Is Using a Fake ID a Felony in Texas?

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Lying about Your Age


Although it may be a common occurrence, especially when young people are away from home for the first time, claiming that you're age 21 or older to someone selling or serving alcohol in Texas is illegal. If caught, you will be charged with a class C misdemeanor, which is punishable by a fine up to $500, as of 2013.

Possessing a Fake ID


If you are under age 21 and possess fake identification, like a fake driver's license, for the purpose of misrepresenting yourself as older, you are breaking the law in Texas. The state considers fake identification as that which is deceptively similar or identical to government-issued identification so that a reasonable person would assume that it was issued by a governmental agency. If the ID is identified as fake, it can be confiscated and you can be convicted of a class C misdemeanor. If you are located in a county or municipality with a community service program, you may also have to perform several hours of community service in addition to paying a fine.

Tampering with a Government Record


If, instead of carrying a fake ID, you decide to falsely alter or include false information on a legitimate government record with the intent to defraud or harm another, this is a second-degree felony under Texas law. If the falsified document is a license, permit, certificate, seal or similar record issued by a state or governmental agency, it is a third-degree felony. As of 2013, a second-degree felony is punishable by a prison term of not less than two years and not more than 20 years; a fine may also be assessed up to $10,000. A third-degree felony carries a punishment of between two and 10 years in prison and a possible fine up to $10,000.

Selling, Distributing or Delivering a Fake ID


If you possess a fake ID with the intent to sell, distribute or deliver it, and no such ID is issued by an authorized agency under U.S., state or Canadian law, you may be convicted of a class A misdemeanor. On the other hand, if you manufacture or produce a fake ID with the intent to sell, distribute or deliver it and such an ID does exist, you will be convicted of a third-degree felony instead. As of 2013, in Texas, a class A misdemeanor is punishable by imprisonment for up to one year, a fine up to $4,000 or both. As with tampering with a government record, a third-degree felony conviction would result in a prison term between two and 10 years and a possible fine up to $10,000.
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