Updated July 27, 2020

Can I go to jail for a fake I.D.? (Penal Code 470b)

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California Penal Code 470b PC makes it a crime to possess or display a fake ID for the purpose of deceiving or defrauding another person. This offense is a wobbler, meaning prosecutors have the discretion to charge it as a misdemeanor or a felony. The maximum sentence is up to 3 years in jail or prison.

The technical legal definition of “fake ID” in California criminal law is any driver’s license or other identification card issued by a governmental agency that has been

altered,

falsified,

forged,

duplicated,

reproduced, or

counterfeited. 1

And “intent to use that fake ID to commit a forgery” means an intent to use the ID to commit fraud—that is, deceive another person, in order to cause loss or damage to a legal, financial, or property right.

Examples

A 19-year-old college student has a fake driver’s license in her apartment that contains her photo, a false name, and a false birthdate; she plans to use it to buy alcohol.

An undocumented immigrant has a fake driver’s license that he believes will help him avoid harassment by police or detection by authorities.

A man who is involved in a complicated identity theft scheme uses a number of fake government IDs to pass checks written in the names of people whose identities have been stolen.

Penalties

PC 470b displaying or possessing a fake ID is what is known as a “wobbler.”

This means that it can be charged as either a misdemeanor or a felony, depending on the circumstances.

The misdemeanor penalties for this crime are up to one (1) year in county jail, and/or a fine of up to one thousand dollars ($1,000).

The potential felony penalties are sixteen (16) months, two (2) years or three (3) years imprisonment, and/or a fine of up to ten thousand dollars ($10,000).

Legal defenses

People who have no previous experience with the criminal justice system often find themselves charged under California’s fake ID laws. California law takes this offense seriously, and it’s a scary thing to have to face.

An experienced criminal defense attorney can help. S/he will know the most useful legal defenses to Penal Code 470b charges, including:

You didn’t know that the driver’s license or other ID was fraudulent or fake;

You didn’t intend to use the fake ID to commit a forgery/fraud; and

You weren’t actually the one who possessed the fake identification.

In order to help you better understand the California crime of possessing or displaying a fake ID, our California criminal defense attorneys will address the following:

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

1. When is it a crime to have or use a fake ID in California?

The legal definition of the crime of displaying or possessing a fake ID consists of the following “elements of the crime”:

You possessed, displayed, or caused or permitted to be displayed a driver’s license or another government-issued identification card; The driver’s license or other government-issued ID was altered, falsified, forged, duplicated, reproduced, or counterfeited; You knew that the license or ID was altered, falsified, forged, etc.; and When you possessed or displayed the identification document, you intended that that document would be used to commit forgery.

These so-called “elements” are the essential facts that the prosecutor must prove in order for you to be guilty under 470b PC.

Below we will flesh out some of the terms in this legal definition.

Possessing or displaying

The basic activities covered by California fake ID law, Penal Code 470b PC, are

possessing, and displaying (or causing to be displayed)

a fake government-issued ID.

What does it mean to actually “possess” something?

For starters, it doesn’t necessarily mean that you were physically holding or touching it. You can “possess” a fake ID if you simply have control over it or the right to control it.

Also, it is possible for more than one person to “possess” the same object.

Example: Randy and Tina are a married couple. Based on evidence that the couple may be involved in an identity theft scheme, police obtain a search warrant to search their home. Randy and Tina are away when the police arrive at their home, but their housekeeper lets the police in. While searching the home, the police find a large stash of fake driver’s licenses and social security cards in a cabinet. Even though Randy and Tina were not caught with the IDs in their physical possession, the fact that the IDs were in their home may be enough to establish that they controlled—and thus possessed—the IDs. Therefore, Randy and Tina may both be charged with possessing fake IDs in California.

A driver’s license or other government ID

By far the most common form of identification involved in fake ID charges is a driver’s license issued by the California Department of Motor Vehicles.

However, you may be convicted under Penal Code 470b PC for possession or display of other forms of government-issued ID as well. These might include:

A state identification card issued by the California DMV;

A military ID;

A social security card;

A US passport; and/or

A state or federal employee identification card.

Example: Anna has several friends who are veterans. She notices that their military IDs get them lots of discounts at stores, museums, etc. So Anna asks a friend who is a graphic designer to make and laminate a fake military ID card for her. She intends to use it to get all the same discounts. Anna is guilty of possessing a fake ID under Penal Code 470b.

