Fake IDs; Penalties?

[Santo_Rugger]

Do the penalties vary between using a borrowed ID and using a forged one? If so, what are the different charges that can be filed (i.e. failure to provide proof of identification, document forgery, etc.). Is using a government issued ID that’s not yours versus a falsified ID that has your name on it significantly different in the eyes of the court

This question is purely an exercise in thought. It’s been discussed with the mods, so no need to report. They’ll allow the thread to survive as long as the conversation doesn’t stray towards making or obtaining a fake ID. Please do not discuss anything pertaining to those. You are not my lawyer, I am not your client. I realize the laws may vary widely from one jurisdiction to the next. I’m not asking for specific advice, only general knowledge.

[Santo_Rugger]

Just a friendly little :bump: to start the day.

[Max_Torque]

The answer is going to vary depending on how the ID is “used”, as you so vaguely put it in your post. Could you be more specific about how the ID is being “used”? As in, is the fake ID being presented to buy beer, or is it being presented to police because the person knows that his own ID has warrants, or what?

[Santo_Rugger]

@Max Torque

The answer is going to vary depending on how the ID is “used”, as you so vaguely put it in your post. Could you be more specific about how the ID is being “used”? As in, is the fake ID being presented to buy beer, or is it being presented to police because the person knows that his own ID has warrants, or what?

The conversation that spawned the question concerned trying to buy beer and/or get into a bar by a person 18-20 years old.

[Psycho_Originals]

@Pygmy Rugger

The conversation that spawned the question concerned trying to buy beer and/or get into a bar by a person 18-20 years old.

In Wisconsin the penalties for first time offenders are pretty small. $250 paid over the course of several months or taking a alcoholics class.

For repeat offenders the fines get much stiffer and range anywhere from fines to loss of liscense to jail time.

[Santo_Rugger]

@Psycho Originals

In Wisconsin the penalties for first time offenders are pretty small. $250 paid over the course of several months or taking a alcoholics class.

For repeat offenders the fines get much stiffer and range anywhere from fines to loss of liscense to jail time.

Are the penalties the same for using somebody else’s ID, verses using a forged one with the perpetrators real name and fake DOB?

[anson2995]

@Pygmy Rugger

The conversation that spawned the question concerned trying to buy beer and/or get into a bar by a person 18-20 years old.

No kidding.

In New York State, it’s a crime to provide false identification, regardless of whether it’s someone else’s ID, a legitimate ID that has been altered, or one that’s completely counterfeit. It’s a misdemeanor punishable by a fine of up to $100, community service of up to 30 hours, and completion of an alchol awareness program (ABC Law, 65-b-1). If you use a NY driver’s license as the false ID, the court can also suspend your license for 90 days.

Additionally, using a forged ID (i.e., one that has been altered or is completely counterfeit) is a class D felony, punishable by a fine up to $5,000, imprisonment up to 7 years, or both. (Penal Law, 170.25)

I suspect that this distinction is made in most other states as well. And while I doubt that the Dept of Homeland Security wants to get involved in busting underaged drinkers, I know that they’re aggressively pursuing folks who make and use forged ID’s for immigration purposes or to get employment.

Bottom line: using someone else’s ID is a minor crime, using a fake ID is a relatively major crime.

[Gfactor]

For starters, in New Mexico, you violate this statute whether you’ve got a forged ID or a legitimate one belonging to another guy in your dorm:

66-5-409. Unlawful use of identification card.

A. It is a misdemeanor for any person to:

(1) use or possess an altered, forged or fictitious identification card;

(2) alter or forge an identification card or make a fictitious identification card;

(3) lend the person’s identification card to any other person or to knowingly permit the use of the person’s identification card by another;

(4) display or represent as one’s own any identification card not issued to the person;

(5) use a false or fictitious name in any application for an identification card or knowingly make a false statement or conceal a material fact or otherwise commit a fraud in any such application; or

(6) make or permit any unlawful use of the identification card issued to the person.

B. For the purposes of this section, “identification card” means an identification card issued by the department pursuant to Section 66-5-401 or 66-5-404 NMSA 1978.

http://www.conwaygreene.com/nmsu/lpext.dll/nmsa2007feb/9b0/1d808/1df11/1e20a/1e223?f=templates&fn=document-frame.htm&2.0

You could probably get into additional trouble for forgery http://www.conwaygreene.com/nmsu/lpext.dll/nmsa2007feb/9b0/df38/e33d/e379?f=templates&fn=document-frame.htm&q=forgery&x=Simple&2.0#LPHit1 and possibly even violating this federal statute ( http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00001028----000-.html ) depending on the circumstances.