You were arrested. At the station, or in the cruiser, an officer asked for your name, date of birth, or address. Something you said did not match what they expected. Now the paperwork includes a charge for giving a false name upon arrest, and you are wondering what that actually means.
I’ll walk you through what the Massachusetts statute actually says. I’ll go in the order a case usually unfolds: what the charge is, what information it covers, when it applies, who the information must be given to, what must be proved, how the case starts, the penalties, related charges, and how a defense is built.
What False Name Upon Arrest Means
Giving a false name upon arrest is knowingly and willfully furnishing false identifying information to a law enforcement officer or official after you have been arrested. The statute is G.L. c. 268, § 34A. Its first sentence is the whole crime.
It says: “Whoever knowingly and willfully furnishes a false name, Social Security number, date of birth, home address, mailing address or phone number, or other information as may be requested for the purposes of establishing the person’s identity, to a law enforcement officer or law enforcement official following an arrest shall be punished….”
Every piece of that sentence matters. The charge is not about lying in general. It is about false identifying information, given knowingly and willfully, to the right kind of official, after an arrest.
What Information the Statute Covers
Section 34A lists specific kinds of information, then adds a catch-all for other identity information that is requested. The listed items are:
- a false name;
- a false Social Security number;
- a false date of birth;
- a false home address;
- a false mailing address;
- a false phone number; or
- “other information as may be requested for the purposes of establishing the person’s identity.”
So the statute is broader than a fake name alone. An address, a date of birth, a phone number, or a Social Security number can be enough if it is false and the other parts of the statute are met. The catch-all reaches other information requested to establish identity, not every question an officer might ask about the underlying case.
The statute does not define “false,” “name,” or “identity.” Those words appear as written, and the Commonwealth has to prove that what was furnished fits them.
Timing: Following an Arrest
The statute applies only after an arrest. The key phrase is “following an arrest.” That is when the charge attaches.
Section 34A does not punish giving false identifying information before an arrest. It does not say anything about a traffic stop that never becomes an arrest, or about a conversation that ends without one. The words of the statute draw that line.
Whether an arrest had already happened when the information was given is often the whole fight. My article on what happens when you’re arrested explains the first hours after an arrest, including booking questions about identifying information.
Who Receives the Information
The false information has to be furnished to a “law enforcement officer” or a “law enforcement official.” Those are the only recipients named in § 34A.
The statute does not define those terms for purposes of this section. It also does not say that the officer has to be in uniform, or that credentials have to be shown. Compare that with the resisting-arrest statute, G.L. c. 268, § 32B, which defines “police officer” in its own way. For § 34A, the Commonwealth still has to prove the person who received the information was a law enforcement officer or official.
The statute also uses the word “furnishes.” That is the act. The Commonwealth has to show that the defendant furnished the information — meaning the defendant supplied it — to that officer or official.
Knowingly and Willfully
Section 34A requires that the person act “knowingly and willfully.” Both words are in the statute, and both are part of the charge.
The statute does not define “knowingly” or “willfully” for this offense. Related reading on mental state includes my articles on knowledge in criminal law and criminal intent. Those posts explain how Massachusetts talks about mental states in general. For this charge, the words that control are the ones in § 34A itself.
A mistake, a confusion about which name is correct, or an honest mix-up is not the same thing as knowingly and willfully furnishing a false one. The Commonwealth has to prove the mental state the statute names.
What the Commonwealth Must Prove
Reading § 34A closely, the Commonwealth has to prove each of these parts beyond a reasonable doubt.
- The defendant had been arrested.
- Following that arrest, the defendant furnished information to a law enforcement officer or law enforcement official.
- The information was a name, Social Security number, date of birth, home address, mailing address, phone number, or other information requested to establish the person’s identity.
- That information was false.
- The defendant furnished it knowingly and willfully.
That is the charge, built from the statute’s own words. If the Commonwealth cannot prove one of those parts, the charge does not hold together.
Notice what the statute does not say. It does not require the Commonwealth to prove the defendant’s “true” name as a separate element written into the text. It requires proof that what was furnished was false, and that it was furnished knowingly and willfully after an arrest.
How the Case Starts and Where It Is Heard
This charge almost always comes out of an arrest on some other matter. It can be added at booking, or charged later once officers believe the identifying information does not check out. If you were arrested, see what happens when you’re arrested. If you receive paperwork telling you to come to court, see what a criminal summons means.
Section 34A provides for a fine, imprisonment in a house of correction, or both. It does not provide for imprisonment in the state prison. Under G.L. c. 274, § 1, “a crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors.” So a charge under § 34A is a misdemeanor.
