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  • Writer's pictureLee Meadows

Fake IDs

Updated: Feb 8, 2023

Ask Lee Meadows, Tallahassee Attorney and Lawyer, About How Possessing a Fake ID Can Affect Your Life!

What is a fake ID? What counts as a fake ID?

A fake ID is a form of identification that exhibits the false identity of a person. If your state license was not issued by a government agency, then your ID is fake and illegal. There are numerous ways in which an ID is considered fraudulent, including the following:

· The ID may be stolen.

· The ID may be illegitimate.

· The ID may contain false information.

· The ID may be legal but used illegally.

· The ID may contain a photo of a different person.

Is it a criminal offense to have a fake ID?

In the state of Florida, it is a second-degree misdemeanor for any person to:

  • Use a false or fictitious name in any application for an ID or knowingly make a false statement, knowingly conceal a material fact, or otherwise commit fraud in any such application.

  • Have in his or her possession an ID upon which the date of birth has been altered.

Under the same statute, it is a third-degree felony for any person to:

  • Knowingly have in his or her possession or to display any blank, forged, stolen, fictitious, counterfeit, or unlawfully issued ID or any instrument in the similitude of an ID unless possession by such person has been duly authorized by the Florida Department of Highway Safety and Motor Vehicles (DHSMV).

  • Knowingly have in his or her possession any instrument in the similitude of an ID issued by the Florida DHSMV or its duly authorized agents or those of any state or jurisdiction issuing licenses recognized in this state for the operation of a motor vehicle or for the purpose of indicating a person’s true name and age.

  • Knowingly sell, manufacture, or deliver, or knowingly offer to sell, manufacture, or deliver, a blank, forged, stolen, fictitious, counterfeit, or unlawfully issued ID, or an instrument in the similitude of an ID, unless that person is authorized to do so by the Florida DHSMV.

  • Barter, trade, sell, or give away any ID or perpetrate a conspiracy to barter, trade, sell, or give away any such ID unless such person has been duly authorized to issue the ID by the Florida DHSMV as provided in this chapter or in the adopted rules of the department.

  • Agree to supply or to aid in supplying any person with a driver’s license or ID by any means whatsoever not in accordance with the provisions of this chapter.

What are the Penalties for Having a Fake ID in the state of Florida? What happens when I am charged with having a fake ID in my possession?

The unlawful possession of a driver’s license or ID is a third-degree felony punishable by up to 5 years in prison, 5 years of probation, and/or a $5,000 fine. If it’s your first offense, you could face up to 1 year in jail and a fine of up to $1,000. If the alleged offender lets another person borrow his or her driver’s license or state-issued ID, then it is punishable by 60 days in jail and/or a $500 fine. Additionally, your driver’s license could be suspended for one year.

Second-degree misdemeanor convictions for unauthorized possession of or other unlawful acts in relation to IDs are punishable by up to 60 days in jail and fines of up to $500. Third-degree felony convictions are punishable by up to 5 years in prison and fines of up to $5,000.


Rene is aspiring to be a teacher. She is applying to get into Florida State University for her undergrad degree. While she’s visiting town to tour the campus, she is invited to a party by her friends. She previously bought a fake ID and decides she will use it to get into this party. She goes to the party with her friends and uses her fake ID to gain entrance to the party. She is allowed in and begins to consume alcohol. Rene admits to the police officers that she is not 21, so they issue her an arrest affidavit for a minor in possession of alcohol. The police then conduct a search incident to arrest and find a fake ID. Now, Rene is facing a felony charge and a misdemeanor charge. This could result in her inability to become the teacher she wanted to be, all to get into a party and drink a beer.

Disclaimer: The content of this page is NOT a substitution for legal advice.

See Statute Section 322.212.

Have You Been Charged with Possessing a Fake ID? Talk with Tallahassee Attorney and Lawyer Lee Meadows! Call (850) 244-8873 or Email!


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