Altered, falsified, forged, duplicated, reproduced, or counterfeited

California fake ID laws apply to all of the following:

Real identification cards that have been altered to contain false information (like a fake birthdate or address);

Identification cards that are completely forged; and

Illegal copies or reproductions of real identification cards.

Example: Scott and Lucy are two college students who would like to go to clubs that are for people over 21 only. So they both contact an acquaintance who is supposed to be able to make fake identification cards. The acquaintance makes Scott a fake driver’s license that contains his photo but a different name and birthdate. Lucy is nervous about getting caught with a “fake ID,” though, and she asks the acquaintance to just alter her own driver’s license to change the birthdate and make it appear as if she is over 21. Both Scott and Lucy then use their licenses to get into clubs. Both of them are guilty of possessing and displaying a fake ID under Penal Code 470b.

Knowledge that the identification was fake, forged or altered

You are only guilty of displaying/possessing a fake identification if you knew that the identification card was forged, altered, counterfeited, etc.

So if—for whatever reason—you did not realize that what you had in your possession was a fake ID, you are not guilty under California Penal Code 470b.

Example: Raul has just moved to Los Angeles from Guatemala. His cousin Miguel, who has lived in the United States for years, is helping him get settled. Miguel presents Raul with a California government ID card that he tells Raul to use to apply for jobs, obtain government services, etc. Raul does what Miguel tells him, believing that the ID card is legitimate. In fact, though, it is counterfeit. If Raul is charged with possessing and displaying a fake identification, he may be able to avoid a conviction by arguing that he did not realize the card was fake.

Intent to use the document to commit forgery

Perhaps most importantly, you are only guilty of displaying or possessing a fake ID if you intended to use the fake ID to commit a “forgery.”

In this context, committing a forgery means:

Using the ID to deceive another person, In order to cause a loss of, or damage to, a legal, financial or property right.

Ways in which a person could commit a forgery with a fake ID might include:

A person under 18 using the ID to purchase cigarettes;

A person under 21 using the ID to purchase alcohol;

Using the ID to cash a check in another person’s name (i.e., to commit check fraud);

Using the ID to use a credit card in someone else’s name (i.e., to commit credit card fraud);

An undocumented alien using the ID to apply for jobs or get government benefits; and/or

A person with a felony criminal history using the ID to purchase a gun, in the hopes of avoiding “ felon with a firearm” charges.

BUT if you possess a fake ID without any intent to use it for that sort of purpose, then you are not guilty under Penal Code 470b PC—even if you knew the ID was fake.

Example: Chelsea is a high school student trying to make friends with the “in crowd.” She joins those girls when they go to a “bad” part of town to purchase fake driver’s licenses. Chelsea buys a fake license too, because she wants the other girls to think she’s “cool.” She then takes it home and buries it in the bottom of her dresser. She has no plans to use it, and she never does. If Chelsea is arrested and charged with possessing a fake ID, she may be able to beat the charges by arguing that she did not intend to use the license to commit a forgery.

2. What happens if someone is convicted of 470b PC?

Penal Code 470b fake identification is what is known as a “wobbler.” This means that it is a crime that may be charged as either a misdemeanor or a felony, at the prosecutor’s discretion.

In making this decision, the prosecutor will typically consider both:

The exact nature of the allegations, and

The defendant’s criminal history.

Displaying/possessing a fake ID as a misdemeanor carries the following potential penalties:

Misdemeanor (summary) probation;

Up to one (1) year in county jail; and/or

A fine of up to one thousand dollars ($1,000).

And felony fake ID (Penal Code 470b) charges carry the following potential penalties:

Felony (formal) probation;

Sixteen (16) months, two (2) years or three (3) years in county jail; and/or

A fine of up to ten thousand dollars ($10,000).

If the defendant is a minor—as many defendants in fake ID cases are—then the case will be tried in California’s juvenile court system.

3. What can be done to fight the charges?

If you, your child, or another loved one is charged with possessing or displaying a fake identification in California, you may well be able to fight the charges using one of several common legal defenses to this crime.

These include:

You did not know the ID was fake or altered

As we mention above, you are not guilty under California Penal Code 470b unless you knew that the relevant government ID was fake or had been altered.

And the prosecutor needs to be able to prove that you had this knowledge, beyond a reasonable doubt.

