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 Jersey, the possession, use, creation, or distribution of a fake ID is illegal under various state statutes and federal law. New Jersey law, specifically under N.J.S.A. 2C:21-2.1, prohibits the manufacturing, distribution, or possession of documents purporting to be a driver's license, birth certificate, or other identification documents that are false or fraudulent. Penalties for such offenses can range from fines to imprisonment, depending on the severity of the crime. Possession of a fake ID can be charged as a disorderly persons offense, which may result in fines, community service, and potential jail time. Additionally, if the fake ID is used for identity theft or other fraudulent activities, more serious charges could apply. On the federal level, 18 U.S. Code § 1028 outlines the criminal penalties for fraud and related activity in connection with identification documents, which can include significant fines and imprisonment. Educational institutions in New Jersey may also impose their own disciplinary actions against students found with fake IDs, which can include suspension or expulsion.