Ohio Revised Code section 4507.30(c) prohibits people from displaying or claiming to have an official ID that was not issued to them. This law applies regardless of the person’s reason for using a fake, expired, or altered ID.
This law was designed to prevent altering or counterfeiting official IDs and driver’s licenses by dangerous criminals like fugitives and human traffickers. However, this law applies with equal force to minors who just want to buy a beer.
A student defense lawyer in Ohio from Gounaris Abboud helps people charged under Ohio fake ID laws fight for their freedom and reputation.
Is It a Felony to Have a Fake ID?
Using, having, or claiming to have an ID that was not issued to you is a misdemeanor. Ohio misdemeanor penalties are serious but less serious than felonies.
Ohio ID laws protect the integrity of the state’s official identification cards and driver’s licenses. If the state did not prohibit people from making, altering, or using identification cards with false information, genuine ID cards would be useless.
As a result, Ohio fake ID laws prohibit the following acts:
- Displaying or possessing an ID or license that is fictitious, suspended, or altered.
- Permitting someone else to use your valid ID or license.
- Displaying or representing as one’s own an ID or license not issued to them.
- Refusing to surrender an ID or license on demand of the Ohio BMV.
- Making a false statement or concealing a material fact in an ID or license application.
These violations are punishable as first-degree misdemeanors.
The Penalties for Using a Fake ID in Ohio
Ohio fake ID laws impose strict sentences for having or using a fictitious Ohio ID, including up to 180 days in jail. The court can also require you to pay court costs plus fake ID fines of up to $1,000.
Some people think they can skirt Ohio’s law by using a fake out-of-state ID. If you use a fake ID purportedly issued by any state to buy liquor in Ohio, you face up to six months in jail and a fine of $250 to $1,000.
If you are pulled over and present a fake in-state or out-of-state driver’s license, you could face a fine of up to $1,000 for a first offense and up to six months in jail for subsequent offenses.
You could face additional charges depending on the ID’s source. If you lied to the Ohio BMV to obtain an ID with an incorrect name, birth date, or address, you may face an Ohio falsification charge, punishable as a first-degree misdemeanor.
Similarly, if you are the person manufacturing the fake IDs or licenses, you have violated the law. Making a false Ohio ID and forging a false out-of-state ID are both criminal offenses.
Fake ID charges can result in jail time and a criminal record. The attorneys at Gounaris Abboud defend students from these charges. Contact us for a confidential consultation to learn how we fight for your future.
Penalties for Underage Use of a Fake ID
Underage violators of Ohio fake ID laws also face serious penalties. If an underage person provides false information to purchase alcohol, they commit a first-degree misdemeanor.
This violation can occur when the person displays a fake Ohio ID or driver’s license. However, it can also happen when the person displays any false information, including a fake ID student card.
The punishments when a person under 21 uses a false ID to purchase alcohol include:
- Up to six months in jail and a fine of $250 to $1,000 for a first offense.
- Up to six months in jail, a fine of $500 to $1,000, and a driver’s license suspension of up to one year for a second offense.
- Up to six months in jail, a fine of $500 to $1,000, and a driver’s license suspension of three months to one year for a third or subsequent offense.
The court can order the offender to perform community service in place of the driver’s license suspension for third or subsequent offenses.
Moreover, an underage person can face punishment for providing fake ID information to the Ohio BMV to obtain an official Ohio ID or driver’s license with the correct name but the wrong birth year. The fake ID with real name penalty includes up to 180 days in jail and a fine of up to $1,000.
If the offender is under 18, the case is handled in the juvenile division rather than the general division. The elements of the crime are the same. However, juvenile division judges have more discretion to craft punishments than those in the general division.
Potential punishments can include sentencing to juvenile detention, probation, house arrest, and drug or alcohol treatment.
Fraud Charges Related to Having a Fake ID in Ohio
Not all fake ID cases involve altered or forged IDs. Sometimes, they involve using someone else’s ID and representing yourself as the other person. Under Ohio Revised Code section 2913.49, using someone else’s ID without their permission can constitute identity fraud.
This charge is significantly more serious than merely using a fake ID. Is using someone else’s ID a felony? Yes, the difference between an Ohio fake ID vs. real ID violation is that misusing a real ID could be a fifth-degree felony. Prosecutors can elevate it to a higher level felony in some cases.
For example, using someone else’s ID to commit fraud of $1,000 to $7,500 is a fourth-degree felony. Similarly, using an ID belonging to an elderly or disabled person is a fourth-degree felony.
To commit this offense, the accused must pass themselves off as the other person and use that person’s ID as their own. Permission is a defense to this charge. However, the person who permits you to use their ID can also face charges if they know you will use their identity to perpetrate fraud.
A fifth-degree felony can land the offender in prison for six to 12 months. A fourth-degree felony can result in a mandatory minimum prison term of six months, with the sentence extending up to 18 months. Worse yet, you have a felony crime on your record that may block employment and educational opportunities.
Fight Your Fake ID Charge with Confidence
When you use a fake ID, Ohio law imposes harsh penalties, depending on what you do with it.
Is it illegal to own a fake ID? Depending on what you do with it, most cases of owning, making, or using a fake ID violate the law.
Upon a conviction for using a fake ID, you could face up to 180 days in jail and a fine of up to $1,000. If you use a real ID that belongs to someone else, you face a felony conviction.
The attorneys at Gounaris Abboud have years of experience fighting fake ID charges. We tailor an aggressive defense to protect your freedom and future. Contact us to learn how we fight for you.
