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Shall be subject to, in addition to any other remedy that may be prescribed by law, a civil penalty of not more than $5,000 for each such claim.Except as provided in paragraph (3) of this subsection, such person shall also be subject to an assessment, in lieu of damages sustained by the United States because of such claim, of not more than twice the amount of such claim, or the portion of such.
YouTuber Todd (SAEXTAZYPREZ) conducts First Amendment audits in Texas.He gathers video footage, shows conduct of public officials, and demonstrates the well established right to record police on the job.The ground rules are simple: audits occur in unrestricted places, where the public is permitted to be, and the subjects of the video are in plain sight.The U.S. Fifth Circuit Court of Appeals decision in Turner v. Driver puts Texas peace officers on notice that the First Amendment right to record the police from public spaces is clearly established.On this occasion Todd is recording at the South Texas Detention Complex located in Pearsall, Texas, where he encounters Officer Gonzalez, who threatens Todd with arrest for FAILURE TO IDENTIFY.An offense under Texas Penal Code 38.02 (a) requires all three of these elements to be true:1. The person has been arrested, and2. The officer requested identification, and3. The person refused to provide said identificationNow let's read actual text of the law.(a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
(a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:(1) lawfully arrested the person;(2) lawfully detained the person; or(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense. Terms Used In Texas Penal Code 38.02. Actor: means a person whose criminal responsibility is in issue in a criminal action. See. Alcoholic beverage: has the meaning assigned by Section. Conduct: means an act or omission and its accompanying mental state.
See. Justice: when applied to a magistrate, means justice of the peace.
See. Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See. Peace officer: means a person elected, employed, or appointed as a peace officer under Article. Person: means an individual, corporation, or association.