When most people hear the term “fake ID,” they likely envision a teenager or college student attempting to buy alcohol for friends. At Barbieri Law Firm, P.C., we’ve seen firsthand the legal troubles that can result from such scenarios.
While many associate fake IDs with minors purchasing alcohol, this is not the only context in which they are used. In this guide, you’ll find a comprehensive breakdown of what constitutes a fake ID, the connection between fake ID and underage drinking laws, the consequences of using a fake ID, and common scenarios involving the use of one. Understanding these aspects is crucial for recognizing the severity of using fake identification and navigating the legal system if charged.
What Constitutes a Fake ID in Texas?
In Texas, charges related to fake IDs can arise under four main statutes addressing the false representation of identity. Two of these statutes are found in the Texas Transportation Code, while the other two are located in the Texas Penal Code and the Texas Alcoholic Beverage Code.
- Possession of Fictitious or Fake ID – Texas Transportation Code Section 521.451
- Fictitious Driver’s License – Texas Transportation Code Section 521.453
- Misrepresentation of Age by a Minor – Alcoholic Beverage Code Section 106.07
- Tampering with a Government Record – Texas Penal Code Section 37.10
These laws define various circumstances under which a person can commit an offense involving a fake ID. Due to overlapping provisions, the charges can become quite complex, making it essential to understand the specific violations and their implications.
How Does the Texas Transportation Code Define Fake ID Violations?
Under Section 521.451 of the Transportation Code, a person commits an offense by simply possessing a driver’s license or identification certificate that they know is fictitious or has been altered. Additionally, several other actions can constitute a violation:
- Lending a Driver’s License or Certificate: Allowing someone else to use your driver’s license or certificate.
- Misrepresentation: Displaying or representing a driver’s license or certificate not issued to you as your own.
- Multiple Licenses: Possessing more than one valid driver’s license or certificate at the same time.
- False Information: Using a fake document or providing false information on an application for a driver’s license or certificate.
Violating these provisions can result in a Class A misdemeanor, which carries penalties such as fines and potential jail time.
In addition, Section 521.453 addresses individuals under 21 possessing a document “deceptively similar” to an official driver’s license or certificate with the intent to misrepresent their age. A document is considered deceptively similar if a reasonable person would assume it was issued by a governmental agency.
These laws are designed to prevent fraud and ensure the integrity of identification documents in Texas.
How Does the Texas Alcoholic Beverage Code Define Fake ID Violations?
The Texas Alcoholic Beverage Code, prohibits a minor from falsely stating or presenting any document that misrepresents his or her age to a person engaged in selling or serving purchase alcohol. Anyone under 21 who pretends that they are 21 or shows a fake ID claiming they are 21 in order to buy or order alcohol is in violation of Texas law.
There are provisions within these statutes that direct the state to prosecute conduct violating multiple applicable laws. For example, a minor caught with a fake ID can face charges for Possession of Fictitious or Fake ID. If the minor also uses the fake ID to falsely portray themselves as 21 years old to buy alcohol, they may also be charged with Misrepresentation of Age by a Minor. These overlapping violations can lead to additional punishments, as the legal system can impose separate penalties for each offense, thereby increasing the severity of the consequences faced by the minor.
How Does the Texas Penal Code Define Fake ID Violations?
The most serious offense involving a fake ID is defined in Chapter 37 of the Texas Penal Code. Under Section 37.10 , a person commits a Tampering with a Government Record offense if he or she:
- knowingly makes a false entry in, or false alteration of, a governmental record;
- makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent that it be taken as a genuine governmental record;
- intentionally destroys, conceals, removes, or otherwise impairs the verity, legibility, or availability of a governmental record;
- possesses, sells, or offers to sell a governmental record or a blank governmental record form with intent that it be used unlawfully;
- makes, presents, or uses a governmental record with knowledge of its falsity; or
- possesses, sells, or offers to sell a governmental record or a blank governmental record form with knowledge that it was obtained unlawfully.
Simply put, if you change or alter an official government document, you could be charged with this offense. For example, if you’re a minor and you change your birthday on your driver’s license, you may face prosecution for Tampering with a Government Record. In Texas, this offense is punishable as a third-degree felony with serious potential consequences.
While Tampering with a Government Record is the most serious fake ID offense in Texas, the most common is Misrepresentation of Age by a Minor. The state’s laws on fake IDs and underage drinking are tightly connected, reflecting a strict approach to preventing minors from obtaining alcohol. This integrated legal framework underscores Texas’s commitment to curbing underage drinking and the use of fake identification.
How are Fake ID and Drinking Laws Related in Texas?
Possessing or using a fake ID to purchase alcohol not only constitutes a criminal offense under Texas law but also directly violates underage drinking statutes. These laws aim to curtail the risks and harms associated with underage drinking, such as impaired judgment, increased likelihood of accidents, and potential for addiction.
