When Someone Uses Your Name
Penal Code 32.51 — identity theft, graded by the number of items
In Texas, a person commits an offense who, with intent to harm or defraud another, obtains, possesses, transfers or uses an item of someone else's identifying information without consent, a dead person's information without legal authority, or a child's identifying information. Identifying information includes a name and date of birth, biometric data, account and routing numbers, and a social security or other government number.
| Items obtained, possessed, transferred or used | The offense |
|---|---|
| Items obtained, possessed, transferred or usedLess than five | The offenseState jail felony |
| Items obtained, possessed, transferred or usedFive or more but less than 10 | The offenseFelony of the third degree |
| Items obtained, possessed, transferred or used10 or more but less than 50 | The offenseFelony of the second degree |
| Items obtained, possessed, transferred or used50 or more | The offenseFelony of the first degree |
- Possessing the information of three or more people raises a presumption of intent to harm or defraud, except for a business or agency acting lawfully.
- The offense moves up one category when committed against an elderly individual.
- Restitution can include the victim's lost income and other expenses, but not attorney's fees.
Sources for this section (1)
- Penal Code 32.51 — Fraudulent use or possession of identifying information
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.