§ 25661 BP - Fake ID (Possession by a Minor)
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1. What is Fake ID (Possession by a Minor)?
2. What are examples of Fake ID (Possession by a Minor)?
Under Business & Professions Code § 25661 BP, minors (anyone under 21) can be charged with a crime for possessing or using a fake, altered, or borrowed ID, particularly when attempting to obtain alcohol.
These cases are more common than many people realize and often arise from everyday situations involving bars, stores, or social events. Below are clear, practical examples that illustrate how this offense typically occurs.
1. Using a Borrowed ID to Buy Alcohol
One of the most common violations involves a minor using someone else’s valid identification.
This can include:
- Borrowing an older sibling’s driver’s license
- Using a friend’s ID who is over 21
Presenting that ID at a liquor store, bar, or restaurant
Example:
A 20-year-old uses his older brother’s ID to purchase alcohol at a convenience store.
Even though the ID is real, using it as your own is considered fraudulent use under the law.
2. Possessing a Fake ID Without Using It
You do not have to actually use a fake ID to be charged. Simply having one in your possession is enough.
This includes:
- Keeping a fake ID in your wallet
- Storing it in a backpack, purse, or car
Carrying it on your person
Example:
A 19-year-old is stopped by police, and during a lawful search, officers find a fake ID in her purse—even though she never used it.
3. Attempting to Enter a Bar or Nightclub
Minors often use fake IDs to try to access 21+ venues, such as bars or nightclubs.
Even if alcohol is never purchased, presenting the ID to gain entry can still lead to charges.
Example:
A 17-year-old presents a fake ID to a nightclub bouncer but is denied entry and reported.
4. Using an Altered Identification Card
Not all fake IDs are completely fabricated—some are real IDs that have been modified.
Examples include:
- Changing the birthdate on a driver’s license
- Scratching off or editing information
Using digital tools to alter an ID image
Example:
A minor alters the birth year on their real ID to appear 21.
This still qualifies as possessing a fraudulent identification document.
5. Ordering or Buying a Fake ID Online
With the rise of online marketplaces, many minors obtain fake IDs through the internet.
However, simply ordering and receiving a fake ID can be enough for a charge—even if it has never been used.
Example:
An 18-year-old orders a fake ID online and keeps it in their room for future use.
6. Using a Fake ID to Purchase Alcohol for Others
Even if the minor is not planning to drink the alcohol themselves, using a fake ID still violates the law.
Example:
A 20-year-old uses a fake ID to buy alcohol for friends at a party.
The intent to purchase alcohol—regardless of who consumes it—can trigger liability.
7. Presenting a Fake ID at Licensed Businesses
The law applies to any business licensed to sell alcohol, including:
- Liquor stores
- Bars and nightclubs
- Restaurants serving alcohol
Event venues and concerts
Example:
A minor presents a fake ID at a restaurant to order a drink during dinner.
3. What are the penalties for Fake ID (Possession by a Minor)?
Charges under Business & Professions Code § 25661 BP—which involves a minor possessing or using a fake ID—can feel serious, but they are often defensible depending on the facts of the case. Prosecutors still have to prove every element of the offense beyond a reasonable doubt, and that gives room for several legal defenses.
Below are some of the most common defenses used in California fake ID cases involving minors.
1. You Were Not Under 21 at the Time
This law only applies to individuals who are under the age of 21.
If you were 21 or older when the incident occurred, then you cannot be convicted under this specific statute.
Example:
A college student is mistakenly charged after police assume they are under 21, but records later show they were already 21 at the time of the incident.
However, it’s important to note that adults caught with fake IDs may still face charges under other laws, such as identity fraud statutes.
2. The ID Was Not Used to Obtain Alcohol
For cases involving presentation of a fake ID, intent matters. The prosecution must show that the ID was used (or intended to be used) to:
- Purchase alcohol
- Attempt to purchase alcohol
Obtain alcohol from a licensed seller
If the ID was used for another purpose, the charge may not apply.
Example:
A minor shows a fake ID at a movie theater to prove age for an R-rated film, not to buy alcohol.
3. Lack of Knowledge or Intent
In some cases, a minor may not have known the ID was fake or fraudulent. The law generally requires knowing possession or use.
