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 Nebraska, the possession, use, manufacture, or distribution of a fake ID is illegal and can lead to serious legal consequences. Under Nebraska Revised Statute 28-638, it is unlawful for any person to knowingly possess, manufacture, or distribute a fictitious or fraudulently altered government-issued identification document. This includes driver's licenses, state identification cards, and other forms of official ID. Violations can result in charges ranging from a Class I misdemeanor to a Class IV felony, depending on the circumstances and the intent behind the use of the fake ID. Penalties may include fines, imprisonment, probation, and community service. Additionally, the possession of a fake ID can lead to the suspension of driving privileges. On the federal level, pursuant to 18 U.S. Code §1028, the production or use of fraudulent identification documents is a federal offense, which can carry even more severe penalties, including substantial fines and imprisonment. Educational institutions in Nebraska may also impose their own disciplinary actions against students found with fake IDs, which can include suspension or expulsion.