Is Possessing a Fake ID a Felony?
In the United States, possessing a fake ID, also known as a forged identification, is a criminal offense that can result in serious consequences. But, is it a felony?
Direct Answer:
Possessing a fake ID is typically a misdemeanor offense, but the specific charge and penalties can vary depending on the state and circumstances. However, there are some exceptions where possessing a fake ID can be a felony.
Misdemeanor vs. Felony:
Before diving into the specifics, it’s essential to understand the difference between a misdemeanor and a felony. A misdemeanor is typically a less severe offense punishable by a fine, community service, or a short period of imprisonment (up to one year). On the other hand, a felony is a more severe offense punishable by imprisonment for more than one year or even life.
What is a Fake ID?
A fake ID is an identification document that appears to be genuine but is actually forged or altered to deceive others. This can include:
• Driver’s licenses
• State identification cards
• Passport cards
• Social Security cards
• Birth certificates
• Academic transcripts
Is Possessing a Fake ID a Felony?
While possessing a fake ID is usually a misdemeanor offense, there are some scenarios where it can be considered a felony:
• Intent to commit a more serious crime: If an individual possesses a fake ID with the intent to use it to commit a more serious crime, such as fraud, identity theft, or illegal voting, the charge can be upgraded to a felony.
• Aggravating circumstances: In some states, possessing a fake ID can be a felony if it involves aggravating circumstances, such as:
- Use of a fake ID to deceive a law enforcement officer or a government official
- Use of a fake ID to obtain a controlled substance or other illegal items
- Use of a fake ID to commit a crime against a minor or vulnerable individual
• Rehabilitation or enhancement: Some states have laws that increase the penalties for possessing a fake ID if the individual has a prior conviction for a similar offense or if they are using the fake ID to facilitate other illegal activities.
State-by-State Breakdown:
The laws regarding possessing a fake ID vary from state to state. Here is a breakdown of the maximum penalties for possessing a fake ID in each state:
| State | Maximum Penalty |
|---|---|
| Alabama | Class C Misdemeanor (up to $500 fine) |
| Alaska | Class B Misdemeanor (up to 90 days imprisonment) |
| Arizona | Class 1 Misdemeanor (up to 6 months imprisonment) |
| Arkansas | Class A Misdemeanor (up to 1 year imprisonment) |
| California | Misdemeanor (up to 1 year imprisonment) |
| Colorado | Class 1 Misdemeanor (up to 2 years imprisonment) |
| Connecticut | Class A Misdemeanor (up to 1 year imprisonment) |
| Delaware | Class A Misdemeanor (up to 6 months imprisonment) |
| Florida | Misdemeanor (up to 1 year imprisonment) |
| Georgia | Misdemeanor (up to 1 year imprisonment) |
| Hawaii | Class C Felony (up to 5 years imprisonment) |
| Idaho | Misdemeanor (up to 1 year imprisonment) |
| Illinois | Misdemeanor (up to 1 year imprisonment) |
| Indiana | Misdemeanor (up to 1 year imprisonment) |
| Iowa | Misdemeanor (up to 1 year imprisonment) |
| Kansas | Class A Misdemeanor (up to 1 year imprisonment) |
| Kentucky | Misdemeanor (up to 1 year imprisonment) |
| Louisiana | Misdemeanor (up to 1 year imprisonment) |
| Maine | Class E Felony (up to 5 years imprisonment) |
| Maryland | Misdemeanor (up to 1 year imprisonment) |
| Massachusetts | Misdemeanor (up to 2 years imprisonment) |
| Michigan | Misdemeanor (up to 1 year imprisonment) |
| Minnesota | Misdemeanor (up to 1 year imprisonment) |
| Mississippi | Class C Misdemeanor (up to $500 fine) |
| Missouri | Misdemeanor (up to 1 year imprisonment) |
| Montana | Misdemeanor (up to 1 year imprisonment) |
| Nebraska | Misdemeanor (up to 1 year imprisonment) |
| Nevada | Misdemeanor (up to 1 year imprisonment) |
| New Hampshire | Misdemeanor (up to 1 year imprisonment) |
| New Jersey | Misdemeanor (up to 1 year imprisonment) |
| New Mexico | Misdemeanor (up to 1 year imprisonment) |
| New York | Misdemeanor (up to 1 year imprisonment) |
| North Carolina | Misdemeanor (up to 1 year imprisonment) |
| North Dakota | Misdemeanor (up to 1 year imprisonment) |
| Ohio | Misdemeanor (up to 1 year imprisonment) |
| Oklahoma | Misdemeanor (up to 1 year imprisonment) |
| Oregon | Misdemeanor (up to 1 year imprisonment) |
| Pennsylvania | Misdemeanor (up to 1 year imprisonment) |
| Rhode Island | Misdemeanor (up to 1 year imprisonment) |
| South Carolina | Misdemeanor (up to 1 year imprisonment) |
| South Dakota | Misdemeanor (up to 1 year imprisonment) |
| Tennessee | Misdemeanor (up to 1 year imprisonment) |
| Texas | Class C Misdemeanor (up to $500 fine) |
| Utah | Misdemeanor (up to 1 year imprisonment) |
| Vermont | Misdemeanor (up to 1 year imprisonment) |
| Virginia | Misdemeanor (up to 1 year imprisonment) |
| Washington | Misdemeanor (up to 1 year imprisonment) |
| West Virginia | Misdemeanor (up to 1 year imprisonment) |
| Wisconsin | Misdemeanor (up to 1 year imprisonment) |
| Wyoming | Misdemeanor (up to 1 year imprisonment) |
Conclusion:
Possessing a fake ID is typically a misdemeanor offense, but the specific charge and penalties can vary depending on the state and circumstances. While it is essential to understand the laws in your state, it’s also crucial to remember that possessing a fake ID is illegal and can result in serious consequences.