According to Santa Clarita criminal defense attorney John Murray :

“Now, if any of the information on the ID is not your own (e.g., the name, birthdate, or address are incorrect), you are unlikely to be able to argue the legal defense of lack of knowledge. But let’s say you have a counterfeit or forged ID in your possession that contains accurate information about you. Depending on the circumstances under which you received it, it is entirely plausible that you did not know the ID was fake.”

This legal defense—lack of knowledge that the ID was fake—is related to the common legal defense of “mistake of fact.”

You did not intend to use the ID to commit a forgery

Under Penal Code 470b PC, you can be guilty of possessing or displaying a fake ID even if you never actually used the ID—as long as the prosecutor can prove that you intended to use it for illicit purposes.

But this aspect of the law cuts both ways. If the authorities decide to charge you under California’s fake ID law without evidence that you actually used the identification to commit a forgery, then they need to prove that that you had the intent to use it this way. And a person’s subjective intent can be difficult to prove.

This is why the legal defense of lack of intent can be powerful in cases like this one.

You did not actually possess the fake ID

It is not uncommon for people in California to be charged with possessing a false identification because of a fake ID that actually belonged to a roommate, family member, etc.

Just because a fake ID was in your home or car does not mean that you possessed it. You may not have known of its existence, or it may not have been yours and you may not have had the right to control it.

4. Related Offenses

There are several related offenses in California law that someone charged with Penal Code 470b possessing a fake ID may want to know about.

These include:

4.1. PC 470a forging or counterfeiting an identification card

Penal Code 470a PC (forging or counterfeiting an ID) makes it a crime to alter, falsify, forge, duplicate, reproduce, or counterfeit any driver’s license or another government-issued ID card—with the intent that it be used to commit a forgery.

In other words, while Penal Code 470b punishes the person who possesses or uses a fake ID, Penal Code 470a punishes the person who actually makes the fake ID.

Like possessing/displaying a fake identification, the crime of forging or counterfeiting an ID is a wobbler (a crime that may be charged as either a misdemeanor or a felony).

The maximum misdemeanor sentence is one (1) year in county jail. The potential felony sentence is sixteen (16) months, two (2) years or three (3) years.

4.2. VC 13004 and 14610 unlawful acts involving ID cards or driver’s licenses

If you are charged with Penal Code 470b possessing or displaying a fake ID, you should be aware of the crimes of:

Vehicle Code 13004 makes it a crime to display or possess a fake, fraudulently altered, or fraudulently obtained government ID other than a driver’s license. Vehicle Code 14610 covers the same territory, but for driver’s licenses only.

If you are charged with Penal Code 470b, you and your criminal defense attorney may want to do your best to get your charges reduced to one of these Vehicle Code offenses.

This is because both VC 13004 and VC 14610 are misdemeanors—not wobblers—and carry a maximum sentence of only six (6) months in county jail.

4.3. PC 472 forgery of a public seal

Finally, Penal Code 470b PC displaying/possessing a fake ID is related to the crime of forgery of a public seal under Penal Code 472 PC.

This law makes it a crime to possess and “willfully conceal” a counterfeit seal of a government entity, with the intent to use it to commit a fraud.

If there is a forged or counterfeit government seal on the fake ID you are alleged to have possessed or displayed—then you could be charged with both PC 470b and PC 472.

Forgery of a public seal is also a wobbler in California law. It carries the same penalties as California forgery.

4.4. VC 12951 failure to display a driver’s license

Let’s say you have a fake driver’s license. You are stopped while driving by a law enforcement officer, and s/he asks to see your driver’s license. You are concerned that the officer will be able to identify your license as a fake, and so you refuse to show it to him/her.

Under Vehicle Code 12951 VC, this is the crime of failure to display a driver’s license. This offense can be charged as a separate misdemeanor. It carries a maximum county jail sentence of six (6) months.

For additional help…

For questions about the crime of Penal Code 470b display/possession of a fake ID in California, or to discuss your case confidentially with one of our California criminal defense attorneys, do not hesitate to contact us at Shouse Law Group.

We have local criminal law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

Also see our article on the California crime of unlawful use of ID cards.

For more information on Nevada “fake identification” laws, please see our page on Nevada “fake identification” laws.

¿Habla español? Visite nuestro sitio Web en español sobre tener una licencia de conducir o tarjeta de identificación falsa.

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