State and federal laws generally prohibit the possession, use, manufacture, or distribution of a false or fake driver’s license, identification card, military ID, passport, state or federal employee identification card, or other identification documents (fake ID). The legal definition of a fake ID is generally an ID that has been (1) altered, (2) falsified, (3) forged, (4) duplicated, (5) reproduced, or (6) counterfeited.
In many states, possession of a fake ID may be charged as a misdemeanor or as a felony, with fines, community service, probation, suspension of driver’s license, and possible jail time. Some colleges and universities impose additional penalties on students who are convicted of possessing a fake ID—including dismissal from the college or university. And fraud in connection with identification documents may also be a federal crime. See 18 U.S. Code §1028.
Fake ID laws are usually located in a state’s statutes—in the penal or criminal code, the alcoholic beverage code, or the transportation or motor vehicle code.
In Texas, the possession, use, manufacture, or distribution of a fake ID is illegal and can lead to serious legal consequences. Under Texas law, a fake ID is considered any identification document that has been altered, falsified, forged, duplicated, reproduced, or counterfeited. The Texas Penal Code addresses the issue of fake IDs in several sections, including laws against tampering with governmental records, which can encompass the use of fake IDs. Penalties for possessing or using a fake ID in Texas can range from a Class A misdemeanor to a felony, depending on the circumstances, and can include fines, community service, probation, suspension of a driver's license, and even jail time. Additionally, Texas Alcoholic Beverage Code contains provisions that penalize minors for possessing any document that falsely indicates they are 21 years of age or older, primarily to purchase alcohol. On the federal level, 18 U.S. Code § 1028 outlines the criminal penalties for fraud related to identification documents, which can apply to fake IDs. This federal statute can impose even more severe penalties, including imprisonment. Colleges and universities in Texas may also impose their own disciplinary actions against students caught with fake IDs, which can range from probation to expulsion.
