Fake ID Felony? What You Need to Know in the US

Is Having a Fake ID a Felony? What You Need to Know

This guide provides an overview of the potential legal ramifications of possessing a fake identification card (fake ID) in the United States, focusing specifically on whether such an offense qualifies as a felony. Keep in mind that laws vary significantly from state to state and this information should not be substituted for advice from a legal professional.

Understanding Fake ID Laws

What Constitutes a Fake ID?

A fake ID is any form of identification that has been altered, forged, or obtained through fraudulent means to misrepresent a person’s identity, often their age. This can include:

• Altered Driver’s Licenses: A legitimate driver’s license that has been modified in some way, such as changing the date of birth.
• Completely Counterfeit IDs: A completely fabricated identification card designed to look like a real ID.
• IDs Obtained Using False Information: A real ID obtained by providing false information to the issuing agency (e.g., providing a false name or address).
• Someone Else’s Valid ID: Using another person’s legitimate ID as your own.

Common Uses of Fake IDs

The most common reason for possessing a fake ID is to purchase alcohol or tobacco products when underage. However, fake IDs can also be used for:

• Gaining entry to age-restricted establishments (e.g., bars, clubs, casinos).
• Attempting to rent a car or hotel room.
• Opening bank accounts or obtaining credit cards.
• Other fraudulent activities, such as identity theft.

The Felony Question: Is Possessing a Fake ID a Felony?

Whether possessing a fake ID is a felony depends heavily on the specific state law and the circumstances surrounding the offense. While it is often classified as a misdemeanor, there are situations where it can escalate to a felony charge.

Factors Influencing the Severity of the Charge

Several factors can influence whether possessing a fake ID is charged as a misdemeanor or a felony:

• The State Law: Each state has its own laws regarding fake IDs, which define the penalties for possession, use, and creation of fake identification.
• Intent: The intended use of the fake ID plays a crucial role. If the intent is to commit a more serious crime, such as identity theft or fraud, the charges are more likely to be felonies.
• Number of IDs: Possessing multiple fake IDs can significantly increase the severity of the charges.
• Prior Offenses: A history of previous fake ID offenses or other criminal convictions can lead to harsher penalties, potentially including felony charges.
• Involvement in Manufacturing or Distribution: Manufacturing, distributing, or selling fake IDs is generally considered a more serious offense and is more likely to be charged as a felony.

When Fake ID Possession Can Be a Felony: Examples

While the specific laws vary, here are some scenarios where possessing a fake ID could lead to felony charges:

• Using a Fake ID to Commit Identity Theft: If you use a fake ID to open a credit card account or take out a loan in someone else’s name, you are likely committing identity theft, which is often a felony.
• Using a Fake ID to Purchase Firearms: Purchasing a firearm using a fake ID is a serious federal offense and almost always a felony.
• Manufacturing or Distributing Fake IDs: Being involved in the production or distribution of fake IDs, especially on a large scale, is often a felony offense.
• Using a Fake ID to Obtain Government Benefits: Falsely obtaining government benefits (e.g., unemployment benefits, food stamps) using a fake ID is typically considered fraud, which can be charged as a felony depending on the amount of money involved.

State-by-State Variations

The penalties for possessing a fake ID vary considerably across states. It’s crucial to understand the laws in the specific state where the offense occurred. Below is a simplified table illustrating this point, but it is not exhaustive and should not be used as legal advice. Check your specific state’s statutes for up-to-date information.

State	Fake ID Possession: Potential Penalties	Potential Felony Scenarios
Example A	Misdemeanor: Fines, community service, license suspension	Use to commit fraud or identity theft; involvement in large-scale manufacturing/distribution.
Example B	Misdemeanor: Fines, possible jail time	Use to purchase firearms illegally; Use to obtain government benefits fraudulently.
Example C	Varies depending on age and intent. Could be a misdemeanor or minor infraction.	Repeat offenses coupled with other fraudulent activities; Large-scale fraud.

Potential Consequences of a Fake ID Charge

Regardless of whether the charge is a misdemeanor or a felony, possessing a fake ID can have significant consequences.

Legal Penalties

• Fines: The amount of the fine can vary greatly depending on the state and the severity of the offense.
• Jail Time: Misdemeanor charges can result in jail time, while felony charges can lead to much longer prison sentences.
• Community Service: The court may order community service as part of the sentence.
• Driver’s License Suspension or Revocation: Your driver’s license may be suspended or revoked, even if you were not driving at the time of the offense.

Other Consequences

• Criminal Record: A conviction for a fake ID offense will create a criminal record, which can impact future employment opportunities, housing applications, and educational pursuits.
• Impact on Education: Students may face disciplinary action from their school or university, potentially including suspension or expulsion.
• Difficulty Obtaining Employment: Many employers conduct background checks, and a criminal record can make it difficult to find a job.
• Ineligibility for Certain Benefits: A criminal record may disqualify you from receiving certain government benefits or obtaining professional licenses.

Hopefully, this gave you a clearer picture of what’s involved when wondering is having a fake id a felony. It’s a tricky area, so staying informed is key. Best of luck out there!