According to the Federal Trade Commission (FTC) and the U.S. Department of Justice, using false identification—whether it’s a driver’s license, passport, or any official document—is classified as identity fraud, which is a federal offense under certain circumstances. In 2023 alone, the FTC received over 1.1 million reports of identity-related crimes, and a surprising number of those involved fake or altered documents used by individuals under 25.
What Is False Identification?
False identification refers to any use, possession, or creation of fake, forged, or altered identification documents. This includes:
- Using someone else’s ID as your own.
- Using a counterfeit ID (made from scratch).
- Altering a real ID (changing birth date, photo, or name).
- Using a dead person’s identity (yes, that’s a thing).
- Creating or selling fake IDs (very serious crime).
These actions fall under different legal terms like:
- Identity fraud
- Forgery
- Criminal impersonation
- Unauthorized use of government-issued documents
Each of these can carry different charges based on intent, usage, and state law.
Federal vs. State Law
Here’s where things get technical.
Federal Law (United States Code 18 U.S.C. § 1028)
Under this federal law, it’s illegal to:
- Produce or transfer false identification documents.
- Possess fake IDs with the intent to defraud the U.S. government or commit other crimes.
Punishment: Up to 15 years in prison if used for terrorism or immigration fraud.
Even simple possession can carry up to 5 years in federal prison under certain conditions.
State Laws
Each state has its own interpretation of what qualifies as a felony or misdemeanor when it comes to false ID. So, the same action in one state might get you a slap on the wrist, while in another, it could mean a felony charge and a permanent record.
| State | Law | Typical Charge |
|---|---|---|
| Alabama | Code § 13A-9-6 (Criminal Possession of a Forged Instrument) | Felony |
| Alaska | AS § 11.46.505 (Forgery in the 2nd Degree) | Felony |
| Arizona | ARS § 13-2002, § 4-241(M) (Misrepresentation of Age) | Misdemeanor |
| Arkansas | AR Code § 5-27-502 (Fraudulent Use of ID) | Misdemeanor |
| California | Penal Code § 470b (Possession of Fake ID) | Misdemeanor |
| Colorado | CRS § 42-2-309 & § 18-5-102 (Forgery, False Affidavit to DMV) | Felony/Misdemeanor |
| Connecticut | CGS § 53a-139 (Forgery 2nd Degree) | Felony |
| Delaware | 21 Del. C. § 2751A (Possession of Fictitious ID) | Misdemeanor |
| Florida | Statute § 322.212 (Possession of Fake Driver’s License) | Felony |
| Georgia | OCGA § 16-9-4 (Forgery in the 2nd Degree / Fake ID Use) | Felony |
| Hawaii | HRS § 710-1060 (Forgery) | Felony |
| Idaho | ID Code § 18-3601 (Forgery); § 23-615 (Minors Using Fake ID for Alcohol) | Felony/Misdemeanor |
| Illinois | 15 ILCS 335/14B (Possession of Fraudulent ID) | Misdemeanor |
| Indiana | IC § 35-43-5-2 (Forgery); IC § 7.1-5-7-1 (Misrepresentation of Age) | Felony/Misdemeanor |
| Iowa | IA Code § 715A.2 (Forgery); § 321.216B (Fake DL) | Misdemeanor |
| Kansas | KSA § 8-260 & § 21-5823 (Unlawful Use of ID, Forgery) | Felony/Misdemeanor |
| Kentucky | KRS § 514.040 (Theft by Deception); § 186.990(3) (Fake Driver License) | Misdemeanor |
