An interesting article was recently published in the Korean Bergen News. The story was that a 34-year-old Texas woman named Charity Johnson had been attending her local high school since October of last year, pretending to be a 15-year-old high school student, and was arrested.
In talking to acquaintances about the article, we discussed questions like, “Did I miss those days so much that I wanted to go back to high school?” and “Did I look young enough to mistake a woman in her mid-30s for a teenager? One of them asked me, “What on earth is the basis for the arrest of a 34-year-old woman? His opinion was that some people go to high school later than others, and it’s not like there’s a law that says you can only go to high school from what age to what age, so was it a big enough deal for a 34-year-old woman to be arrested for studying in high school? Based on the article, it sounds like the woman was pretty diligent in school. According to the principal of the school, she really did talk and act like a 15-16 year old high school student, she was thoughtful and did her homework. What was the basis for her arrest?
The basis for Charity Johnson’s arrest was that she told police a false identity. The owner of the house she was living in reportedly called the police because he suspected she was not a teenager and that her name might be a fake. When police arrived at Charity Johnson’s home and asked her for her name and birthday, she told them the name and date of birth she told her high school, which was incorrect. When the police later checked, they found out that what he told them was a lie, and he was arrested for giving the police the wrong name and date of birth. In other words, they weren’t arrested because they went to school under an assumed name or because they lied about their age, they were arrested because they gave the wrong information when the police asked for their name and date of birth.
In many states, including Texas, where Charity Johnson lived, giving a police officer the wrong name or date of birth can result in a misdemeanor arrest. Under Texas law, if a police officer asks for your name, birthday, or address and you refuse to answer, or if you intentionally give them the wrong information, you can be arrested, which is a crime punishable by up to $2,000 or 180 days in jail.
A common case involving personal information in many states, including New Jersey, is when a driver is stopped by a traffic officer and the person stopped gives the name or date of birth of another person. If the police check and find out, the driver who gave the police false demographic information will be ticketed or, in severe cases, arrested.
However, in these situations, it’s not just the person who misinformed you that needs to be cautious, it’s also the person whose information you’re relying on. For example, if the person who originally violated the traffic law gives the police someone else’s name and date of birth, and the police issue a traffic ticket without further verification, there will be an innocent person who received a ticket when they didn’t break the law. Back in 1997, a man in New Jersey received a DUI ticket. But he says he’d never driven drunk, so even though his name was on the ticket, he’d been ignoring it. The state of New Jersey sued the man, who never paid the fine or requested a correction after receiving the ticket, and the case went all the way to appellate court. The court held the person liable for ignoring the constant reminders, even though he may not have committed a DWI. So, while it’s illegal to lie to the police about your identity, it’s equally illegal to receive a traffic ticket at your door that you didn’t know about, and you should pay attention and address it immediately.
Let’s go back to our story of the 30-something woman in Texas. According to police, it’s still unclear why she enrolled in the school. If she had been honest with the police and told them her name and date of birth, she would not have been arrested. With the arrest, at least she doesn’t have to take the final exam.
If you have any further questions about identity fraud or the content of this column, or if there is a law you would like our readers to know about, please do not hesitate to contact us at mail@songlawfirm.com. I will reflect that in my next column.