7.747 — FAILURE TO IDENTIFY TO A PEACE OFFICER OR PROVIDE IDENTIFCATION

Violations of "Statute 7.747" results in an Class E Misdemeanor

(a) Definitions

Failure to identify to a peace officer refers to the act of a person refusing to provide their identification or give their name when requested by a law enforcement officer during a lawful detention, stop, or investigation. In some jurisdictions, individuals are required to provide identification or reveal their identity when asked by a peace officer. This charge applies when an individual willfully refuses or fails to do so.

(b) Elements

To establish the offense of failure to identify to a peace officer or provide identification, the prosecution must prove beyond a reasonable doubt the following elements:

The defendant was detained or stopped by a peace officer, and the officer had reasonable grounds to request identification.
The peace officer informed the defendant of their authority and request for identification.
The defendant willfully failed to provide identification or refused to disclose their identity to the officer when required by law.
The defendant was not legally exempt from the requirement to provide identification in this particular situation.

(c) Defenses

Defenses against a charge of failure to identify may include:

The defendant was not informed of the requirement to provide identification or did not understand the request.
The defendant was not lawfully detained or stopped by the peace officer, and therefore was not obligated to provide identification.
The defendant did not have identification on their person at the time but was not refusing to cooperate.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

The defendant’s refusal to provide identification delayed or obstructed an investigation.
The defendant’s failure to identify occurred in a situation involving suspicion of a serious crime.
The defendant has a history of refusing to cooperate with law enforcement, which may suggest a pattern of noncompliance.

Previous7.746 — EXCESSIVE USAGE OF A HORN Next7.748 — UNDERGLOW & ILLEGAL VEHICLE LIGHTING

Last updated 2 months ago

(a) Definitions

(b) Elements

To establish the offense of failure to identify to a peace officer or provide identification, the prosecution must prove beyond a reasonable doubt the following elements:

The defendant was detained or stopped by a peace officer, and the officer had reasonable grounds to request identification.

The peace officer informed the defendant of their authority and request for identification.

The defendant willfully failed to provide identification or refused to disclose their identity to the officer when required by law.

The defendant was not legally exempt from the requirement to provide identification in this particular situation.

Defenses against a charge of failure to identify may include:

The defendant was not informed of the requirement to provide identification or did not understand the request.

The defendant was not lawfully detained or stopped by the peace officer, and therefore was not obligated to provide identification.

The defendant did not have identification on their person at the time but was not refusing to cooperate.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

The defendant’s refusal to provide identification delayed or obstructed an investigation.

The defendant’s failure to identify occurred in a situation involving suspicion of a serious crime.

The defendant has a history of refusing to cooperate with law enforcement, which may suggest a pattern of noncompliance.