-degree (5–99 + $10,000) 50+ items |
| Last reviewed | 2026-05-15 |
Elements the State must prove
To convict on a Texas § 32.51 charge, the State must prove every element beyond a reasonable doubt:
- Defendant obtained, possessed, transferred, or used identifying information of another person
- Without that person's consent
- With intent to harm or defraud the person identified or another
- Item count meets the charged tier
Defense strategies
L and L Law Group, PLLC develops the following defense strategies on every Fraudulent Use or Possession of Identifying Information case:
- Lack of intent to defraud — possession alone (e.g., found wallet) is not enough under § 32.51(b)
- Consent — written or implied authorization to use the information
- Lawful purpose — debt collection, journalism, or due-diligence research under recognized statutory exemptions
- Mistake of fact about consent or identity status under § 8.02
- Suppression of digital evidence obtained without warrant under Texas Code of Criminal Procedure Article 18.0215
- Challenges to the State's item count — duplicates and household members may not each be separate persons
Enhancements & collateral consequences
Elder-victim enhancement under § 32.51(c-1) elevates the offense level one degree if the identifying information belongs to a person 65 or older. Parallel federal exposure under 18 U.S.C. § 1028 (Identity Theft) and § 1028A (Aggravated Identity Theft — mandatory 2-year consecutive) is common. Schemes involving financial institutions can trigger 18 U.S.C. § 1344 bank fraud.
Key Legal Terms
- Identifying Information (§ 32.51(a)(1))
- Information that alone or with other info identifies a person — including SSN, DOB, biometric data, telecom data, financial account numbers, and routing numbers.
- Item Count Tiering
- Offense level set by number of victims/items — under 5 (state jail), 5–9 (3rd-deg), 10–49 (2nd-deg), 50+ (1st-deg).
- Intent to Harm or Defraud
- Specific intent required for liability; mere possession without fraudulent purpose is insufficient under § 32.51(b).
Frequently Asked Questions
Is having a fake ID a § 32.51 offense?
What counts as 'identifying information'?
How does the item count work for charging?
Is it § 32.51 if I just held a friend's ID?
Will I be charged federally too?
References & Authoritative Sources
About the Authors
Reggie London
Co-Founding Partner · Texas Bar No. 24043514
Reggie London co-founded L and L Law Group with a focus on federal criminal defense, complex felony defense, and TEA/SBEC matters. Licensed in Texas, admitted to TXND and TXED.
Njeri London
Co-Founding Partner · Texas Bar No. 24043266
Njeri London co-founded L and L Law Group with a focus on DWI defense, family violence cases, and juvenile defense. Licensed in Texas, admitted to TXND and TXED.
Charged with Fraudulent Use or Possession of Identifying Information? Talk to L and L Law Group.
Co-founding partners Reggie London and Njeri London personally handle every case. Free consultation. Frisco, Texas.
Call (972) 370-5060