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 California, the possession, use, manufacture, or distribution of fake identification documents, including driver's licenses and other forms of ID, is illegal under various state statutes and federal law. California Penal Code sections 470-483.5 address forgery and related offenses, which include the creation or possession of fake IDs. Penalties for possessing a fake ID in California can range from misdemeanor to felony charges, depending on the circumstances, and can result in fines, probation, community service, suspension of one's driver's license, and even imprisonment. Additionally, under 18 U.S. Code § 1028, the fraudulent use or production of identification documents is a federal offense, which can lead to more severe penalties, including federal prison time. Educational institutions in California may also impose their own disciplinary actions against students found with fake IDs, which can include suspension or expulsion.