Florida criminal charge
Prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders in Florida
Prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders is a criminal offense under Florida law, defined by Fla. Stat. § 901.36. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 901.36.
What is the penalty for prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Giving false name/identification to law enforcement or jail personnel — A person arrested or lawfully detained who gives a false name or otherwise falsely identifies himself or herself to a law enforcement officer or county jail personnel, unless the violation results in another person being adversely affected, commits a misdemeanor of the first degree.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Giving false name/identification to law enforcement or jail personnel — A person arrested or lawfully detained who gives a false name or otherwise falsely identifies himself or herself to a law enforcement officer or county jail personnel, unless the violation results in another person being adversely affected, commits a misdemeanor of the first degree.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Giving false name/identification resulting in adverse effect on another person — If the violation of subsection (1) results in another person being adversely affected by the unlawful use of his or her name or other identification, the offense is elevated to a felony of the third degree.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Giving false name/identification resulting in adverse effect on another person — If the violation of subsection (1) results in another person being adversely affected by the unlawful use of his or her name or other identification, the offense is elevated to a felony of the third degree.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Giving false name/identification to law enforcement or jail personnel | Misdemeanor of the First Degree | A person arrested or lawfully detained who gives a false name or otherwise falsely identifies himself or herself to a law enforcement officer or county jail personnel, unless the violation results in another person being adversely affected, commits a misdemeanor of the first degree. | Fla. Stat. § 901.36(1) |
| Giving false name/identification resulting in adverse effect on another person | Felony of the Third Degree | If the violation of subsection (1) results in another person being adversely affected by the unlawful use of his or her name or other identification, the offense is elevated to a felony of the third degree. | Fla. Stat. § 901.36(2) |
Common questions about prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders in Florida
Is prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders a felony or a misdemeanor in Florida?
It depends on the circumstances: prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders ranges from a Misdemeanor of the First Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 901.36.
Giving false name/identification to law enforcement or jail personnel: Misdemeanor of the First Degree (Fla. Stat. § 901.36(1)) · Giving false name/identification resulting in adverse effect on another person: Felony of the Third Degree (Fla. Stat. § 901.36(2))
What are the penalties for prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders in Florida?
Penalties for prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Felony of the Third Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders?
Prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders is governed by Fla. Stat. § 901.36 (Prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.