Novelty ID Question

[EM45HP]

Hope this is in the right place, if not, sorry in advance.

A friend of one of my roommates was over showing us his novelty ID that he purchased online. It has all the bells and whistles, it scans and has the hologram, all the information is correct, has his picture, but it has a fake address from Illinois and a fake birth date.

We got into a little friendly discussion about the legality of the whole process. We agreed that the person using the ID is breaking the law, but could not agree on whether or not the manufacturer of the ID would be in any legal trouble. One side says that the manufacturer could face forgery charges, or something similar, because he is crafting fake IDs, but the other side says that if they are marketed as novelty IDs and sold with the caveat that it is not to be used as a real ID, etc. that he will face no legal repercussions for making what are essentially souvenirs.

So, the question is: Could a manufacturer of novelty IDs be charged? If yes, then with what? If charged, would he be able to "get out of it" with a good lawyer?

 

[Sylvain]

Many websites offer fake IDs, they are usually located outside of the USA.Usually China.
It all depends what kind of ID you are talking about.
If you're talking about a counterfeit official ID like State pr Federal ID then you could be in real trouble for both using it and making it, if you're inside the US.

 

[EM45HP]

If you're talking about a counterfeit official ID like State pr Federal ID then you could be in real trouble for both using it and making it, if you're inside the US.

It looks like an Illinois Driver's License with his info, picture, and false birthday

 

[spectre327]

bigger question, how far can he get using it before he is caught.

no matter the case, it is illegal, and honestly, such items should be illegal to purchase in the first place. the fact that it can pass easily enough to these sheeple just further the risk of the individual and the charges thereafter. Not worth risking your life for a piece of plastic that looks genuine

 

[Destro]

IC 7.1-5-7-1
False statements of age
Sec. 1. (a) It is a Class C misdemeanor for a minor to knowingly or intentionally make a false statement of the minor's age or to present or offer false or fraudulent evidence of majority or identity to a permittee for the purpose of ordering, purchasing, attempting to purchase, or otherwise procuring or attempting to procure an alcoholic beverage.
(b) In addition to the penalty under subsection (a), a minor who:
(1) uses a false or altered driver's license or the driver's license of another person as evidence of majority under this section; or
(2) is convicted of purchasing or procuring an alcoholic beverage with or without using a false or altered driver's license;
shall have the minor's driver's license, permit, or driving privileges suspended for up to one (1) year in accordance with IC 9-24-18-8 and IC 9-30-4-9.
(c) Upon entering a judgment of conviction for the misdemeanor under this section, the court shall forward a copy of the judgment to the bureau of motor vehicles for the purpose of complying with subsection (b).
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1982, P.L.69, SEC.11; P.L.102-1983, SEC.1; P.L.77-1988, SEC.6; P.L.67-1990, SEC.1; P.L.1-1993, SEC.45; P.L.94-2008, SEC.49; P.L.125-2012, SEC.1.
IC 7.1-5-7-2
Furnishing false evidence of identification
Sec. 2. It is a Class C misdemeanor for a person to sell, give, or furnish to a minor false or fraudulent evidence of majority or identity with the intent to violate a provision of this title.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1982, P.L.69, SEC.12; P.L.102-1983, SEC.2.

 

[Bill of Rights]

IC 7.1-5-7-1
False statements of age
Sec. 1. (a) It is a Class C misdemeanor for a minor to knowingly or intentionally make a false statement of the minor's age or to present or offer false or fraudulent evidence of majority or identity to a permittee for the purpose of ordering, purchasing, attempting to purchase, or otherwise procuring or attempting to procure an alcoholic beverage.
(b) In addition to the penalty under subsection (a), a minor who:
(1) uses a false or altered driver's license or the driver's license of another person as evidence of majority under this section; or
(2) is convicted of purchasing or procuring an alcoholic beverage with or without using a false or altered driver's license;
shall have the minor's driver's license, permit, or driving privileges suspended for up to one (1) year in accordance with IC 9-24-18-8 and IC 9-30-4-9.
(c) Upon entering a judgment of conviction for the misdemeanor under this section, the court shall forward a copy of the judgment to the bureau of motor vehicles for the purpose of complying with subsection (b).
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1982, P.L.69, SEC.11; P.L.102-1983, SEC.1; P.L.77-1988, SEC.6; P.L.67-1990, SEC.1; P.L.1-1993, SEC.45; P.L.94-2008, SEC.49; P.L.125-2012, SEC.1.
IC 7.1-5-7-2
Furnishing false evidence of identification
Sec. 2. It is a Class C misdemeanor for a person to sell, give, or furnish to a minor false or fraudulent evidence of majority or identity with the intent to violate a provision of this title.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1982, P.L.69, SEC.12; P.L.102-1983, SEC.2.

Those are specific to minor in possession and/or minor consumption-type laws. Two questions:
1) If the person using the ID did NOT do so for the purpose of or with the result of alcohol coming into their possession, what is the crime with which they'd be charged?
2) If I had an ID that showed my age as younger than I actually am, would this also be an offense? (and if so, why?-just opinion on that last)
Blessings,
Bill

 

[HavokCycle]

IIRC, it is not illegal to possess a 'novelty' id. it is however to use one as means of identification, which by the tone of the thread i take as something benign as buying beer. but yeah, again, presenting false identification is a misdemeanor as per above IC.

 

[PistolBob]

if he can get past the TSA with it.....we have a real problem.

 

[Trigger Time]

IIRC, it is not illegal to possess a 'novelty' id. it is however to use one as means of identification, which by the tone of the thread i take as something benign as buying beer. but yeah, again, presenting false identification is a misdemeanor as per above IC.

This!
fake ID's are NOT illegal unless you attempt to use it. At that point you broke the law. If the manufacturer of said ID's is selling them as a novelty item then they aren't breaking the law but in today's age where charges to anything can be made up on a whim and put a person on the terror level of UBL, I wouldn't risk it.

 

[Destro]

False government issued identification
Sec. 2.5. A person who knowingly or intentionally possesses, produces, or distributes a document not issued by a government entity that purports to be a government issued identification commits a Class A misdemeanor.