Legal Status of Fake IDs by Country and State

The legal consequences of owning and using counterfeit identification papers vary by state and include an array of sanctions that can vary from fines to criminal charges, depending on state and specific actions taken.

United States

In America, possession and use of fake identification is illegal in every state, though the intensity of punishment for such crimes can be quite different. In Florida and Illinois, for example, persons found possessing fake identification can be charged with felonies that result in more harsher consequences, such as higher fines and longer sentences in prison. In other places, however, similar offenses could be defined as misdemeanors, which generally involve relatively lesser punishment. In Virginia, for example, possession of fake identification is largely defined as Class 1 misdemeanor, which can result in a maximum one-year incarceration, up to $2,500 fines, and/or required community service or suspension of the person’s license to drive (Lawpedic) (Lawrina) (JRLaw PLC).

In Texas, the legal ramifications of using a false ID fall under the state's forgery and fraud laws, with possible charges ranging from misdemeanors to felonies depending on intent and the specifics of the offense. Presenting a false ID as one's own, especially with the intent to purchase alcohol while being underage, is taken very seriously and can have severe consequences (Texas Criminal Defense Group).

National-Level Legislation

According to provisions of the federal law, that is, 18 U.S.C. § 1028, it is an offense to be in possession of, distribute, or use counterfeit identification papers, especially where such papers are used to support other criminal activities, like fraud. This legal provision is used to award a maximum of 15 years of imprisonment, heavy fines, and asset forfeiture of properties used in perpetrating the crime. Federal prosecutions only occur where there is extensive use of fraud or identity theft (The Federal Criminal Attorneys).

Global perspective

Legal systems and related penalties for the use of forged identification papers also differ greatly among countries, generally reflecting each country's attitude towards fraud, theft of identities, and integrity of identification systems. Most countries classify possession and use of forged identification as criminal offenses, often attaching harsh punishments to discourage identity offenses.

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