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 Mexico (NM), state and federal laws strictly prohibit the possession, use, creation, or distribution of fake identification documents, including driver's licenses and other forms of ID. Under New Mexico law, such actions can be classified as misdemeanors or felonies, depending on the severity of the offense. Penalties for possessing or using a fake ID can include fines, community service, probation, suspension of one's driver's license, and even imprisonment. Additionally, educational institutions in New Mexico may impose their own sanctions on students found with fake IDs, which can range from disciplinary action to expulsion. At the federal level, fraudulent activities involving identification documents are criminalized under 18 U.S. Code §1028, which can lead to significant legal consequences. New Mexico's specific statutes regarding fake IDs can be found in sections of the state's penal code, the regulations governing alcoholic beverages, or the motor vehicle code.