A fake identification (ID) under California law may be an ID that has been forged, e.g., possibly a completely false California driver’s license. It may be altered. Or a fake ID may be the real ID of one person when it is used by another for unlawful purposes, e.g., when a minor uses an adult’s valid ID for buying alcoholic beverages. A California lawyer consultation would help a person understand the elements of the offense.
Fake IDs can be defined as follows:
- Synthetic ID: A synthetic ID is created in total using fabricated personal data and, often, a fabricated template. The identity it supposedly verifies may be completely false, or “synthetic.”
- Counterfeit ID: A counterfeit is a document that has been reproduced with the intent of closely resembling an authentic ID. It might have such sophisticated features as simulated holograms and substrate look‑alikes.
- Altered ID: An altered ID is a real, valid government‑issued ID on which the visible fields or photos have been physically modified while some of its original security features remain unchanged.
Reportedly, the demand for fake IDs is huge, and counterfeiters are skilled at producing them, so good, in fact, that the fakes may be hard to differentiate from legitimate IDs. They may have holograms, UV verification, and barcodes.
It has been reported that in 2019, the U.S. Customs and Border Protection seized more than 5,000 fake IDs that had been transported from China; they had advanced security features so they would not have been detectable. And as detection methods become more sophisticated, so do the fake IDs. There is a huge market which makes production of fake IDs a profitable criminal business.
Why Do People Use Fake Driver’s Licenses in California?
In California, people are likely to use fake driver’s licenses and other forms of fake IDs, because they do not have the ID they need to access some product or activity with their own valid ID as in the example of underage customers buying alcohol mentioned above. Or minors might use a fake ID to get into a nightclub or bar.
It is important to note that anyone between the ages of 12 and 17 who violates a state or federal criminal law would be charged with a juvenile crime and come within the jurisdiction of the California juvenile court system. A California lawyer would be able to explain how the juvenile court system works.
An individual might obtain a fake driver’s license, because they risk criminal prosecution if they are caught driving with their own suspended or revoked driver’s license. Or a person may use a fake Social Security card, so they can get a job when they do not have a Social Security card because they lack citizenship status.
In addition, on the job, a worker may be able to avoid background checks or access restricted areas of their worksites with a fake ID.
Other possible uses of fake IDs, including driver’s licenses, are as follows:
- Financial Fraud: Someone might use a fake ID to open bank accounts, obtain credit cards, apply for loans, or otherwise perpetrate identity theft.
- Evasion of the Law: An individual might use a fake ID to avoid law‑enforcement, debt collection, or sanctions. They might hide their real identity for illicit activity.
- International Travel: An individual may want to cross international borders when they do not have the necessary documentation themselves, e.g., a passport or necessary visa. A traveler may want to conceal their travel history.
- Peer Social Pressure: A young person may seek social acceptance, wanting to appear older in order to socialize, date, travel, or attend events.
Among the types of ID that may be used to perpetrate the crime are the following:
- A state identification card issued by the California Department of Motor Vehicles (DMV)
- A military ID
- A U.S. passport or the passport of another country
- A state or federal employee identification card.
What Are Fake ID Offenses and Penalties in California?
There are a number of fake ID offenses with varying penalties. In California, it is a crime to possess or display a forged or counterfeit driver’s license or state ID card. This law applies to everyone regardless of their age or the purpose for which they use or plan to use the fake ID. The key element is that the individual has the ID with the intent to use it to commit fraud.
This offense is known as a “wobbler” in California law, which means that prosecutors can charge the perpetrator with either a misdemeanor or a felony depending on the circumstances:
- Misdemeanor: A person convicted of misdemeanor possession of a fake ID may be sentenced to as much as 1 year in a county jail and/or payment of a fine of up to $1,000.
- Felony: A person convicted of felony possession of a fake ID may be sentenced to as much as 3 years of incarceration and/or payment of a fine of up to $10,000.
- Other Possible Sentences: A person convicted of this offense might also be sentenced to probation, community service or diversion programs, e.g., educational programs.
Prosecutors are more likely to charge the crime as a felony if the fake ID was used in the perpetration of a large fraud scheme, or if it was used repeatedly. If the perpetrator has prior criminal convictions, again, they are more likely to be charged with a felony offense.
Another offense that involves fake ID is that of pretending to be someone else and taking an action in that assumed identity that could create a legal consequence for the real person and/or a benefit for the perpetrator. In California, this offense is also a wobbler.
A misdemeanor conviction can end in the perpetrator spending up to 1 year in county jail and paying a fine of as much as $10,000. A felony conviction can end in the perpetrator receiving a maximum of 3 years in custody and/or paying a fine of as much as $10,000.
The use of another individual’s personal identifying information for an unlawful purpose is yet another criminal offense that may involve the fake IDs. Again, the offense is a wobbler. If convicted of a misdemeanor, the perpetrator may spend up to 1 year in county jail and/or pay a fine. A person convicted of a felony may spend up to 3 years in state prison.
Yet another offense involving fake IDs is acquiring or keeping someone else’s personal information with the intent to defraud. This offense is intended to apply to the individual who collects IDs for later use.
As in all criminal cases, the penalties are more severe if the defendant has prior convictions. In the case of fake ID offenses, when the conduct involves 10 or more victims, this too may lead to more severe punishment, e.g., because the offense is charged as a felony rather than a misdemeanor.
What Happens if You Are Caught Making a Fake ID in California?
Making a fake identification is a separate crime from simple possession of a fake identification. Anyone who forges, alters, duplicates, or counterfeits a government-issued driver’s license or other ID card with the intent that it be used to commit fraud is guilty of a criminal offense.
This offense is also a wobbler with the same possible punishment, i.e., a maximum of 1 year in a county jail if charged as a misdemeanor, or a maximum of 3 years in custody if charged as a felony.
Someone who manufactures fake IDs for friends or customers can be charged, of course, and may face a separate and additional charge for each ID they produce.
What about Using a Fake ID To Buy Alcohol in California?
The scenario most people picture when they hear “fake ID” is an underage person trying to get into a club or buy an alcoholic beverage. This conduct is criminal per the California Business and Professions Code, which makes it a crime for a person under the age of 21 to use a fake ID to get into a place where alcohol is served or to purchase an alcoholic beverage.
This includes showing a forged ID, an altered ID, or someone else’s real ID. It is a misdemeanor criminal offense.
Conviction of a first offense may lead to payment of a minimum fine of $250 or 24 to 32 hours of community service or both. The law prevents the sentencing judge from reducing or suspending the fine or the number of hours of community service. If a defendant is convicted of a second offense, the fine goes up to $500 and community service increases to 36 to 48 hours.
The statute specifically requires that community service be performed at the location of an alcohol or drug treatment program or at a county coroner’s office, if there is one in the defendant’s locale.
Committing this crime could also result in a prosecutor charging the perpetrator with another crime or crimes under California law. If the fake ID used is a forged driver’s license, the perpetrator may be subject to an additional, more serious charge.
Do You Need a California Criminal Defense Lawyer for Fake ID Charges?
If you are a minor who has been charged with a fake ID offense, you want to talk to a California juvenile lawyer. Your lawyer will be familiar with California’s juvenile court system. They can review the facts of your situation and advise you as to the best way forward.
If you are an adult who has been charged with a fake ID offense, you want to talk to a California criminal defense lawyer. Your lawyer will review the facts and advise you as to what your best next steps will be. LegalMatch can help you connect with the right attorney for your needs.
