Penal Code § 470b PC - Fake IDs
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1. What is Penal Code § 470b PC?
Penal Code § 470b PC Law Reads As Followed:
“Every person who, with the intent to commit forgery, displays or causes or permits to be displayed, or has in his or her possession, any driver’s license or identification card of the type enumerated in Section 13000 of the Vehicle Code, which he or she knows to be fictitious or to have been altered, forged, duplicated, reproduced, or counterfeited, is guilty of a public offense.”
2. What Are Examples of Penal Code § 470b PC?
Understanding California Penal Code § 470b PC – possession or display of a fake ID is easier when looking at real-world scenarios. These examples illustrate how the law is commonly applied and when a person’s conduct may lead to criminal charges.
Common Examples of Fake ID Violations
1. Using a Fake ID to Buy Alcohol
A 19-year-old college student uses a fake driver’s license with a false birthdate to purchase alcohol at a liquor store.
This is a classic example of a Penal Code § 470b violation because:
- The ID is altered or falsified, and
The student intends to deceive the seller
2. Entering a 21+ Club with a Fake ID
An underage individual presents a fake ID at a nightclub to gain entry into a 21-and-over venue.
Even if no money is exchanged, this still qualifies because:
- The person is using deception, and
The intent is to gain something of value (entry access)
3. Possessing Multiple Fake IDs for Fraud Schemes
A person involved in identity theft is found with several fake driver’s licenses and Social Security cards under different names.
This situation may lead to felony charges because:
- There is clear intent to commit financial fraud, and
The scale of the activity suggests a broader criminal scheme
4. Using a Fake ID to Cash a Check
An individual uses a counterfeit ID to cash a check under someone else’s name.
This is a strong example of Penal Code § 470b because:
- The fake ID is used directly to commit forgery, and
The intent is to cause financial loss
5. Using a Fake ID to Avoid Law Enforcement
Someone provides a fake identification card with a false name during a police stop to avoid being identified.
This can qualify if:
- The ID is fake, and
It is used to mislead law enforcement
6. Using a Fake ID to Apply for a Job
An individual uses a counterfeit government ID to secure employment under a false identity.
This may violate Penal Code § 470b because:
- The person is misrepresenting identity, and
The intent is to gain employment fraudulently
7. Altering a Real ID to Change Age
A person modifies their legitimate driver’s license to change their birthdate and appear older.
Even though the ID is real, it becomes illegal because:
- It has been altered, and
It is used for deceptive purposes
8. Sharing or Allowing Use of a Fake ID
A person lends their fake ID to a friend so they can purchase alcohol or enter a club.
You can still be charged because:
The law applies to those who “permit” the display of a fake ID
3. What are Common Defenses Against Penal Code § 470b PC?
Facing charges under California Penal Code § 470b PC – possession or display of a fake ID can be overwhelming. However, being charged does not mean you are guilty. In many cases, an experienced criminal defense attorney can raise strong legal defenses that may result in reduced charges—or even a complete dismissal.
Below are the most common and effective defenses used in fake ID cases.
1. You Did Not Know the ID Was Fake
One of the most powerful defenses is lack of knowledge.
To convict you under Penal Code § 470b PC, the prosecution must prove that you knew the ID was forged, altered, or counterfeit. If you were unaware, you cannot be found guilty.
Example:
You were given an ID by a friend or acquaintance and believed it was legitimate. If you genuinely did not know it was fake, this can defeat the charge.
- This defense is especially relevant when:
- The ID contains your real information
- You received the ID from someone you trusted
- There is no clear evidence you knew it was fraudulent
2. You Had No Intent to Commit Fraud
Intent is a required element of this offense. The prosecution must prove that you intended to use the fake ID to commit forgery or fraud.
If there was no intent to deceive or gain something unlawfully, the charge may not stand.
Example:
You had a fake ID but never used it and had no plans to use it for any fraudulent purpose.
- Without proof of intent, prosecutors may struggle to secure a conviction.
3. You Did Not Possess the Fake ID
Another common defense is that you did not actually possess or control the fake identification.
Remember, possession can be:
- Actual possession (on your person), or
Constructive possession (you had control over it)
Example:
A fake ID was found in a shared apartment or vehicle, but it belonged to someone else and you had no control over it.
- Simply being near a fake ID is not enough—prosecutors must prove it was yours or under your control.
4. The ID Was Not Used or Displayed
While you can still be charged for possession alone, the absence of use or display may weaken the prosecution’s case—especially when combined with lack of intent.
Example:
The ID was found hidden in your belongings and was never shown or used in any situation.
- This can support arguments that there was no intent to commit fraud.
A mistake of fact defense applies when you had a reasonable belief that made your actions lawful.
Example:
You believed the ID was valid because it looked authentic and was provided under circumstances that appeared legitimate.
- If your belief was reasonable, this can negate the required criminal intent.
If law enforcement obtained the fake ID through an unlawful search or seizure, your attorney may file a motion to suppress the evidence.
This is based on your constitutional rights under the Fourth Amendment.
Example:
Police searched your car or home without a valid warrant or probable cause and discovered the ID.
