Adults who offer a forged or altered driver’s license, passport, or other form of ID for an illegal purpose are typically charged with forgery or fraud. A young person—under 18 or 21, depending on the law—who does it, however, may be a charged with a more specific crime, usually called “using a fraudulent ID” or something similar.
Not all states have such laws. The ones that do are trying to prevent or punish the use of fake IDs by minors to buy alcohol or tobacco.
Using a Fake ID to Buy Alcohol
It is in many states illegal just for someone under 21 to possess a fake ID that could be used to buy alcohol. Even if mere possession isn’t a crime, using the ID to try to buy alcohol is. It is commonly a misdemeanor, punishable by
Merchants who sell alcoholic beverages can get into legal hot water themselves if they sell to anyone under 21. Some states authorize them to detain anyone they reasonably believe is under 21 and trying to buy alcohol illegally, and call the police.
In Minnesota, someone under 21 who tries to buy alcohol with any kind of false identification, or lends someone under 21 an ID to buy alcohol, will have his or her driver’s license suspended for 90 days. (Minn. Stat. Ann. section 171.171.) In Arkansas, a minor’s driver’s license will be suspended for a year or until the minor reaches age 18, whichever comes first. (Ark. Code Ann. section 5-27-504.) In New York, someone found guilty of using a fake ID to buy alcohol will be fined up to $100 for a first violation and/or ordered to perform up to 30 hours of community service. The court can also order the offender to complete an alcohol awareness program. (N.Y. Alcoholic Beverage Control Law section 65-b.)
Getting Expert Help From a Local Lawyer
If you or your child is charged in connection with using a fake ID to buy alcohol or tobacco, see a local lawyer. How these matters are handled varies tremendously from state to state, and even from courthouse to courthouse, especially in juvenile courts. You need legal advice from a lawyer who handles criminal cases regularly in your community and can tell you how to proceed to minimize the long-term consquences of a youthful mistake.
Using a Fake ID to Buy Tobacco
No one under 18 can legally buy tobacco, and special rules often apply to those who try by using a fake ID. These cases are handled in juvenile court, where judges usually have considerable latitude to impose a punishment they think will serve to get the young offender back on the right track.
For a first offense in Maine, for example, the penalty is a fine of $100 to $300. In lieu of a fine—or in addition to it—a judge may order the minor to perform community service work for a public entity or charity. (17 Me. Rev. Stat. Ann. Section 2014.) In Minnesota, using a fake ID to try to buy tobacco is a petty misdemeanor, and the offender’s driver’s license will be suspended for 90 days. (Minn. Stat. Ann. section 171.171.)
In Idaho, a minor who provides a fake ID in an attempt to buy tobacco is guilty of a misdemeanor, and can be locked up in a juvenile facility for up to six months, fined up to $300, or both. In addition, the judge may require the minor—and the minor’s parents—to attend a tobacco awareness program or perform community service in programs related to tobacco awareness. (Idaho Code section 39-5703.)
Manufacturing a Fake ID
There can be stiff penalties for manufacturing or selling a fake ID to someone under 21, or altering a legitimate ID. In Arkansas, for example, a first offense is a Class C felony, which means a conviction can be punished by a prison sentence of three to ten years and a fine of up to $10,000. (Ark. Code Ann. section 5-57-501.) In Nebraska, the crime is a Class I misdemeanor, which carries a possible punishment of up to a year in jail, $1,000 fine, or both. (Neb. Rev. Stat. section 53-180.05.)
