Criminal Penalties for Fake Vaccine Cards

At the height of the COVID-19 pandemic, many businesses, industries, and government agencies required people to show COVID-19 vaccination cards. To get around vaccination rules, some people attempted to forge or use fake vaccination cards. Others turned a quick profit by producing or selling fraudulent vaccine cards or scamming individuals into sending money for these cards.

Now that COVID-19 is no longer a public health emergency, these schemes are much less common. Yet federal and state criminal violations and penalties associated with fake and forged vaccination cards remain on the books.

Fake Vaccination Cards: Federal Crimes and Penalties

During the pandemic, the U.S. Department of Justice warned the public about COVID-19 vaccination card schemes and the associated criminal charges and penalties for those committing the fraud.

Counterfeit Vaccination Cards With Federal Agency Seal

Vaccination cards carry the federal seal of the Centers for Disease Control and Prevention (CDC). Wrongfully or fraudulently using the seal of any government department or agency is a felony under federal law and carries the possibility of up to five years in prison. This same penalty applies if a person buys, procures, or uses a counterfeit vaccination card knowing the card is a fake. (18 U.S.C. § 1017 (2025).)

Unlawful Use or Theft of Vaccination Cards

People who unlawfully used legitimate vaccination cards also faced potential federal penalties during the COVID-19 pandemic. The federal government ordered and contracted for the production and distribution of COVID-19 vaccination cards, which prosecutors argued made the cards government property.

Stealing or converting government property for one's own use is a federal crime. For example, a pharmacist who stole legitimate vaccination cards was charged under this law. This law also prohibits someone in lawful possession of vaccination cards from fraudulently converting them for their own use. Penalties under this law depend on the value of the property involved. Misdemeanor penalties apply if the value is $1,000 or less. If the value exceeds this amount, a person could face a 10-year felony. (18 U.S.C. § 641 (2025).)

Wire and Mail Fraud

When criminal activities, such as those listed above, take place through the mail or electronically, a prosecutor may be able to charge the offense under federal mail and wire fraud laws. These catch-all federal crimes apply to schemes to defraud that are carried out through the use of interstate mail or delivery services or wire communications (Internet, phones, computers).

So a person who places or receives a fake vaccination card in the mail commits mail fraud. Sending or accepting an electronic Venmo or PayPal payment for a forged card could be charged as wire fraud. A person could also face wire fraud charges for texting or emailing someone to complete the fraudulent transfer.

Penalties for federal wire and mail fraud are severe. Both carry penalties upwards of 20 to 30 years in federal prison, plus fines of up to $1,000,000. (18 U.S.C. §§ 1341, 1343 (2025).)

Fake Vaccination Cards: State Crimes and Penalties

Creating, selling, or using fake vaccination cards can also be penalized at the state and local levels. While the exact crime and penalty will depend on the jurisdiction, below are examples of possible criminal violations under states' laws.

Forgery Crimes

State forgery laws cover a broad range of conduct, including possessing, using, producing, or selling a forged document for a fraudulent purpose. Possessing or using a fake vaccination card for purposes of identification—say to enter a music venue—could constitute forgery. The person making or selling forged vaccination cards for these fraudulent purposes also commits a crime.

Penalties will vary, but typically, the harshest penalties apply to persons who make or sell forged documents. Possession penalties tend to be lower but can still result in misdemeanor or, sometimes, felony penalties.

Filing Fraudulent Information (Proof of Vaccine) as a Public Record

Several states have immunization databases for recording vaccinations. A person who intentionally provides or enters false information into a government database could be criminally prosecuted. This crime might fall under a state's forgery law (described above). Other states have separate crimes that prohibit intentionally offering false information for public or official recording. These laws are often used to prosecute people who record a false legal document, like a false bank lien, in a government database. But now, state prosecutors are using them to charge people who try to record false proof of vaccination. Again, penalties vary by state, but these crimes may carry felony penalties. (Check out N.Y. Penal Law § 175.35 (2025).)

Stealing Vaccination Cards

As mentioned above, individuals who steal legitimate vaccine cards could be charged with theft or larceny. States often base theft and larceny penalties on the value of the stolen item. However, many states also apply harsher penalties for stealing certain items regardless of value, such as government documents or prescription pads. Depending on how the law is written, stealing vaccination cards may fall under these harsher penalties.

Conspiracy Charges

Two or more people who agree to commit a crime and take some action in furtherance of the crime can face conspiracy charges. This charge can apply even if the crime wasn't completed. Say a seller and potential buyer of a fake vaccination card are texting back and forth about where to meet to complete the sale. The cops learn of this meeting spot and shut down the sale before it happens. Both parties could be charged with conspiracy because they agreed to commit a crime and took action in furtherance of the crime—texting and meeting up in this case. The seller could also be charged with making or possessing the forged document.

Penalties for conspiracy vary. In some states, a person can receive the same penalty as the underlying crime. Other states might impose penalties based on the offense level of the underlying crime, such as imposing a felony penalty if the underlying crime was a felony.

Talk to a Lawyer

If you face charges for any criminal offense, speak with a criminal defense attorney. On top of possible time behind bars and fines, having a criminal record for fraud or forgery, even for a misdemeanor, can make it difficult to obtain housing, a loan, or a job in the future.