Is a fake ID a felony?

Texas

Texas: displaying or having a driver license or ID you know is fictitious or altered is a Class A misdemeanor. Manufacturing a counterfeit license with intent to sell it is a third-degree felony.¹

Having a counterfeit license with intent to sell it is a Class A misdemeanor, and having one with intent to use or pass it is a Class C misdemeanor. A person under 21 who has a lookalike document with intent to pass as 21 or older, without a red "NOT A GOVERNMENT DOCUMENT" notice, commits a Class C misdemeanor. Texas Transportation Code sections 521.451, 521.453 and 521.456.

Florida

Florida: knowingly having, showing, selling or making a fake driver license or ID card is a third-degree felony. Having one on which the birth date has been altered, or giving a false age on an application, is a second-degree misdemeanor.²

The law covers forged, stolen, fictitious, counterfeit and unlawfully issued licenses and ID cards, and lookalike instruments. Florida Statutes section 322.212.

California

California: having or showing a fictitious, altered or fraudulently obtained driver's license is a misdemeanor, and so is making or selling an ID document that looks like a license. Having a license or ID card to facilitate forgery can be punished as a felony.^3,4,5,6,7

Making or selling a lookalike ID document is punished by a fine of $250 to $1,000 and 24 hours of community service, or, at the court's choice, up to a year in jail and a fine of up to $1,000. Penal Code section 470b is punishable by up to a year in county jail or by imprisonment under section 1170(h). Vehicle Code sections 14610 and 14610.1 and Penal Code section 470b.

New York

New York: forging a written instrument officially issued by a public office is a class D felony, and so is possessing such a forgery with intent to defraud. Possessing any other forged instrument with intent to defraud is a class A misdemeanor.^8,9,10,11

A person under 21 who shows false written proof of age to buy alcohol commits a violation, which is below a misdemeanor. The statutes do not name driver licenses; they cover written instruments "officially issued or created by a public office." Penal Law sections 170.10, 170.20 and 170.25 and Alcoholic Beverage Control Law section 65-b.

Illinois

Illinois: a first conviction for having a fictitious or unlawfully altered driver's license is a Class A misdemeanor. Having a fraudulent license is a Class 4 felony, and so is making, duplicating or selling one.^12,13,14

A second conviction for having a fictitious or altered license is a Class 4 felony. A second or later conviction for most fraudulent-license offenses, including making or selling, is a Class 3 felony. Using a canceled, revoked or suspended license is a Class A misdemeanor, and a Class 4 felony for a second conviction. 625 ILCS 5/6-301, 6-301.1 and 6-301.2.

Ohio

Ohio: knowingly having or showing a fictitious ID card or license is a first-degree misdemeanor. Forging an ID card, or selling or distributing a forged one, is also a first-degree misdemeanor.^15,16

Forging other writings with purpose to defraud is a fifth-degree felony, which can rise to a fourth-degree or third-degree felony based on the value of the loss. Ohio Revised Code sections 4507.30 and 2913.31.

Pennsylvania

Pennsylvania: having a fictitious or fraudulently altered driver's license is a first-degree misdemeanor. A state employee or agent who knowingly issues one commits a third-degree felony.^17,18

A person under 21 who falsely claims to be 21 to get alcohol commits a summary offense the first time and a third-degree misdemeanor after that. 75 Pa.C.S. section 1571 and 18 Pa.C.S. section 6307.

Virginia

Virginia: having a fictitious, facsimile or simulated driver's license or other official ID is a Class 2 misdemeanor. Making, advertising or selling one is a Class 1 misdemeanor.^19,20,21

Lying on a license application is a Class 2 misdemeanor, or a Class 4 felony if done with intent to buy a firearm or to use as proof of residency under section 9.1-903. The fake-ID section also lets prosecutors charge forgery instead, a Class 5 felony under section 18.2-172, except for forging or using a license or ID as proof of age. Code of Virginia sections 18.2-204.2, 18.2-172 and 46.2-348.

Federal law makes it a crime to make, transfer or possess certain false IDs when there is a federal connection. Making or transferring a false driver's license or ID card can carry up to 15 years in prison.²²

Having five or more false IDs with intent to use or transfer them unlawfully, or using another person's means of identification in connection with a federal crime or a state felony, can carry up to 5 years, or up to 15 years if the misuse of another person's identification gets the person $1,000 or more in a year. Other cases carry up to one year. The maximum is 20 years when the offense aids drug trafficking, is tied to a crime of violence or follows a prior conviction under the section, and 30 years for terrorism. It applies only in the situations listed in 18 U.S.C. section 1028(c), such as a document that looks federally issued or conduct affecting interstate commerce.

