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 West Virginia (WV), 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 WV law, a fake ID is defined as an identification document that has been altered, falsified, forged, duplicated, reproduced, or counterfeited. The penalties for possessing or using a fake ID in WV can vary, but they often include misdemeanor or felony charges, which may result in fines, community service, probation, suspension of the individual's driver's license, and potentially jail time. Additionally, colleges and universities in WV may impose their own sanctions on students caught with fake IDs, which can range from disciplinary action to expulsion. On the federal level, the creation or use of a fake ID can be prosecuted under 18 U.S. Code §1028, which addresses fraud and related activity in connection with identification documents, and can lead to severe penalties including imprisonment. The specific statutes pertaining to fake IDs in WV can be found in the state's penal code, the code governing alcoholic beverages, or the motor vehicle code.