A fake identification (ID) under Texas law may be an ID that has been forged, e.g., possibly a completely false Texas driver’s license or Social Security card. Or a fake ID may be a government-issued document on which some information has been altered. For example, the birth date may be changed, so the person who possesses it appears older.
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 Texas 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 a totally false ID. It may be created using completely fabricated personal data and, often, a fabricated template. The identity it supposedly verifies may be completely false, or “synthetic.” Or, it may be created with the personal identifying information of a real victim.
- 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.
Why Do People Use Fake Driver’s Licenses in Texas?
The most common offense related to fake IDs in Texas involves minors falsely claiming to be 21 or older in order to buy alcoholic beverages. The charge is classified as a Class C misdemeanor. For those convicted, the penalty is a maximum fine of $500.
Adults may manufacture and use fake IDs for many different purposes. An individual might obtain a fake driver’s license, because they risk criminal criminal charges 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 to participate in 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 Texas Department of Public Safety
- A military ID
- A U.S. passport or the passport of another country
- A state or federal employee identification card.
It is important to note that In Texas, an underage juvenile is an individual between the ages of 10 and 17. Once a person turns 17, they are automatically treated as an adult under Texas criminal law, even if the offense with which they are charged is not serious.
Anyone between the ages of 10 and 16 who violates a state criminal law would be charged with a juvenile crime and come within the jurisdiction of the Texas juvenile court system. A Texas lawyer would be able to explain how the state’s juvenile court system works.
What Are Fake ID Offenses and Penalties in Texas?
Texas has no single “fake ID law.” There are a number of fake ID offenses with varying penalties in Texas. Prosecutors pick from several statutes based on the facts of a perpetrator’s case. The most common charge is tampering with a governmental record under the Texas law that makes it a crime for anyone to use, possess, or create a false document with knowledge that it is fake.
Under this law, a false document could be a forged driver’s license, altered state IDs, or any other government-issued document that has been falsified in any way.
In Texas, simple possession of a fake driver’s license or certificate is illegal. Specifically possessing a document that is “deceptively similar” to an official driver’s license or personal ID is illegal.
It is also a criminal offense in Texas to use, possess, or transfer the identifying information of another person without their consent. Specifically, it is the crime of “fraudulent use or possession of identifying information.” This “identifying information” can include transferring another person’ s official government documents, e.g., a driver’s license, birth certificate, or Social Security card, without their consent.
Violations of this law can be charged as a Class B misdemeanor or a 2nd- or 3rd-degree felony, depending on the exact nature of the crime. If convicted, a person could face punishment including payment of a fine of $2,000 to $20,000 and incarceration in jail for a maximum of 1 year. A person could face prison time if they are convicted of a felony.
A document is “deceptively similar” to an official license or certificate if “a reasonable person would assume that it was issued by the department, another agency of this state, another state, or the United States.” A police officer can confiscate any fake ID that is “deceptively similar” to an official document that does not have the phrase, “not a government document,” printed on it, according to legal requirements.
As noted above, simple possession of a fake ID is a Class C misdemeanor. A juvenile court may supervise a minor under 17 convicted of possession of a fake ID while they complete community service.
What Happens if You Are Caught Making a Fake ID in Texas?
An individual who makes a fake ID in Texas is likely to be charged with the crime of tampering with a governmental record under the Texas Penal Code. The law applies to anyone who uses, possesses, or creates a false document with knowledge that it is fake. It applies to the manufacture of forged driver’s licenses, altered state IDs, and any other falsified government-issued document.
It is important to note that producing or transferring government-style identity documents is also a federal crime. Conviction can be punished by up to 15 years in federal prison if the offense is serious. In addition, a defendant may be sentenced to payment of a fine as much as $250,000 or, again, in the most serious cases, a fine of twice the amount of money the defendant reaped from their illegal activity.
What about Using a Fake ID To Buy Alcohol in Texas?
As noted above, if an individual is under the age of 21, which is the legal drinking age in Texas, and they buy alcohol or gain entry into a club or bar, they are likely to be charged with a violation of the Texas Alcoholic Beverage Code. This is a less serious offense reserved for minors who falsely claim to be 21 or present a fake ID that suggests that they are 21 or older.
In Texas, a minor who misrepresents their age may be convicted of a Class C misdemeanor. The punishment is payment of a maximum fine of $500.
When someone uses another person’s actual ID or identifying information, the prosecution is likely to charge them with fraudulent use or possession of identifying information under the Texas Penal Code. This is essentially identity theft, and it is a felony criminal offense.
If an individual uses a fake ID to pretend that they are a police officer or other government official, they can be charged with the crime of impersonating a public servant under the Texas Penal Code, which is a 3rd-degree felony. The punishment for conviction of a 3rd-degree felony is imprisonment in a Texas state prison for not less than 2 years and not more than 10 years. The defendant may also be sentenced to payment of a maximum fine of $10,000.
Do You Need a Texas 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 Texas juvenile lawyer. Your lawyer will be familiar with Texas’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 Texas criminal defense lawyer. Your lawyer will review your case and the charges you face. Your lawyer will be able to advise you as to what your best next steps will be. LegalMatch can help you find the right criminal attorney in your area.