| Louisiana | LA RS § 14:67.16; § 14:72 (ID Theft and Forgery) | Felony |
| Maine | 29-A MRS § 2101 & § 2102 (Possession of Fake ID) | Misdemeanor |
| Maryland | CR § 8-303 (Fraudulent Personal ID) | Misdemeanor |
| Massachusetts | MGL c.90 § 24B (False Licenses); c. 266 § 67 (Forgery) | Felony/Misdemeanor |
| Michigan | MCL § 750.248 (Forgery); MCL § 28.295a (Fake DL/ID Use) | Felony |
| Minnesota | MN Stat § 171.22(1) (Misuse of ID); § 609.63 (Forgery) | Felony/Misdemeanor |
| Mississippi | MS Code § 97-19-7 (Forgery); § 63-1-60 (Fake DL) | Felony |
| Missouri | RSMo § 311.320 (Minor Possession of Fake ID); § 570.090 (Forgery) | Misdemeanor/Felony |
| Montana | MCA § 45-6-325 (Deceptive Practices); § 61-5-125 (Fake DL) | Misdemeanor |
| Nebraska | Neb. Rev. Stat. § 60-4,155 (Fake DL); § 28-602 (Forgery) | Misdemeanor/Felony |
| Nevada | NRS § 205.465 (Possession of Fake ID) | Felony |
| New Hampshire | RSA § 263:12 (Misuse of Driver License); § 638:1 (Forgery) | Felony/Misdemeanor |
| New Jersey | N.J.S.A. § 2C:21-2.1 (False Government Documents) | Felony (Third Degree) |
| New Mexico | NMSA § 66-5-38 (Unlawful Use of License) | Misdemeanor |
| New York | Penal Law § 170.25 (Criminal Possession of Forged Instrument) | Felony |
| North Carolina | NCGS § 20-30 (Fraudulent Use of DL); § 14-122.1 (Forgery) | Misdemeanor/Felony |
| North Dakota | NDCC § 39-06-20 (Unlawful Possession of DL); § 12.1-24-01 (Forgery) | Misdemeanor/Felony |
| Ohio | ORC § 2913.31 (Forgery); § 4507.30 (Fake DL) | Misdemeanor/Felony |
| Oklahoma | 21 O.S. § 1550.42 (False ID); § 1561 (Forgery) | Misdemeanor/Felony |
| Oregon | ORS § 165.007 (Forgery); § 807.500 (Fake DL) | Felony |
| Pennsylvania | 18 Pa. C.S. § 4106 (False ID Cards) | Misdemeanor |
| Rhode Island | R.I. Gen. Laws § 11-17-1 (Forgery); § 3-8-6 (Fake ID for Alcohol) | Misdemeanor |
| South Carolina | S.C. Code § 56-1-510 (Fraudulent Use of DL); § 16-13-15 (Forgery) | Felony/Misdemeanor |
| South Dakota | SDCL § 32-12-17.3 (Possession of Fake DL); § 22-39-36 (Forgery) | Misdemeanor/Felony |
| Tennessee | TCA § 39-14-114 (Forgery); § 55-50-603 (Fake DL) | Misdemeanor/Felony |
| Texas | Penal Code § 521.451 (Fake DL or ID) | Felony/Misdemeanor |
| Utah | Utah Code § 76-6-501 (Forgery); § 53-3-227 (Fake DL Use) | Misdemeanor |
| Vermont | 23 V.S.A. § 205 (Fake DL); 13 V.S.A. § 1801 (Forgery) | Felony/Misdemeanor |
| Virginia | Code § 18.2-204.1 (Fake ID Use or Sale) | Felony |
| Washington | RCW § 46.20.0921 (Fake DL); § 9A.60.020 (Forgery) | Felony |
| West Virginia | WVC § 17B-3-12 (Fraudulent Use of DL); § 61-3-22 (Forgery) | Misdemeanor/Felony |
| Wisconsin | Wis. Stat. § 343.43 (Unlawful Use of DL); § 943.38 (Forgery) | Misdemeanor/Felony |
| Wyoming | Wyo. Stat. § 6-3-602 (Forgery); § 31-7-134 (Fraudulent DL Use) | Misdemeanor/Felony |
Learn More: Battery vs Assault
Is Using a Fake ID a Felony?
Yes, it can be.
But whether it’s a felony or misdemeanor depends on:
- Why you’re using it (to buy beer vs. defraud a bank).
- Who the ID belongs to (your friend vs. a real person you’re impersonating).
- Whether you’re just using it or producing/selling it (manufacturing is a major felony).
- Your age and criminal history.