- If the evidence is suppressed, the prosecution may have no case.
7. False Accusations or Misidentification
In some cases, individuals are wrongly accused due to misunderstandings or false claims.
Example:
Someone else used a fake ID in your name, or you were mistakenly identified as the person in possession.
- A strong defense can expose inconsistencies and lack of credible evidence.
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4. What are The Penalties for Violating Penal Code § 470b PC?
California Penal Code § 470b PC – possession or display of a fake ID is taken seriously because it involves elements of fraud and deception. The penalties you face will depend on how the offense is charged and the specific circumstances of your case.
A “Wobbler” Offense
Penal Code § 470b PC is classified as a “wobbler”, meaning it can be charged as either:
- A misdemeanor, or
A felony
The decision is typically based on factors such as:
- Your criminal history
- The intent behind the fake ID use
- Whether the offense involved fraud, identity theft, or financial harm
The number of fake IDs involved
Misdemeanor Penalties
If charged as a misdemeanor, the penalties may include:
- Up to 1 year in county jail
- A fine of up to $1,000
- Summary (informal) probation
Possible community service or other court-ordered conditions
Misdemeanor charges are more common in cases involving underage individuals using fake IDs for alcohol or club entry.
Felony Penalties
If charged as a felony, the consequences are significantly more severe. They may include:
- 16 months, 2 years, or 3 years in county jail
- A fine of up to $10,000
- Formal probation
A permanent felony criminal record
Felony charges are more likely when:
- The fake ID is used in identity theft or fraud schemes
- There are multiple fake IDs involved
The offense caused financial loss or harm
Additional Consequences
Beyond jail time and fines, a conviction under Penal Code § 470b PC can carry long-term consequences:
1. Criminal Record
A conviction—especially a felony—can appear on background checks and impact:
- Employment opportunities
- Professional licensing
Housing applications
2. Immigration Consequences
For non-citizens, a fake ID conviction may lead to:
- Deportation risks
Difficulty obtaining or maintaining legal status
3. Probation Conditions
Courts may impose strict probation terms, such as:
- Regular check-ins with a probation officer
- Restrictions on certain activities
Mandatory classes or counseling
5. What Are the Related Offenses To Penal Code § 470b PC?
California Penal Code § 470b PC – possession or display of a fake ID is often charged alongside other crimes involving fraud, forgery, or identity deception. In some cases, prosecutors may file multiple charges based on the same conduct, especially if the fake ID is part of a larger scheme.
Understanding these related offenses is important because they can significantly increase potential penalties and legal exposure.
1. Penal Code § 470a PC – Forging or Counterfeiting an ID
Penal Code § 470a PC makes it a crime to create, alter, or counterfeit a government-issued identification card with the intent to commit fraud.
Key difference:
- 470a PC: Making or producing the fake ID
470b PC: Possessing or using the fake ID
Example:
A person who manufactures fake driver’s licenses for others could be charged under § 470a, while the person using the ID could be charged under § 470b.
2. Penal Code § 472 PC – Forgery of Public Seal
Penal Code § 472 PC criminalizes the forgery or counterfeit use of official government seals with intent to defraud.
Why it’s related:
Fake IDs often contain or mimic official seals from agencies like the DMV or federal government.
Example:
A counterfeit driver’s license that includes a fake DMV seal could lead to both:
- Fake ID charges under § 470b PC
Forgery of a public seal under § 472 PC
3. Vehicle Code § 14610 VC – Unlawful Use of an ID or Driver’s License
Vehicle Code § 14610 VC prohibits the possession, display, or use of a fake or altered driver’s license or identification card.
Key difference:
- VC 14610 is generally a misdemeanor offense
PC 470b can be charged as a misdemeanor or felony (wobbler)
Example:
Someone caught using a fake driver’s license at a bar may be charged under both laws, though prosecutors may pursue one depending on the case.
4. Vehicle Code § 13004 VC – Fake or Fraudulent Identification Cards
Vehicle Code § 13004 VC covers the unlawful use or possession of non-driver identification cards, such as state-issued ID cards.
Example:
A fake California state ID card used to enter a restricted venue or misrepresent identity could violate this statute.
5. Penal Code § 530.5 PC – Identity Theft
Penal Code § 530.5 PC is one of the most serious related offenses. It involves using another person’s personal identifying information without consent for an unlawful purpose.
Why it matters:
If a fake ID includes real stolen identity information, prosecutors may file identity theft charges in addition to § 470b PC.
Example:
Using someone else’s name, date of birth, and Social Security number on a fake ID to open accounts or apply for jobs.
6. Penal Code § 473 PC – Forgery
Penal Code § 473 PC punishes the act of signing, altering, or creating false documents with intent to defraud.
Connection to fake IDs:
If a fake ID is used to complete another fraudulent act (like signing contracts or financial documents), forgery charges may apply.
7. Penal Code § 475 PC – Possession of Forged Documents
Penal Code § 475 PC makes it a crime to possess forged or counterfeit documents with intent to defraud, even if they are not yet used.
Example:
Having multiple fake IDs stored for future fraudulent use could result in charges under § 475 PC in addition to § 470b PC.
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