A fake ID, in the law, is a driver license or ID card that is forged, altered, counterfeit or made up, or that belongs to someone else. State laws usually treat having or showing one, making or selling one, and lying on an application for a real one as separate crimes.^{1,2,3,5,12,13}

Florida bars knowingly having or showing a "blank, forged, stolen, fictitious, counterfeit, or unlawfully issued" license or ID card, and separately bars selling or making one. Texas bars displaying or having a license the person knows is fictitious or altered, and showing someone else's license as your own. California bars having a fictitious or altered license in one section and making or selling lookalike ID documents in another. Illinois splits fictitious or altered licenses from fraudulent ones.

Lying on an application for a real license or ID card is a separate offense. It is a misdemeanor in Texas, North Carolina and Virginia and a felony in Florida, and Virginia makes it a felony in set situations.^1,2,21,23

Texas makes giving a false name, false address or counterfeit document on a license application a Class A misdemeanor. North Carolina makes a false name or address, or other fraud, on an application a Class 1 misdemeanor. Virginia makes it a Class 2 misdemeanor, but a Class 4 felony if the license is used, or the fact concealed, with intent to buy a firearm or to use as proof of residency under section 9.1-903. Florida makes it a third-degree felony, except that giving a false age is a second-degree misdemeanor.

In Texas, California, Ohio, Pennsylvania, North Carolina and Virginia, knowingly having or showing a fictitious or altered driver license or ID card is a misdemeanor.^{1,3,4,15,17,19,23,24}

Texas makes it a Class A misdemeanor, California a misdemeanor, Ohio and Pennsylvania a first-degree misdemeanor, North Carolina a Class 2 misdemeanor and Virginia a Class 2 misdemeanor. In North Carolina the grade comes from a general rule that violations of the license article are Class 2 misdemeanors unless a section sets a different punishment. Virginia's section also covers facsimile and simulated IDs.

A person under 21 who shows a fake ID only to buy alcohol is often charged with a lesser offense. It is a Class C misdemeanor in Texas, a violation in New York, and a summary offense in Pennsylvania for a first offense.^1,11,18,25

In Texas, when the same conduct could be charged under the license law and the alcohol law, the person can be prosecuted only under the alcohol law, which is a Class C misdemeanor for most people. In New York, presenting false written proof of age to buy alcohol is a violation, with a first-time fine of up to $100, community service of up to 30 hours, or both. In Pennsylvania a first misrepresentation of age to get alcohol is a summary offense and later ones are third-degree misdemeanors.

A few states make simply having a fake license a felony. Florida makes it a third-degree felony, and Illinois makes having a "fraudulent" driver license a Class 4 felony.^2,12,13

Florida carves out a license on which the birth date has been altered, which is a second-degree misdemeanor. Illinois treats a first conviction for having a "fictitious or unlawfully altered" license as a Class A misdemeanor, but a second conviction as a Class 4 felony, and having one to get credit, commit theft or deceive is a Class 4 felony.

Making fake IDs is a felony in several states. Texas makes manufacturing them to sell a felony, Florida, Illinois and New York make making or selling them a felony, and North Carolina makes selling a copy or imitation of a license a felony.^{1,2,8,13,16,19,23}

Texas makes manufacturing a counterfeit license with intent to sell a third-degree felony, but having one with intent to sell is a Class A misdemeanor. Florida makes knowingly selling or making a fake license or ID a third-degree felony. Illinois makes duplicating, making, selling or transferring a fraudulent license a Class 4 felony. New York makes falsely making a written instrument officially issued by a public office forgery in the second degree, a class D felony. North Carolina makes selling or offering to sell a reproduction, facsimile or simulation of a license or ID card a Class I felony. Virginia's and Ohio's fake-ID sections make making and selling a misdemeanor.

Having a fake ID with intent to defraud or to commit another crime is treated more seriously. California can punish it with felony jail time, Illinois makes it a Class 4 felony, New York can make it a class D felony, and North Carolina makes it a Class I felony when a license with a false name is used in a felony.^{6,7,8,9,10,12,23}

California Penal Code section 470b covers having a driver's license or ID card with the intent that it be used to facilitate forgery, and is punishable by up to one year in county jail or by imprisonment under section 1170(h). Under section 17 of that code, a crime punishable under 1170(h) is a felony. Illinois covers having a fictitious or altered license with intent to commit theft, deception or card fraud. New York makes possessing a forged instrument with intent to defraud a class A misdemeanor, or a class D felony when the instrument is one of the kinds listed in its second-degree forgery law. North Carolina's Class I felony covers using a license or ID card with a false name in committing or attempting a felony.