out of curiousity - legal question

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Old May 14, 2005 | 06:52 AM
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out of curiousity - legal question

what is the penalty for posessing a fake id in california? anyone know?
Old May 14, 2005 | 08:43 AM
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If you are using it to commit forgery s470 applies - up to one year



Mere possession is a straight misdemeanor (per CA Vech Cod Sec 13004) so Cal Pen Code s19 applies - 6 months OR fine of no more than $1k

Text of the Relevant Code Sections:


Cal Pen Code § 470b (2005)

§ 470b. Display or possession of reproduced or falsified driver's license or identification card

Every person who displays or causes or permits to be displayed or has in his possession any driver's license or identification card of the type enumerated in Section 470a with the intent that such driver's license or identification card be used to facilitate the commission of any forgery, is punishable by imprisonment in the state prison, or by imprisonment in the county jail for not more than one year.


§ 13004. Unlawful acts

It is unlawful for any person:

(a) To display or cause or permit to be displayed or have in his possession any canceled, fictitious, fraudulently altered, or fraudulently obtained identification card.

(b) To lend his identification card to any other person or knowingly permit the use thereof by another.

(c) To display or represent any identification card not issued to him as being his card.

(d) To permit any unlawful use of an identification card issued to him.

(e) To do any act forbidden or fail to perform any act required by this article.

(f) To photograph, photostat, duplicate, or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card, or to display or have in his possession any such photograph, photostat, duplicate, reproduction, or facsimile unless authorized by the provisions of this code.

(g) To alter any identification card in any manner not authorized by this code.


§ 19. Punishment for misdemeanor

Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($ 1,000), or by both
Old May 14, 2005 | 10:46 AM
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nothing, it just gets taken away, and they say theyll call your mom.
Old May 14, 2005 | 12:28 PM
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I've been told (mostly hearsay) that there is a difference between having an ID with your name on it and an ID that has a fake name on it. If it's your name and a fake birthdate = misdemeanor and if you're using a completely false ID that is somebody else's =significantly more serious....

If you're like 19 and are trying to get into bars or whatever, nobody I know has ever gotten in trouble for it. The ID just gets confiscated. Even if the bar/supermarket tells you to stay there while they call the cops, they can't legally keep you there (kidnapping) unless they have a licensed security person(s). Just make sure there aren't police around...
Old May 14, 2005 | 06:25 PM
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Originally Posted by EJ20Legacy
I've been told (mostly hearsay) that there is a difference between having an ID with your name on it and an ID that has a fake name on it. If it's your name and a fake birthdate = misdemeanor and if you're using a completely false ID that is somebody else's =significantly more serious....


iv'e heard the same.
Old May 14, 2005 | 08:52 PM
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Originally Posted by soggynuts
what is the penalty for posessing a fake id in california? anyone know?
It also depends on how the fake was made and a seperate charge is what you did with the fake.

Mostly fake ID's are a citation which means they either just take it away or they ticket you and take it away - this is the charge if you are in possession of it, not the charge of what you were trying to use it for.

It can rise to a mistdemeanor if you got it by say faking a birth certificate and depening on how you got the fake birth certificate, it can even rise to a felony, if you for example, stole original documents.

AFAIK - It is forgery, which is a federal charge, if you fake original documents to get a fake DL or ID. Happend where I used to work. It is only a state law if you alter or create a fake DL or ID without a fake BC for example.
Old May 15, 2005 | 01:38 AM
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Originally Posted by Yin
nothing, it just gets taken away, and they say theyll call your mom.
I seriously hope you're joking. Please tell me so.
Old May 15, 2005 | 05:37 PM
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what if its used to get in a bar or buy alcohol?
Old May 15, 2005 | 06:21 PM
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If you use it in a bar you can get the bar in trouble.
And get thier alchohol lisence taken away.
Hence, why many clubs etc who depend heavily on alchohol profits, are pertty thorough with id's with them bar code checkers yada yada. Although it doesnt really stop most underage ppl who just use thier older bros/sis/friends iD.
Old May 15, 2005 | 07:06 PM
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Oh and don't forget that homeland security might stop by to say hi.
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