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 South Dakota, as in other states, it is illegal to possess, use, manufacture, or distribute fake identification documents, including driver's licenses and other forms of ID. Under South Dakota Codified Laws (SDCL), such activities can lead to criminal charges. The severity of the offense can range from a misdemeanor to a felony, depending on the circumstances, such as the intent behind the use of the fake ID and whether it was used to commit additional fraud or other crimes. Penalties for possessing a fake ID in South Dakota may include fines, community service, probation, suspension of the driver's license, and potentially jail time. Educational institutions in the state may also impose their own disciplinary actions against students caught with fake IDs. Additionally, federal law under 18 U.S. Code §1028 addresses fraud in connection with identification documents, which can lead to federal charges with more severe penalties, including substantial fines and imprisonment.