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Florida statute

Fla. Stat. § 901.36 — Prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders

Current through 2025 Florida Statutes

Part of Chapter 901: Arrests and Temporary Detentions, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 901.36

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 901.36Primary source, current through the 2025 Florida Statutes
(1) It is unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name, or otherwise falsely identify himself or herself in any way, to the law enforcement officer or any county jail personnel. Except as provided in subsection (2), any person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) A person who violates subsection (1), if such violation results in another person being adversely affected by the unlawful use of his or her name or other identification, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3)(a) In sentencing a person for violation of this section, a court may order restitution.(b) The sentencing court may issue such orders as are necessary to correct any public record because it contains a false name or other false identification information given in violation of this section.(c) Upon application to the court, a person adversely affected by the unlawful use of his or her name or other identification in violation of this section may obtain from the court orders necessary to correct any public record, as described in paragraph (b).

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.