By Graham Norris

Your teenager uses your credit card to buy something online without asking. A bookkeeper borrows company funds temporarily, fully intending to pay it back. Someone finds a wallet and uses the ID inside to open a bank account. One of these scenarios might surprise you as a serious felony under Texas law, while another could be perfectly legal depending on the circumstances.

Texas doesn’t take identity theft lightly, treating it as one of the most serious property crimes with penalties that escalate rapidly based on the scope of the offense. What many people don’t realize is that identity theft and forgery are separate crimes under Texas law, each carrying their own severe penalties that can reach first-degree felony charges.

What Constitutes Identity Theft and Forgery Under Texas Law

Texas law casts a wide net when defining identity theft and forgery, encompassing far more conduct than most people realize. These crimes often overlap but carry distinct legal elements and potential defenses.

Identity theft occurs when someone obtains, possesses, transfers, or uses another person’s identifying information with the intent to harm or defraud them. The critical element prosecutors must prove is intent—you must have acted with the purpose of harming or defrauding another person, not merely possessing or using the information.

Texas defines “identifying information” broadly to include names and dates of birth, Social Security numbers, driver’s license numbers, financial account information, biometric data like fingerprints or retinal scans, and even electronic identifiers. The law also covers information from deceased persons and children under 18.

Forgery differs from identity theft in that it focuses specifically on creating, altering, or presenting false documents rather than using someone’s personal information. Document fraud charges involve creating fake IDs, altering checks, forging signatures on contracts, or presenting fraudulent documents to government agencies or financial institutions.

Common Identity Theft Scenarios in Texas

Identity theft charges often arise from situations that seem routine or harmless to those involved, but cross legal boundaries under Texas law.

• Workplace data access: Using customer databases after termination or accessing files beyond your authorized scope
• Family financial management: Using a spouse’s Social Security number without explicit permission or parents continuing to use adult children’s information for taxes
• Digital account sharing: Using someone else’s streaming passwords, online banking access, or social media accounts without clear ongoing consent
• Business partnerships gone wrong: Former partners using shared business information or accessing company accounts after disputes
• Helping elderly relatives: Managing finances for aging parents without proper legal documentation or using their information to pay bills without power of attorney
• Employment verification: Using fake or borrowed Social Security numbers for work authorization

Texas Penalty Structure for Identity Theft Crimes

Texas uses a tiered penalty system that escalates dramatically based on the number of items of identifying information involved:

• Less than 5 items: State jail felony (180 days to 2 years, up to $10,000 fine)
• 5 to 10 items: Third-degree felony (2 to 10 years prison, up to $10,000 fine)
• 10 to 50 items: Second-degree felony (2 to 20 years prison, up to $10,000 fine)
• 50 or more items: First-degree felony (5 to 99 years prison, up to $10,000 fine)

Enhanced penalties apply when victims are 65 or older, bumping any offense up one penalty category. If you possess identifying information from three or more people, Texas law presumes criminal intent.

In 2024, Texas ranked sixth nationally for identity theft with 372 reports per 100,000 residents, representing more than 116,000 total identity theft cases in the state. According to recent federal data, over 6,500 identity fraud reports originated from Texas in 2024.

Defending Against Texas Identity Theft Charges

Challenging the intent element represents the most critical aspect of defending identity theft charges. Prosecutors must prove you specifically intended to harm or defraud someone, not just that you possessed or used identifying information.

Business and legitimate purpose defenses often apply in complex commercial situations. If you had reasonable grounds to believe you were authorized to access information through employment, business partnerships, or family relationships, this can negate criminal intent.

Early intervention during investigations can prevent charges from being filed entirely. Many people make critical mistakes by trying to explain themselves to investigators without legal representation.

The difference between possessing information and using it criminally matters significantly. Simply having access to identifying information through employment or family connections doesn’t automatically constitute identity theft. Prosecutors must show you took affirmative steps to commit fraud.

Cases involving both state and federal jurisdiction require strategic planning. Federal prosecutors typically seek harsher penalties but have higher standards for cases they pursue.

Protect Your Future Today

Identity theft and forgery charges carry consequences that extend far beyond prison time and fines. A conviction can destroy your professional reputation, eliminate career opportunities, and create a permanent criminal record that follows you for life.

Norris Legal Group has successfully defended over 3,600 criminal cases, securing more than 400 dismissals and 60 no-bills for clients facing serious charges. Contact us immediately for a confidential consultation to learn how our proven defense strategies can help you achieve the best possible outcome for your case.