Valid ID cards allow government and business actors to verify a person’s name, birth date and other important details. Unfortunately, many people use fake IDs to circumvent laws and regulations, such as minimum age requirements for tobacco or alcohol. To mitigate this risk, the State of Illinois imposes broad-sweeping laws against the use or sale of fake IDs.
Fake ID Laws in Illinois
Under 15 ILCS 335/14B, it is unlawful to knowingly:
- Possess or display a fake ID;
- Possess or display a fake ID for the purpose of obtaining a banking, financial or retail account;
- Possess a fake ID with the intent to commit theft, deception or fraud;
- Possess a fake ID with the intent to commit other crimes with imprisonment sentences;
- Possess a fake ID while in the unauthorized possession of a device capable of fraud;
- Possess a fake ID with the intent to obtain another identification document;
- Possess a device capable of making IDs without authorization;
- Possess a stolen device capable of making IDs;
- Duplicate, manufacture, sell or transfer a fake ID; or
- Advertise or distribute materials that promote the furnishing of fake IDs.
That being said, there is an exception for federal and state law enforcement purposes. Illinois law does not prohibit law enforcement agents from using fake IDs or similar devices in the performance of their duties.
Fake ID Penalties in Illinois
A violation of item 1 in the list above is a Class 4 felony in Illinois. At a minimum, the offender must pay $500 in fines or complete 50 hours of community service. Though it is possible for the punishment to include one to three years in jail, $25,000 in fines and 30 months of probation.
A single violation of any item from 2 to 9 in the list above is a Class 3 felony in Illinois. The typical punishment includes two to five years in jail, $25,000 in fines and 30 months of probation.
A second or subsequent violation of any item from 2 to 9 in the list above is a Class 2 felony in Illinois. The typical punishment includes three to seven years in jail, $25,000 in fines and 48 months of probation.
A violation of item 10 in the list above is a Class A misdemeanor in Illinois. The typical punishment includes 364 days in jail, $2,500 in fines and 24 months of probation. Additionally, the Secretary of State may file a restraining order against any offender who advertises fake IDs.
Do You Need Legal Help?
No matter what the criminal offense, all charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.
The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at email@example.com or by completing an online form.