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 New Hampshire, as in other states, it is illegal to possess, use, manufacture, or distribute a fake ID. New Hampshire law considers a fake ID to be any identification that has been altered, falsified, forged, duplicated, reproduced, or counterfeited. The state's statutes that address fake IDs can be found in the criminal code, which outlines the penalties for such offenses. These penalties can range from misdemeanors to felonies, depending on the severity of the offense, and may include fines, community service, probation, suspension of a driver's license, and even jail time. Additionally, New Hampshire's laws regarding alcoholic beverages may also contain provisions related to the use of fake IDs in the context of underage drinking. On the federal level, the use of a fake ID can be prosecuted under 18 U.S. Code §1028, which makes it a crime to knowingly transfer or use, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity. Students in New Hampshire should also be aware that colleges and universities may impose their own sanctions for students caught with fake IDs, which can include disciplinary actions up to dismissal from the institution.