False Caller Identification Information Display: Texas Penal Code §33A.051

The Texas False Caller Identification Information Display law gives police the right to arrest you if they believe you engaged in call spoofing to harm or defraud someone.

Call spoofing, where you disguise your caller ID information to hide who you really are, is illegal in Texas if you intend to harm or defraud someone. Scammers may use call spoofing to fool you into giving away private information.

The Texas law that makes caller ID spoofing illegal, False Caller Identification Information Display actually covers a broader array of activities than just masking your caller ID.

The Texas legislature codified this criminal offense in Texas Penal Code Section 33A.051. The law was not updated in 2023. In fact, this law has not been amended since it was enacted in 2019.

The Penal Code classifies the Texas False Caller Identification Information Display law under Title 7 “Offenses Against Property,” Chapter 33A “Telecommunications Crimes.” Learn more about the Texas offense of False Caller Identification Information Display below.

What is the current Texas law about False Caller Identification Information Display?

Texas law currently defines the offense of False Caller Identification Information Display in Penal Code Section §33A.051 as follows:^[1]

(a) A person commits an offense if the person, with the intent to defraud or cause harm, makes a call or engages in any other conduct using any type of technology that results in the display on another person’s telecommunications device of data that misrepresents the actor’s identity or telephone number.

The Texas legislature enacted this law in 2019, effective September 1, 2019.^[2]

What is the statute of limitation for False Caller Identification Information Display in Texas?

As a misdemeanor, False Caller Identification Information Display charges have a two-year limitations period.^[3]

What is the penalty for a Texas False Caller Identification Information Display offense?

A conviction for False Caller Identification Information Display is punished as a Class A misdemeanor,^[4] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.

Can you get probation for False Caller Identification Information Display in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for False Caller Identification Information Display, and judges are also allowed to accept deferred adjudication plea deals.^[5]

Note, however, that judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[6]

What level of crime is False Caller Identification Information Display in Texas?

The Penal Code classifies the punishment for False Caller Identification Information Display as a Class A misdemeanor.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §33A.051. This law is current as of 2024.^2. HB 101, 86th Legislature, Sections 1 &2^3. See Code of Criminal Procedure 12.02(a)^4. Texas Penal Code §33A.051(b)^5. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^6. Art. 42A.054(b), Texas Code of Criminal Procedure