- Every figure on this page is a statutory maximum from the text of the law on Cornell's Legal Information Institute, read on the date shown. A judge applies sentencing rules to the facts of each case.
- Driver's licensing is a state matter, and many fake ID cases are charged under state law. We did not review state statutes.
- We did not review sentencing guidelines or charging statistics.
18 U.S.C. 1028: fraud in connection with identification documents
This is the main statute. Subsection (a) lists eight kinds of conduct, including knowingly producing an identification document without lawful authority, transferring one knowing it was stolen, possessing five or more with intent to use them unlawfully, possessing one with the intent that it be used to defraud, possessing a document-making implement with intent, and trafficking in authentication features, and, in paragraph (7), knowingly transferring, possessing or using a means of identification without lawful authority.
The definition in subsection (d) covers a document made or issued by or under the authority of the U.S. Government, a state, a political subdivision, a foreign government or an international organization that, when completed with information about an individual, is of a type intended or commonly accepted to identify individuals.
| Paragraph of (b) | Ceiling | Applies to |
|---|---|---|
| (b)(1) | 15 years | Producing or transferring an identification document or false identification document that is or appears to be a U.S. document, a birth certificate, a driver's license or a personal ID card; producing or transferring more than five documents; offenses under paragraph (a)(5); and (a)(7) offenses that bring the offender $1,000 or more in a year |
| (b)(2) | 5 years | Any other production, transfer or use of a means of identification or identification document; and offenses under paragraphs (a)(3) or (a)(7) |
| (b)(3) | 20 years | Committed to facilitate a drug trafficking crime, in connection with a crime of violence, or after a prior conviction under the section |
| (b)(4) | 30 years | Committed to facilitate domestic or international terrorism |
Section 1028 also sets other, lower ceilings for conduct such as simple possession, which we did not read in detail; do not infer a ceiling for a paragraph that is not in the table.
18 U.S.C. 1546 and 1543: visas, permits and passports
| Statute | Conduct | Ceiling |
|---|---|---|
| 1546(a) | Fraud and misuse of immigrant or nonimmigrant visas, permits, border crossing cards, alien registration receipt cards and similar documents | 10 years for a first or second offense not involving terrorism or drug trafficking; 15 years for any other offense; 20 years if to facilitate a drug trafficking crime; 25 years if to facilitate international terrorism |
| 1546(b) | Using a false identification document to satisfy employment verification requirements under immigration law | 5 years |
| 1543 | Falsely making, forging, counterfeiting or altering a passport, or using or furnishing one | Same four tiers as 1546(a): 10, 15, 20 and 25 years |
Mail and wire fraud
A scheme to defraud that uses the mail (1341) or wire, radio or television communication (1343) carries up to 20 years, or up to 30 years when it affects a financial institution or involves a disaster. This is the statute most often relevant to sellers who take payment for documents they never deliver, including the nursing diploma conspiracy (Operation Nightingale), which was charged as wire fraud conspiracy.
42 U.S.C. 408: Social Security
Subsection (a)(6) covers willfully furnishing false identity information to the Commissioner with intent to deceive. Subsection (a)(7) covers using a number obtained through false information, falsely representing a number as one's own, and altering, buying, selling, counterfeiting or possessing cards with intent to sell or alter them. The general ceiling is five years; the statute raises it to ten years for people who receive fees for benefits-related services and for physicians and health providers who submit medical evidence.
What these laws do not tell you
- What a typical sentence is. Ceilings describe the top of a range, not an expected outcome.
- What the state charges. Possessing or using a false driver's license is commonly a state offense, with different penalties. Look up your state's code or ask a lawyer.
- How a particular case would be charged. Prosecutors choose among overlapping statutes.
Pages on this site that mention these ceilings link back here. This page is information, not legal advice; for advice on a specific situation speak to a licensed attorney.
Frequently asked questions
What is the penalty for a fake driver's license under federal law?
Producing or transferring one that appears to be a driver's license carries up to 15 years under 18 U.S.C. 1028(b)(1). Other production, transfer or use carries up to 5 years. These are maximums; many cases are charged under state law. Section 1028(b)(2) sets the five-year ceiling for other production, transfer or use, and paragraph (b)(3) adds 20 years for aggravating situations.
What is the penalty for a fake passport?
Under 18 U.S.C. 1543 the ceiling is 10 years for a first or second offense not involving terrorism or drug trafficking and 15 years for any other offense, with higher tiers for drug trafficking and terrorism. The passport statute has four tiers of ten, fifteen, twenty and twenty-five years, depending on whether terrorism or drug trafficking is involved.
What is the penalty for counterfeiting a Social Security card?
42 U.S.C. 408 sets a general ceiling of five years for conduct including counterfeiting, buying or selling cards, rising to ten years for certain people who receive fees for benefits services and some health providers. Section 408 raises the ceiling to ten years for certain people who receive fees for benefits-related services, and for some health providers.
Is wire fraud the same as selling fake IDs?
Not the same, but a seller who takes payment online for documents never delivered can face wire fraud, which carries up to 20 years, or 30 when it affects a financial institution. A seller can face wire fraud, mail fraud and identity-document charges together, because prosecutors choose among overlapping statutes.
Do these maximums apply to buyers?
Several provisions cover use or possession, not only sale; the exact reach depends on the paragraph and the facts. This site does not give legal advice; consult a lawyer about a specific situation. The statutes reach use and possession in some paragraphs, but the exact reach depends on the paragraph and facts, so see a lawyer.
Sources and official links
- 18 U.S.C. 1028, fraud in connection with identification documents (Cornell LII)
- 18 U.S.C. 1546, fraud and misuse of visas, permits and other documents (Cornell LII)
- 18 U.S.C. 1543, forgery or false use of passport (Cornell LII)
- 18 U.S.C. 1341, mail fraud (Cornell LII)
- 18 U.S.C. 1343, wire fraud (Cornell LII)
- 42 U.S.C. 408, Social Security penalties (Cornell LII)