In general:
| Fake ID Scenario | Possible Charge |
|---|---|
| Underage drinking access | Misdemeanor |
| Lying to police with false ID | Felony in many states |
| Creating or selling fake IDs | Felony |
| Using fake ID for bank fraud or immigration | Federal felony |
| Attempting to enter government building with ID | Federal felony |
Common Situations Where People Use Fake IDs
Most fake ID cases involve young adults or minors. Here’s where they’re usually used:
- Buying alcohol or tobacco before age 21
- Getting into 21+ bars or nightclubs
- Renting cars underage
- Skipping curfews
- Buying lottery tickets or firearms (serious federal crimes)
Other more serious cases involve adults using fake IDs to:
- Commit fraud or theft
- Escape warrants or probation
- Avoid deportation
Penalties for Fake ID Use (Misdemeanor vs. Felony)
🔹 Misdemeanor Penalties:
- Jail time: Up to 12 months
- Fines: $500 – $5,000
- License suspension
- Community service
- Probation
🔸 Felony Penalties:
- Jail or prison: 1–15 years
- Fines: $5,000 – $100,000+
- Permanent criminal record
- Loss of voting rights, gun rights, or immigration status
Minors vs. Adults: Who Gets Treated More Harshly?
Minors (under 21):
- Often get diversion programs or probation.
- May avoid jail if it’s a first offense.
- But repeated offenses = juvenile detention or adult court.
Adults:
- Judges are less lenient.
- Felony charges are more likely.
- Fake ID used to deceive law enforcement = automatic felony in many states.
Fake IDs in College: Case Study and Campus Policies
According to a 2022 study by the Journal of American College Health, nearly 32% of college students have used a fake ID at least once.
Many universities have strict policies:
- University of Florida: Fake ID = code of conduct violation + campus police.
- Penn State: Students may face suspension.
- Ohio State University: Offenders can face both campus discipline and state charges.
Case Study
At the University of Michigan, a 19-year-old student used a fake out-of-state license to enter a bar. She was caught, charged with criminal impersonation, and had to complete 200 hours of community service + a $2,500 fine.
Can You Go to Jail for a Fake ID?
Yes. In states like New York or Florida, it’s not uncommon for fake ID possession to lead to jail time—especially if:
- You lied to law enforcement.
- You’re caught with multiple fake IDs.
- You’re involved in distribution or manufacturing.
Long-Term Consequences: Background Checks, Jobs, and Immigration
Here’s what people don’t realize:
- Background checks will show your conviction.
- Employers, especially in law, healthcare, or finance, might reject you.
- Immigration status can be denied or revoked.
- Federal student aid can be affected.
What To Do If You’re Caught With a Fake ID?
- Stay calm. Don’t lie or escalate.
- Call an attorney. Do NOT try to talk your way out alone.
- Cooperate, but don’t self-incriminate.
- Ask if you’re being charged or detained.
- Understand your rights under your state’s laws.
How to Spot a Fake ID (For Businesses & Bartenders)?
Fake IDs have:
- Blurry or low-res photos
- Incorrect font or state symbols
- Wrong height, weight, or date formatting
- Poor holograms
- No magnetic strip data
Many bars use ID scanners that verify barcodes with DMV databases.
Final Thoughts
Here’s the deal: That $80 fake ID might seem like a ticket to fun—but it could cost you years of legal trouble, a criminal record, or even jail.
Even if you “just want to buy beer,” the law doesn’t care. So before you flash that fake license, think about what’s really at stake.
FAQs
Is using a fake ID always a felony?
No. It depends on intent, state law, and whether other crimes are involved.
Will a fake ID charge go on my permanent record?
If convicted, yes. However, some first-time offenders can get charges expunged.
Can international students be deported for using a fake ID?
Yes. It counts as fraud and may violate visa or immigration terms.
Is it illegal to have a false identity?
Yes, having or using a false identity is illegal in the United States. It’s considered identity fraud or criminal impersonation, both of which can lead to misdemeanor or felony charges depending on intent—especially if used to deceive law enforcement, commit fraud, or obtain benefits.
Can you go to jail for lying about your identity?
Yes, you can go to jail for lying about your identity, especially if it’s to avoid arrest, mislead law enforcement, or commit fraud. In many states, this is a felony offense and can lead to fines, probation, or prison time.