Under G.L. c. 218, § 26, the district courts have jurisdiction, concurrent with the superior court, over “all misdemeanors, except libels.” Your first court date is ordinarily the arraignment, where the charge is formally read. I explain it in what happens at an arraignment. After that, the case moves toward a pre-trial conference.
If you are not under arrest and a misdemeanor complaint is sought, G.L. c. 218, § 35A generally gives an opportunity to be heard before process issues, with exceptions. If you get notice of that kind of hearing, read what is a show-cause hearing.
Penalties, Consecutive Sentences, and Restitution
The penalty in § 34A is a fine of not more than $1,000, or imprisonment in a house of correction for not more than 1 year, or both such fine and imprisonment.
Those are the maximums the legislature set. They do not tell you what will happen in any one case.
The statute adds a consecutive-sentence rule. It says: “Such sentence shall run from and after any sentence imposed as a result of the underlying offense.” In plain terms, if you are sentenced on both the underlying charge and this one, the § 34A sentence is stacked after the sentence for the underlying offense, as the statute directs.
The statute also allows restitution. “The court may order that restitution be paid to persons whose identity has been assumed and who have suffered monetary losses as a result of a violation of this section.” That power is limited to people whose identity was assumed and who suffered monetary losses. For how restitution works more generally, see my article on restitution in Massachusetts criminal cases.
Related Charges
A false-name charge often sits next to other charges from the same incident. Each has its own statute and its own elements.
- Resisting arrest under G.L. c. 268, § 32B, which covers preventing or trying to prevent an arrest by force or by creating a substantial risk of bodily injury.
- Identity fraud under G.L. c. 266, § 37E, which is a different crime about posing as another person or using another person’s identifying information. It is not the same as § 34A.
- False report of a crime, which addresses false reports, not false identifying information after an arrest.
Prosecutors sometimes also talk about false statements as consciousness of guilt. That is an evidentiary idea, not a separate charge under § 34A. The right statute matters, because the elements and the penalties differ.
Defenses Built on the Statute’s Words
A defense starts with the charge itself. If the Commonwealth cannot prove a required part of it, that is a defense. These are the questions that come out of § 34A.
- Had an arrest already happened when the information was given?
- Was the information furnished to a law enforcement officer or law enforcement official?
- Was the information the kind § 34A covers — a name, Social Security number, date of birth, address, phone number, or other information requested to establish identity?
- Was that information actually false?
- Did the defendant furnish it “knowingly and willfully”?
- Who said what, and to whom? Is identity of the speaker in question?
- Is a different statute being used for conduct that § 34A does not cover?
These questions are not a checklist for any one case. They are the places where the statute puts a burden on the Commonwealth.
Frequently Asked Questions
Is giving a false name upon arrest a felony in Massachusetts?
No. Section 34A provides for a house of correction sentence, a fine, or both. It does not provide for state prison. Under G.L. c. 274, § 1, only a crime punishable by state prison is a felony.
Does the statute cover more than a false name?
Yes. It also lists a false Social Security number, date of birth, home address, mailing address, or phone number, and other information requested to establish identity.
Does § 34A apply before an arrest?
No. The statute applies to furnishing the information “following an arrest.”
What is the maximum penalty?
A fine of not more than $1,000, or imprisonment in a house of correction for not more than 1 year, or both.
Does the sentence run at the same time as the underlying case?
Section 34A says the sentence “shall run from and after any sentence imposed as a result of the underlying offense.”
Can the court order restitution?
Yes. The court may order restitution to persons whose identity has been assumed and who have suffered monetary losses as a result of a violation of this section.
Is this the same as identity fraud?
No. Identity fraud is charged under G.L. c. 266, § 37E. It has different elements. See my article on identity fraud.
Does the Commonwealth have to prove my real name?
Section 34A requires proof that the information furnished was false, and that it was furnished knowingly and willfully after an arrest. The statute’s text does not list proving the defendant’s “true” name as a separate written element.
Facing a False Name Upon Arrest Charge? Talk to a Lawyer
A false-name charge under § 34A is a separate misdemeanor that can stack after the underlying case, and the details of timing, what was said, and what you knew all matter. You should not face it alone. The Law Office of William J. Barabino in Medford has over 23 years of experience in Massachusetts criminal defense and represents clients throughout Greater Boston.
Call 781-393-5900 to talk about your charge and your options.
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Disclaimer
This article is for general educational information about Massachusetts criminal law. It is not legal advice for your situation, and reading it does not create an attorney-client relationship. Laws change. For advice about a specific case, speak with a licensed Massachusetts attorney.
