What Is Identity Theft in Texas?

The unauthorized use or possession of someone else's personal identifying information with the intent to harm or defraud is considered identity theft in Texas.

Under Texas law, it is charged primarily as Fraudulent Use or Possession of Identifying Information (§32.51). Depending on the number of identifying items involved, the penalty can range from a state jail felony to a first-degree felony.

Apart from serious criminal charges in Texas, you can also face federal prosecution if you use another person's personal data (without permission) to commit fraud or another crime.

Definition: Identity Theft in Texas

Under Texas Penal Code §32.51, identity theft occurs when a person obtains, possesses, transfers, or uses another person's identifying information without consent and with intent to harm or defraud.

The law does not require that financial loss actually occur. Intent to defraud is enough for a charge.

In 2024, the FTC's Consumer Sentinel Network received 6.5 million total consumer reports, including identity theft and fraud complaints. Identity theft accounted for about 1.1 million of those reports — roughly 17% of all complaints.

What Counts as "Identifying Information"?

Texas law defines "identifying information" as information that identifies a person (whether alone or in conjunction with other information), including a person's:

Name
Date of birth
Social Security number
Driver's license number
Other government-issued ID number
Biometric data (such as fingerprint, voice print, or retina or iris image)
Unique electronic identification number, address, or routing code
Bank account or credit card numbers

Federal Identity Theft Laws

Since identity theft often crosses state lines, federal charges may also apply.

Identity Theft and Assumption Deterrence Act

Under this federal statute (18 U.S.C. §1028), it's a crime to knowingly transfer, possess, or use another person's identification without lawful authority in connection with unlawful activity.

Federal jurisdiction applies when the offense:

Affects interstate commerce
Involves federal agencies
Relates to federal benefits or banking systems

Texas ranked 2nd among all U.S. states in the number of internet crime complaints reported to IC3 in 2024.

Aggravated Identity Theft

Aggravated identity theft (18 U.S.C. §1028A) imposes a mandatory additional 2-year federal prison sentence if identity theft occurs during certain serious felonies, such as:

Bank fraud
Immigration fraud
Wire fraud
Government benefit fraud

Common Examples of Identity Theft

From simple tactics like mail theft to more complex computer hacking, identity theft happens in various ways. Common examples are:

Phishing scams: Fraudulent emails or texts trick victims into revealing passwords or banking information. The stolen data is then used to make electronic transfers or withdrawals from another person's bank account without permission.
Mail theft: Stealing mail to access credit cards, checks, or tax documents.
Public Wi-Fi snooping: Intercepting data transmitted over unsecured networks.
Data breach exploits: Using stolen information obtained from hacked companies.
Impersonation scams: Hijacking someone's email or social media to scam their friends and family.
Employment or medical purposes: Using another person's identity to obtain work or medical benefits.
Skimming and card cloning: Installing devices on ATMs or gas pumps to capture card data.
Tax identity theft: Filing fraudulent tax returns and claiming tax refunds using someone else's Social Security number.
Financial scams: Using someone else's personal information to apply for loans, credit cards, or other financial or store accounts in their name

Real-World Example:

Two people used stolen information from Corpus Christi residents to commit identity theft, including withdrawing at least $2,500 from a victim's bank account. One faces a mandatory two-year prison sentence for identity theft and must pay restitution to victims. The other one faces up to 10 years in prison for possessing counterfeit postal keys.

How Identity Theft Cases are Investigated and Prosecuted

At the state level, local law enforcement and district attorneys prosecute under Texas law. Common investigative tools include digital forensics, IP tracking, financial tracing, subpoenaed banking records, and analysis of electronic devices.

At the federal level, identity theft investigations often involve multiple agencies, including:

Federal Bureau of Investigation
United States Secret Service
United States Postal Inspection Service
Inspectors General for agencies impacted by benefit fraud

Penalties for Identity Theft in Texas

Identity theft is a felony in Texas, where the charge level depends on the number of identifying items involved.

Number of Identifying Items	Charge Level	Prison/State Jail Time
Fewer than 5 items	State jail felony	180 days to 2 years
5 to 9 items	Third-degree felony	2 to 10 years
10 to 49 items	Second-degree felony	2 to 20 years
50+ items	First-degree felony	5 to 99 years or life

Note: Penalties may also include fines of up to $10,000 and restitution to victims. Federal convictions may add mandatory prison time.

How Does Identity Theft Affect a Criminal Record?

A felony identity theft conviction creates a permanent criminal record.

Collateral consequences may include:

Loss of employment opportunities
Professional license suspension
Immigration consequences
Ineligibility for certain housing or loans
Federal supervision conditions

Note: Generally, expunction is unavailable for felony convictions.

What Prosecutors Must Prove for Identity Theft in Texas

For an identity theft charge in Texas, prosecutors must prove:

Use or possession of identifying data belonging to another person
Lack of authorization from that person
Knowledge and intent (the defendant knew the information wasn't theirs)
Intent to harm or defraud

If the prosecutors fail to prove any one element, it can result in dismissal or acquittal.

Possible Defense Strategies for an Identity Theft Case

Defense strategies will depend on the specific circumstances involved in the case, but common approaches include:

Challenging the evidence: Insufficient proof, improper searches, or weak circumstantial evidence
Lack of intent: No intention to defraud or harm
Mistaken identity: Someone else used the information or accessed the device
False accusation: Proving the allegations stem from dispute, retaliation, or misunderstanding
Technological defenses: Challenging digital attribution, IP tracing accuracy, or forensic reliability
Negotiating lesser charges: Reducing felony level or securing probation through plea negotiation

Frequently Asked Questions

Is identity theft always charged federally?

No, identity theft in Texas is often prosecuted under state law. However, it may become a federal case if it involves interstate commerce, federal benefits, or major financial institutions.

How much identifying information is needed for a charge?

Even a single item, such as a Social Security number, can support a felony charge if prosecutors prove intent to defraud.

Can identity theft charges be dismissed?

Yes, identity theft charges can be dismissed if the prosecutors cannot prove intent, authorization, or ownership of the identifying information.

Schedule a Free Case Review with a Texas Identity Theft Defense Lawyer

An identity theft charge in Texas is a serious fraud offense that can result in felony penalties, including prison time, significant fines, and a permanent criminal record. Because these cases often involve digital evidence, financial records, and multiple alleged victims, they can quickly become complex and aggressively prosecuted.

Contact Michael & Associates today to schedule a free case review.

Michael & Associates is a Texas-based criminal defense firm with offices throughout Texas, as well as in Nashville, Tennessee, and Los Angeles, California. Our attorneys defend clients facing identity theft, credit card fraud, and other financial crime allegations, along with charges such as DWI, drug offenses, theft, and assault.

Sources: Michael & Associates research and internal records; Texas Department of Public Safety, Texas Penal Code, Texas Code of Criminal Procedure

Additional statutory resources:

Note: This article was written by Ben Michael, Managing Partner of Michael & Associates (Texas Bar Card #24088055). It was originally published in March 2026 and has been reviewed for accuracy by the Michael & Associates research team and the attorneys.

What is Identity Theft in Texas? Definition, Penalties, and Defense Strategies

Ben Michael

Definition: Identity Theft in Texas