Walk It Through: The Name
A false identity after notice of an investigation, a third degree misdemeanor, and recording in public.
Walking home late, a person is stopped by an officer who says the person matches a description and asks for a name.
Two things a person in this spot might do. Picking one shows what the law says about it.
One stop and one name. Whether the stop was lawful, resisting arrest, and the chapter's other exceptions are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- False identification to law enforcementGiving false information about one's identity after an officer in uniform, or one who has identified as an officer, has said the person is the subject of an official investigation, a misdemeanor of the third degree.
- Misdemeanor of the third degreeThe lowest misdemeanor grade, punishable by up to 1 year in prison and a fine of up to $2,500.
- Resisting arrestMeaning to prevent a lawful arrest or another duty, creating a substantial risk of bodily injury or using means that justify or require substantial force to overcome, a misdemeanor of the second degree.
- All party consentThe consent exception in the wiretap chapter: a person may intercept a wire, electronic or oral communication where all parties to it have given prior consent. Intercepting without it is a felony of the third degree.
- Oral communicationA communication uttered by a person who expects it is not subject to interception, in circumstances that justify the expectation.