The Legalities of Possessing a Fake ID in Texas

The use of fake IDs is regulated by statutes in Texas. They are strict and are taken seriously. A fake ID or a no valid driver’s license may seem insignificant to some people but these offenses are established to prevent fraud and identity impersonation.

Texas has implemented a strict legal framework that supports public safety and protects the people against possible effects of using false identification documents.

• Texas Alcoholic Beverage Code § 106.07: It is an offense for a minor to use a fake ID for the purpose of procuring alcoholic beverages.
• Texas Penal Code § 37.10: This statute makes it illegal to alter a government-issued identification card.
• Texas Transportation Code § 521.451: Presenting or permitting the use of an altered, duplicate driver's license or fake driver’s license is prohibited.
• Texas Penal Code § 32.51(b): Provide a false statement, name, address, or counterfeit document, using someone else’s personal information or using a person's driver's license or certificate without their permission for harmful or fraudulent purposes is illegal.

Classification of Fake ID Offenses: Misdemeanor or Felony?

The severity of fake ID cases in Texas depends on certain factors. The various aspects include the purpose of the fake ID and its application. For instance, a person can get a lighter sentence for using a fake identification to commit minor offenses like shoplifting, while another person could be charged for much more serious crimes like robbery and identity theft.

It often constitutes a misdemeanor offense of using or having a fake ID. Nevertheless, it is a felony depending on the surroundings and the magnitude of the wrongdoing. For example, when a person is found in possession of more than one fake ID, or when a fake ID is used for offenses such as buying alcohol and accessing a bar, it is considered as a felony offense.

When is it a Misdemeanor?

Being charged with a misdemeanor for possession of a fictitious license or ID can have serious consequences even if there is no intention of misrepresentation of age. It is important to note that any ID resembling official documents is illegal, unless with “Not a Government Document '' written in capital red on both sides. As a result, misdemeanors can attract monetary penalties, community service, jail sentence, or any combination depending on the jurisdiction.

In common it is Class C misdemeanor whereby the minor only uses the fake ID to buy alcohol or gain access to the age restricted venue. It may lead to heavy penalties, which could be quite expensive for a young person.

When Does it Become a Felony?

The situation escalates to a felony level if the fake ID is part of a larger scheme of criminal activities, like forgery, identity theft, or other forms of serious fraud. For instance, using a fake ID to deceitfully gain employment or government benefits is considered a felony, punishable by hefty fines and imprisonment.

Here are some common scenarios when using a fake ID can result in felony charges:

• Punishment for Tampering with a Government Record: This is a third degree felony punishable by two to ten years in prison and up to a $10,000 fine. This could be making changes on, forging or counterfeiting any government-issued document such as a driver’s license, passport or a Social Security card.
  
• Aggravated Identity Theft: The penalties could be more serious when committing identity theft or fraud with the fake ID. In certain states, the offense is treated as a separate offense with its own penalties, including compulsory imprisonment.
  
• Intent to Defraud Using a fake ID with the intention of defrauding another person or entity is also considered a felony: Faking an ID could then provide credit, create bank accounts, or acquire major purchases. This type of fraud has serious consequences that may include a jail term or severe fines.

Implications of Federal Law

Other than state regulations, federal laws also apply if the production and distribution of fake identification documents are involved, which can carry even more federal consequences.

Recurring Offenses and Enhanced Penalties

The gravity of penalties for repeat offenses or multiple instances of using fake IDs may increase and indicate a habitual lack of respect for the law, leading to more stringent punishments that reflect a habitual disregard for the law.

The Gravity of a Misdemeanor

It is significant to emphasize that even a misdemeanor charge for a fake ID in Texas should not be brushed off. However, this may go beyond fines and might impose driving privileges and mandated educational courses.


Having a criminal history, even if it is a misdemeanor, can ruin one’s future prospects, ranging from employment opportunities to educational endeavors. Young people, sometimes unaware of what they’re involved in, have to overcome obstacles that can alter their life-time, for what they thought was a harmless act.

Legal Guidance is Key

Texas law dealing with fake IDs is very complicated, thus one needs a skilled criminal defense attorney. Therefore, a person facing charges for a fake ID in Texas should immediately consult and retain a skillful and experienced criminal defense lawyer from Mcallen, Texas. They will examine the complexities of your case; develop a strong defense and push for the best possible outcome.

The Law Office of Rolando Cantu is willing to assist clients in dealing with fake ID charges. Our doors remain open at all times to provide you with the legal support you need when you need it most. Feel free to contact us for a consultation to plot the defense course for you.