False Name or Identification to Law Enforcement
Giving a false name or otherwise falsely identifying oneself after arrest or lawful detention.
Florida Statute
§ 901.36
Prohibition against giving false name or false identification by person arrested or lawfully detained
Verified against the 2026 Florida Statutes: September 14, 2026
Quick Summary
Confirm a lawful arrest or detention, the false identification, and whether another person was adversely affected.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
False Identification—No Adverse Effect
F.S. § 901.36(1)
False name or identification after arrest or lawful detention without the statutory adverse effect on another.
False Identification—Adverse Effect
F.S. § 901.36(2)
False identification that causes harm or adversely affects another person.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
All required
The defendant had been arrested or was lawfully detained and gave a false name or otherwise falsely identified himself or herself to a law enforcement officer.
Plain language: Prove lawful custody and false identification.
- Element 2Conditional
Felony track
For the felony track, the false identification caused harm or adversely affected another person.
Plain language: Document the adverse effect.
Jury Instructions
Jury Instructions
No dedicated Florida Standard Jury Instruction was located in the July 2026 compilation. Consult the current statute, applicable case law, and agency or legal guidance.
View Official Jury InstructionsAdditional Notes
Additional Notes
Custody Threshold
The statute applies after arrest or lawful detention. Record the lawful basis, exact false identification, true identity, and any adverse effect on another person.