Having a fake ID is a crime in every state. You could even face a felony charge depending on the circumstances.
What States Is It A Felony To Have A Fake ID?
Possessing a fake ID is usually a misdemeanor offense, especially if you’re a minor purchasing alcohol.
But if you’re caught using a fake ID, you could end up with a felony conviction depending on the reason you used the ID. That’s right, when you use a fake ID you aren’t just committing a single offense.
The first offense is possessing a fake ID. For instance, you could get caught at a routine traffic stop if an officer has cause to search your vehicle. Even though you’re driving on your valid license, you’re in trouble if they find the fake ID you use to get into bars.
You commit a second offense when you commit an illegal act using the fake ID – buying alcohol as a minor, driving without passing your test or driving with a suspended license, check cashing fraud, presenting false identification to a police officer, establishing a false identity, etc.
Using a fake ID could result in felony charges if, for example, you attempt to commit identity theft, credit card fraud, or take out a loan.
It’s a felony in all states to use a fake ID to purchase a firearm.
What Happens If Your Fake ID Gets Taken?
If you’re a minor trying to buy alcohol, the retail clerk or bartender could confiscate the fake ID and call the police. If police are patrolling nearby, they can quickly pick you up based on your description.
Are the police going to make an effort to track you down? Maybe.
Does your fake ID have your real name on it with an altered birthdate? Then you’ll be easy to find.
If your fake ID was a real ID that you borrowed, you could be charged with identity theft if the police link the ID back to you.
Prosecution
Minors under the age of 18 are prosecuted as juveniles. Penalties for juveniles are typically more lenient. Upon application to the court, your juvenile criminal record will be sealed, meaning future potential employers won’t be able to see your record unless you’re applying for a sensitive position (police officer, for example).
Individuals over the age of 18 are prosecuted as adults. Even though you’re a minor when it comes to buying alcohol, you’re an adult when it comes to criminal charges.
Fake ID Laws By State
Because there’s a wide range of crimes associated with using a fake ID, there’s also a wide range of possible penalties. This final section only focuses on the penalties for the act of possessing a fake ID. Penalties include jail time and/or fines.
Alabama | Class A misdemeanor – Jail up to 1 year – Fine up to $6,000 |
Alaska | Class A misdemeanor – Jail up to 1 year – Fine up to $10,000 |
Arizona | Class 1 misdemeanor – Jail up to 6 months – Fine up to $2,500 |
Arkansas | Class A misdemeanor – Jail up to 1 year – Fine up to $1,000 |
California | Infraction or misdemeanor – Jail up to 6 – Fine up to $1,000 |
Colorado | Class 2 misdemeanor – Jail up to 1 year – Fine up to $1,000 |
Connecticut | Class C misdemeanor – Jail up to 3 months – Fine up to $500 |
Delaware | Unclassified misdemeanor – Jail up to 30 days – Fine up to $575 |
Florida | First-degree misdemeanor – Jail up to 1 year – Fine up to $1,000 |
Georgia | Misdemeanor – Jail up to 1 year – Fine up to $1,000 |
Hawaii | Misdemeanor – Jail up to 30 days – Fine up to $1,000 |
Idaho | Misdemeanor – Jail up to 6 months – Fine up to $1,000 |
Illinois | Class A misdemeanor – Jail up to 1 year – Fine up to $2,500 |
Indiana | Class A misdemeanor – Jail up to 1 year – Fine up to $5,000 |
Iowa | Serious misdemeanor – Jail up to 1 year – Fine up to $1,875 |
Kansas | Class A nonperson misdemeanor – Jail up to 1 year – Fine up to $2,500 |
Kentucky | Class B misdemeanor – Jail up to 90 days – Fine up to $250 |
Louisiana | Misdemeanor – Jail up to 6 months – Fine up to $500 |
Maine | Civil violation – Fine up to $1,000 |
Maryland | Misdemeanor – Jail up to 1 year – Fine up to $1,000 |
Massachusetts | Civil offense – Fine up to $300 |
Michigan | Misdemeanor – Jail up to 93 days – Fine up to $500 |
Minnesota | Gross misdemeanor – Jail up to 1 year – Fine up to $3,000 |
Mississippi | Misdemeanor – Jail up to 6 months – Fine up to $1,000 |
Missouri | Class A misdemeanor – Jail up to 1 year – Fine up to $2,000 |
Montana | Misdemeanor – Jail up to 6 months – Fine up to $500 |
Nebraska | Class III misdemeanor – Jail up to 3 months – Fine up to $500 |
Nevada | Misdemeanor – Jail up to 6 months – Fine up to $1,000 |
New Hampshire | Class A misdemeanor – Jail up to 1 year – Fine up to $2,000 |
New Jersey | Fourth-degree crime (felony) – Prison up to 18 months – Fine up to $10,000 |
New Mexico | Petty misdemeanor – Jail up to 6 months – Fine up to $500 |
New York | Violation – Jail up to 15 days – Fine up to $1,000 |
North Carolina | Class 1 misdemeanor – Jail up to 120 days – Fine up to $1,000 |
North Dakota | Class B misdemeanor – Jail up to 30 days – Fine up to $1,500 |
Ohio | First-degree misdemeanor – Jail up to 180 days – Fine up to $1,000 |
Oklahoma | Misdemeanor – Jail up to 1 year – Fine up to $1,000 |
Oregon | Class A misdemeanor – Jail up to 1 year – Fine up to $6,250 |
Pennsylvania | Summary offense – Jail up to 90 days – Fine up to $300 |
Rhode Island | Misdemeanor – Jail up to 1 year – Fine up to $1,000 |
South Carolina | Misdemeanor – Prison up to 3 years – Fine up to $1,000 |
South Dakota | Class 1 misdemeanor – Jail up to 1 year – Fine up to $2,000 |
Tennessee | Class A misdemeanor – Jail up to 1 year – Fine up to $2,500 |
Texas | Class C misdemeanor – Jail up to 1 year – Fine up to $500 |
Utah | Class B misdemeanor – Jail up to 6 months – Fine up to $1,000 |
Vermont | Civil offense – Fine up to $1,000 |
Virginia | Class 1 misdemeanor – Jail up to 1 year – Fine up to $2,500 |
Washington | Gross misdemeanor – Jail up to 364 days – Fine up to $5,000 |
West Virginia | Misdemeanor – Jail up to 1 year – Fine up to $1,000 |
Wisconsin | Class A misdemeanor – Jail up to 9 months – Fine up to $10,000 |
Wyoming | Misdemeanor – Jail up to 6 months – Fine up to $750 |
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