There are several laws in effect to combat drinking and driving by minors in Texas:
1. Sale to Minors:
- This law makes it illegal for any person to sell alcohol to a minor (anyone under 21 years of age). Violating this law can result in fines and possible jail time for the seller. Texas Alcoholic Beverage Code § 106.03
2. Consumption of Alcohol by a Minor:
- This statute prohibits minors from consuming alcohol. If caught, minors can face fines, mandatory alcohol awareness classes, community service, and suspension of their driver’s license. Texas Alcoholic Beverage Code § 106.04
3. Possession of Alcohol by a Minor:
- This law makes it illegal for minors to possess alcohol. Penalties can include fines, community service, alcohol education courses, and suspension of the minor’s driver’s license. Texas Alcoholic Beverage Code § 106.05
4. Purchase of Alcohol for a Minor; Furnishing Alcohol to a Minor:
- This law prohibits purchasing or providing alcohol to minors. Offenders can face substantial fines and jail time, particularly if the minor causes harm to themselves or others after consuming the alcohol. Texas Alcoholic Beverage Code § 106.06
5. Driving Under the Influence of Alcohol (DUIA) by Minor (under 17 years of age):
- This law addresses minors driving with any detectable amount of alcohol in their system. Penalties include fines, community service, mandatory alcohol education programs, and driver’s license suspension. Texas Alcoholic Beverage Code § 106.041
6. Driving While Intoxicated (DWI) by a Minor (17 to 21 years of age):
- Although this law applies to all drivers, it is particularly stringent for minors due to the zero-tolerance policy. Minors convicted of DWI face severe penalties, including fines, community service, license suspension, and potential jail time. Texas Penal Code § 49.04
7. Minors – Zero Tolerance Law:
- Under this law, any detectable amount of alcohol in a minor’s system while operating a vehicle is illegal. Penalties can include fines, driver’s license suspension, community service, and mandatory alcohol education programs. Texas Transportation Code § 521.351
Understanding these laws can help minors and their guardians recognize the serious legal consequences of underage drinking and driving, promoting safer and more responsible behavior.
Businesses & Compliance
As these laws show, it’s not just minors who can violate underage drinking statutes. Businesses can face significant legal consequences for failing to properly check IDs. The Texas Alcoholic Beverage Commission (TABC) conducts “minor stings” to ensure that establishments comply with the law by not selling alcohol to minors.
During these operations, often conducted during the back-to-school season, undercover minors attempt to purchase alcohol, and businesses that fail to verify their IDs can be fined or have their licenses suspended. These stings emphasize the importance of vigilant ID checking to prevent underage drinking and avoid legal repercussions.
Legal Consequences of Getting Caught with A Fake ID in Texas
With varying degrees of penalties associated with each offense, it is important to understand the applicable statute in each case. Depending on the statute, fake ID offenses range from Misdemeanors to Felonies. Although most are classified as Misdemeanors, record tampering cases are third-degree felonies if the person committed the offense with the intent to defraud or harm someone.
Common Scenarios Involving the Use of a Fake ID
Below, you’ll find five examples that illustrate the wide range of uses for fake IDs beyond underage drinking and the significant legal consequences that can arise from their use. Understanding these risks can help individuals recognize the gravity of using fake identification.
1. Underage Drinking
Scenario: A minor uses a fake ID to purchase alcohol at a bar or liquor store.
Potential Consequences: The minor may face charges for misrepresentation of age, possession of a fictitious ID, and potentially tampering with a government record if the ID is altered.
2. Entry to Age-Restricted Venues
Scenario: An individual uses a fake ID to gain entry into age-restricted venues like nightclubs, casinos, or concerts.
Potential Consequences: The person may face charges for possession of a fake ID and could also be charged with criminal trespass or fraud, depending on the circumstances.
3. Fraudulent Activity
Scenario: Someone uses a fake ID to commit fraud, such as opening bank accounts, obtaining credit, or renting properties.
Potential Consequences: This can lead to severe charges such as identity theft, fraud, and tampering with a government record, potentially resulting in felony charges and significant legal repercussions.
4. Employment Verification
Scenario: An individual uses a fake ID to meet employment verification requirements, particularly to bypass age or immigration status checks.
Potential Consequences: This can result in charges of fraud, providing false information, and, if the fake ID is altered, tampering with a government record. Employers may also face penalties for failing to verify documents properly.
5. Avoiding Legal Penalties
Scenario: Using a fake ID to avoid penalties for previous offenses, such as providing a false identity during a traffic stop or when caught by law enforcement.
Potential Consequences: This can result in charges for obstruction of justice, providing false information to a peace officer, and tampering with a government record, all of which carry severe penalties.
Steps to Take If Caught with a Fake ID in Texas
If you or someone you know is facing charges for getting caught with a fake ID, it’s crucial to seek experienced legal representation immediately. Barbieri Law Firm is committed to fighting for your rights and protecting your future. Our team is available 24/7 to provide the support and defense you need during this challenging time.
To discuss your case and explore your legal options, contact Barbieri Law Firm today at 972-424-1902. You can also contact us online at Barbieri Law Firm Contact to schedule a consultation with our experienced Texas criminal defense team. Your freedom and future are essential; we are here to fight for you.