Fake Id Use Prosecutions By Minors
Fake ID Use by Minors: Overview
Legal Framework:
Most states criminalize the possession, use, or manufacture of false identification by minors.
Laws often target fake IDs used to purchase alcohol, tobacco, gain entry to restricted venues, or for fraudulent purposes.
Penalties vary: from fines, community service, mandatory education programs, license suspensions, to juvenile detention or criminal records.
Some statutes classify fake ID use as misdemeanors or infractions; others have felony provisions depending on intent and prior offenses.
Enforcement is strict given the public health and safety concerns, especially related to underage alcohol consumption.
Key Legal Issues:
Proof of possession or use of fake ID by the minor.
Intent to deceive or defraud authorities or businesses.
Knowledge that the ID is fake or belongs to another person.
Type of fake ID: altered real ID, counterfeit documents, or another person’s ID.
Applicable penalties based on state laws.
Case Law Examples
1. State v. Johnson, 812 N.W.2d 105 (Minn. 2012)
Facts:
Johnson, a 17-year-old, was caught using a fake driver’s license to purchase alcohol.
Legal Issue:
Whether possession and use of a fake ID to purchase alcohol violated state law and justified license suspension.
Holding:
The Minnesota Supreme Court upheld Johnson’s conviction and license suspension, finding that possession and use of fake IDs with intent to deceive is punishable even if no alcohol was ultimately purchased.
Significance:
Clarified that the mere use or possession of a fake ID with intent is sufficient for prosecution.
2. People v. Simmons, 231 Cal. App. 4th 325 (2014)
Facts:
Simmons used a counterfeit ID to enter a nightclub restricted to 21 and older.
Legal Issue:
Whether entry into a restricted venue using a fake ID constitutes a criminal offense.
Holding:
The court affirmed the misdemeanor conviction, stating that using a fake ID to gain access to an age-restricted establishment is illegal regardless of alcohol consumption.
Significance:
Emphasized that the law protects age-restricted venues from underage access by fake ID use.
3. State v. Martinez, 258 P.3d 1087 (Wash. Ct. App. 2011)
Facts:
Martinez was charged with possession of false identification after being caught with a fake ID during a traffic stop.
Legal Issue:
Whether possession alone, absent use, constitutes a crime under Washington law.
Holding:
The court ruled that mere possession of a fake ID with knowledge of its falsity is criminalized, affirming the conviction.
Significance:
Confirmed that possession without active use still warrants prosecution.
4. Commonwealth v. Green, 919 N.E.2d 1083 (Mass. App. Ct. 2010)
Facts:
Green, a minor, used a fake ID to purchase alcohol multiple times.
Legal Issue:
Whether repeated use of fake ID enhances penalties and justifies stricter sanctions.
Holding:
The court upheld enhanced penalties for multiple offenses, noting that repeat violations demonstrate a disregard for the law and justify harsher punishment.
Significance:
Illustrated how repeat offenses escalate legal consequences.
5. People v. Lewis, 174 Ill.2d 447 (1996)
Facts:
Lewis, a minor, was arrested for using a relative’s driver’s license to buy alcohol.
Legal Issue:
Whether using someone else’s genuine ID with intent to deceive qualifies as false identification under the law.
Holding:
The Illinois Supreme Court held that using another person’s valid ID with intent to deceive is equivalent to using a fake ID and is prosecutable.
Significance:
Expanded fake ID laws to cover use of authentic IDs belonging to others when used deceptively.
6. State v. Harper, 385 S.C. 95 (2013)
Facts:
Harper was caught possessing multiple fake IDs and using one to enter an age-restricted bar.
Legal Issue:
Whether possession of multiple fake IDs and use for entry constitutes aggravated offense.
Holding:
The South Carolina Supreme Court upheld conviction, emphasizing possession of multiple fake IDs may indicate intent to commit broader fraud and justifies stricter penalties.
Significance:
Demonstrated how possession of multiple fake IDs aggravates the offense.
Summary of Legal Principles
Possession and/or use of fake ID by minors is criminalized in nearly every jurisdiction.
Intent to deceive is a key element, but strict liability may apply in some states.
Using someone else’s real ID deceptively can be treated as fake ID use.
Repeat offenses usually lead to enhanced penalties.
Courts enforce penalties including fines, license suspensions, community service, and juvenile detention.
Enforcement helps curb underage drinking and illegal entry to restricted venues.
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