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 York State, the possession, use, manufacture, or distribution of a fake ID is illegal under various statutes. New York's Penal Law addresses the issue of fake IDs in sections dealing with forgery and criminal possession of a forged instrument. Possession of a fake ID can be charged as a misdemeanor or felony, depending on the circumstances, such as the intent to use the fake ID for illegal purposes like buying alcohol or committing fraud. Penalties can include fines, imprisonment, probation, and community service. Additionally, the New York State Vehicle and Traffic Law prohibits the possession of a forged, fictitious, or illegally obtained driver's license, or the use of another person's driver's license as your own. Under federal law, specifically 18 U.S. Code §1028, the creation, transfer, or possession of a false identification document with the intent to defraud the United States is a crime, which can lead to significant penalties including fines and imprisonment. Colleges and universities in New York may also impose their own sanctions on students found with fake IDs, which can range from disciplinary action to expulsion.