Possible situations include:
- Receiving an ID without realizing it was fake
- Borrowing something believed to be legitimate
Mistaking another person’s ID for your own belongings
Example:
A teenager unknowingly carries a modified ID given to them by a friend, believing it is real.
The Fourth Amendment protects individuals from unlawful searches and seizures. If police obtained the fake ID illegally, that evidence may be suppressed.
This can happen if:
- Officers searched without a warrant (and no exception applied)
- There was no probable cause or legal justification
The search exceeded lawful limits
If evidence is excluded, the prosecution’s case may fall apart entirely.
Example:
Police search a student’s backpack without consent or legal justification and find a fake ID. If the search is ruled unlawful, the evidence may be thrown out.
Sometimes individuals are wrongly identified as the person who used or possessed the fake ID.
This can occur due to:
- Poor surveillance footage
- Conflicting witness statements
Shared belongings or group settings
Example:
A security guard believes one student used a fake ID, but video evidence later shows a different person.
Even if a fake ID was found, the prosecution must still prove:
- It belonged to the accused
- The accused knowingly possessed it
It was used or intended for unlawful purposes
If evidence is weak, inconsistent, or incomplete, the case may not hold up in court.
7. Entrapment (Less Common but Possible)
Entrapment occurs when law enforcement induces or pressures someone into committing a crime they otherwise would not have committed.
This defense is rare but may apply in cases involving undercover operations.
Example:
An undercover officer repeatedly pressures a minor into using a fake ID to purchase alcohol when the minor initially refuses.
4. What are legal defenses for Fake ID (Possession by a Minor)?
A violation of Business & Professions Code § 25661 BP—commonly known as possession or use of a fake ID by a minor—is treated as a misdemeanor in California. While it is not considered one of the most serious criminal offenses, it can still carry meaningful legal and personal consequences, especially for students and young adults.
Below is a clear breakdown of the penalties and what someone can expect if charged.
Misdemeanor Classification
Fake ID possession or use by a minor is generally charged as a misdemeanor offense, not a felony or infraction (with limited exceptions in related alcohol statutes).
This means the case is handled in criminal court, and a conviction results in a permanent criminal record unless later sealed or expunged.
Penalties for a First Offense
For a first-time violation of Business & Professions Code § 25661 BP, the court typically imposes one or more of the following:
- A fine of at least $250 (mandatory minimum in many cases)
- 24 to 32 hours of community service
A combination of both a fine and community service
Judges often tailor the sentence based on the facts of the case, the minor’s age, and whether alcohol was actually purchased or consumed.
Penalties for a Second or Subsequent Offense
If a person is convicted again for the same offense, penalties increase slightly.
A second or later violation may result in:
- A fine of up to $500
- 36 to 48 hours of community service
Or a combination of both penalties
Courts tend to treat repeat violations more seriously, viewing them as a pattern of disregard for alcohol-related laws.
Community Service Requirements
One of the most common penalties in fake ID cases is mandatory community service.
In many cases, the court may require service to be completed at:
- Alcohol or drug education or treatment programs
- Community service organizations approved by the court
County facilities (in some jurisdictions, such as coroner or public service departments when available)
The service must typically be completed during non-school and non-work hours.
No Jail Time for Most Cases
In most first-time minor fake ID cases under § 25661 BP:
- Jail time is not imposed
Juvenile hall is also generally not used for this offense alone
However, related charges or repeat violations could potentially change the outcome depending on the circumstances.
Additional Consequences Beyond Court Penalties
Even though the formal penalties may appear limited, a fake ID conviction can still have long-term effects, including:
Criminal Record
- A misdemeanor conviction may appear on background checks
It can affect job applications and internships
School and College Impact
- Some schools may impose disciplinary action
College admissions or scholarships could be affected
Driving and Licensing Issues
While not always directly tied to DMV penalties, alcohol-related offenses can sometimes affect licensing matters depending on circumstances
Future Legal Exposure
- Repeat offenses can lead to harsher penalties
Adults caught with fake IDs may face more serious identity-related charges under other laws
Court Discretion and Alternative Outcomes
In many cases, judges have discretion to impose alternative outcomes such as:
- Diversion programs
- Reduced fines
- Informal probation
Educational alcohol awareness programs
These options are more likely for first-time offenders with no additional criminal history.
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