Is False Identification a Felony? (Can you use a Fake ID)

Introduction: The Alarming Reality of Fake ID Use

In today’s digital age, the use of a fake ID has reached epidemic proportions. But how many people truly understand the gravity of this offense? Brace yourself for some startling statistics:

• According to a 2023 study, over 25% of college students admit to using a fake ID!
• The FBI reports that identity fraud costs Americans a whopping $16.8 billion annually.
• Shockingly, 1 in 15 Americans fall victim to identity theft each year.

These numbers are just the tip of the iceberg. But the burning question remains: Is false identification a felony? Let’s dive deep into this legal quagmire and uncover the truth.

Is False Identification a Felony?

The question of whether false identification constitutes a felony is more nuanced than you might think. Let’s break it down in detail:

Legal Classification

False identification can be classified as either a misdemeanor or a felony, depending on various factors:

1. The severity of the offense: Minor infractions, like using a fake ID to enter a bar, are typically misdemeanors. However, using false identification for more serious crimes (e.g., identity theft or fraud) can lead to felony charges.
2. Jurisdiction: Laws vary significantly between states and at the federal level. For example:

• In California, manufacturing a fake ID is a “wobbler” offense, which can be charged as either a misdemeanor or a felony.
• In Texas, using a fake ID is generally a Class A misdemeanor, but can be elevated to a felony if used to defraud or harm another.
• Federal law (18 U.S.C. § 1028) classifies many false identification offenses as felonies, especially those involving interstate commerce or affecting national security.

3. Intent: The purpose behind using false identification plays a crucial role:

• Malicious intent (e.g., to commit fraud or evade law enforcement) is more likely to result in felony charges.
• Using a fake ID for seemingly harmless reasons (like underage drinking) is often treated as a misdemeanor, though repeated offenses may escalate to felony territory.

4. Type of Identification: The nature of the fake ID matters:

• Forging government-issued documents (passports, social security cards) is typically a felony.
• Altering a driver’s license or possessing a fake driver’s license might be a misdemeanor in some jurisdictions, but a felony in others.

5. Quantity and Operation: Large-scale production or distribution of fake ID is almost always a felony offense.

Fake ID and the Law: Federal vs. State Laws

It’s crucial to understand that you could be prosecuted under both state and federal laws:

• Federal Law: The Identity Theft and Assumption Deterrence Act of 1998 makes it a federal crime to knowingly transfer, possess, or use the identification of another person with the intent to commit or aid in any unlawful activity.
• State Laws: Each state has its statutes. For instance:
  • New York classifies possessing a forged instrument (including fake IDs) as a class D felony under certain circumstances.
  • In Florida, possession of a fake ID is a third-degree felony, punishable by up to 5 years in prison. Florida’s fake ID laws are particularly stringent, classifying the possession of a fake ID as a third-degree felony, punishable by up to 5 years in prison.

Aggravating Factors

Certain circumstances can elevate a misdemeanor false ID charge to a felony, leading to more severe fake ID charges:

1. Prior convictions for similar offenses
2. Use of fake ID to commit other crimes
3. Creation or distribution of multiple fake IDs
4. Use of sophisticated technology in creating a fake ID
5. False identification of a minor (in some jurisdictions)

Real-World Scenarios

Let’s dive deeper into some realistic scenarios to illustrate the complexities of false identification laws:

1. The College Party-Goer (Expanded): 19-year-old Alex uses a fake ID to purchase alcohol for a college party. He’s caught by the liquor store owner who calls the police.

• Likely Outcome: In most states, this would be charged as a misdemeanor.
• Potential Consequences:
• Fine (typically $200-$1000)
• Possible community service (20-40 hours)
• Alcohol education program
• Driver’s license suspension (in some states)
• Long-term Impact: While not a felony, this misdemeanor can still appear on background checks and affect future job prospects.

2. The Identity Thief (Expanded): Sarah creates a false passport using stolen personal information. She uses this to open bank accounts and apply for credit cards in someone else’s name.

• Likely Outcome: Felony charges at both state and federal levels.
• Potential Consequences:
• Federal charges under 18 U.S.C. § 1028 (fraud in connection with identification documents)
• Additional charges for identity theft and bank fraud
• Prison sentence of 2-15 years (or more, depending on the scale of the fraud)
• Fines up to $250,000
• Restitution to victims
• Long-term Impact: Felony record, difficulty finding employment, loss of voting rights in some states.

3. The Undocumented Worker (Expanded): Miguel, an undocumented immigrant, uses a fake social security card to gain employment at a local factory.

• Likely Outcome: Could be charged as either a misdemeanor or a felony, depending on jurisdiction and circumstances.
• Potential Consequences:
• If treated as a misdemeanor: Up to 6 months in jail and fines
• If charged as a felony (e.g., under federal law): Up to 5 years in prison
• Deportation proceedings, regardless of whether it’s a misdemeanor or felony
• Long-term Impact: Criminal record affecting future immigration status, difficulty re-entering the country legally.

4. The Fraudster (Expanded): Tom runs an online operation creating and selling high-quality fake driver’s licenses and student IDs to college students across multiple states, committing a serious fake ID crime.

• Likely Outcome: Multiple felony charges at state and federal levels.
• Potential Consequences:
• Federal charges for manufacturing and trafficking in false identification documents
• Additional charges for wire fraud (due to online sales)
• Prison sentence of 10-20 years or more
• Fines up to $250,000 per count
• Asset forfeiture
• Long-term Impact: Extended prison time, felony record, financial ruin, lifetime ban from certain professions.

5. The Teenager’s Mistake: 16-year-old Emma uses her older sister’s ID to get into an R-rated movie.

• Likely Outcome: While technically illegal, this minor infraction might result in a warning rather than criminal charges.
• Potential Consequences:
• Warning from theater management or local police
• Possible citation for misrepresentation of age (in some jurisdictions)
• Parental notification
• Long-term Impact: Minimal, unless it’s part of a pattern of behavior.

6. The Document Forger: David operates a sophisticated operation creating false green cards and social security cards for undocumented immigrants.

• Likely Outcome: Multiple felony charges under state and federal law.
• Potential Consequences:
• Federal charges for document fraud and conspiracy
• Potential RICO (Racketeer Influenced and Corrupt Organizations Act) charges if part of a larger criminal enterprise
• A prison sentence of 15 years to life, depending on the scale of the operation
• Fines in the millions of dollars
• Long-term Impact: Extended imprisonment, permanent felony record, possible asset seizure.

These expanded scenarios illustrate the wide range of situations involving false identification and their potential legal consequences. They underscore the importance of understanding the serious nature of using, creating, or distributing false identification documents.

The Harsh Reality: Consequences of Fake ID Charges

If you’re caught using or creating false identification, the repercussions can be severe:

Misdemeanor Charges

• Fines ranging from $500 to $5,000
• Probation
• Up to one year in jail
• Community service
• Permanent criminal record

Felony Charges

• Hefty fines up to $25,000 or more
• Prison sentences from 1 to 10 years (or longer for severe cases)
• Probation
• Permanent felony record (impacting future employment, housing, and more)
• Loss of voting rights (in some states)
• Difficulty obtaining professional licenses

A criminal conviction for a felony charge can have long-lasting effects on your life, including difficulties in finding employment and housing.

Additional Consequences

• Suspension or revocation of your actual driver’s license
• Difficulty obtaining loans or credit
• Travel restrictions
• Deportation (for non-citizens)

Remember, these consequences can have long-lasting effects on your life, far beyond the immediate legal penalties. Possessing a fake ID that bears the logo or seal of a government agency can lead to even more severe legal consequences.

Frequently Asked Questions

1. Q: Can I get in trouble for using my older sibling’s real ID? A: Yes, using someone else’s real ID is still considered false identification and is illegal.
2. Q: What if I didn’t know the ID was fake? A: Ignorance is not typically a defense, but it may impact sentencing. Always verify the authenticity of your identification documents.
3. Q: Can I be charged with a felony for making fake IDs, even if I never used them? A: Yes, the production of false identification documents is often treated as a felony, regardless of whether they were used.
4. Q: Will a fake ID charge show up on background checks? A: Yes, both misdemeanor and felony charges typically appear on background checks unless expunged or sealed.
5. Q: Can I get my false ID conviction expunged? A: It depends on your jurisdiction and the specifics of your case. Consult with a local attorney for advice on expungement possibilities.
6. Q: Should I consult a criminal defense attorney if I am charged with using a fake ID? A: Yes, consulting a criminal defense attorney can help you navigate the legal system and develop a strong defense strategy.

Conclusion: Don’t Risk Your Future

The allure of using false identification (fake ID) might seem tempting, but the potential consequences far outweigh any short-term benefits. From misdemeanor charges to life-altering felony convictions, the risks are simply not worth it.

If you find yourself facing charges related to false identification, it’s crucial to seek professional legal help immediately. The complexities of these laws demand expert navigation.

Need Legal Assistance? Don’t face this alone. Our partner network of experienced criminal defense attorneys specializes in false identification cases and fake ID charge offenses . Click here to get a free consultation and protect your rights today!

Remember, your future is precious. Don’t let a moment’s decision lead to years of regret. Stay informed, stay legal, and stay safe.