California Penal Code § 470b makes it a crime to possess or display certain fake, altered, forged, duplicated, reproduced, or counterfeit driver’s licenses or government-issued identification cards with the intent that the identification be used to facilitate a forgery.
A charge under California Penal Code § 470b is commonly described as a “fake ID” charge. However, simply possessing an identification document that is fake does not automatically establish a violation of this statute. The prosecution must prove the specific elements required by California law, including the defendant’s knowledge and the required intent.
Penal Code § 470b can potentially be prosecuted as either a misdemeanor or felony, depending on the circumstances and applicable sentencing laws.
This article explains California Penal Code § 470b, including what constitutes possession of a fake ID, what prosecutors must prove, potential penalties, the importance of intent, and common legal issues that may arise in a fake ID case.
What Is California Penal Code § 470b?
California Penal Code § 470b addresses the possession or display of certain fraudulent driver’s licenses and government-issued identification cards.
The statute applies when a person possesses, displays, or causes or permits a qualifying identification document to be displayed with the intent that it be used to facilitate the commission of a forgery.
This means that a Penal Code § 470b case involves more than simply asking whether an identification document is fake.
The prosecution may need to establish:
The defendant possessed or displayed the identification document.
The document was altered, falsified, forged, duplicated, reproduced, or counterfeited.
The defendant knew the document was fraudulent.
The defendant intended that the document be used to facilitate a forgery.
Each of these requirements can be important in a criminal case.
What Is Considered a Fake ID Under Penal Code § 470b?
Penal Code § 470b refers to the driver’s licenses and identification cards described in Penal Code § 470a.
Generally, the law concerns government-issued identification documents that have been altered, falsified, forged, duplicated, reproduced, or counterfeited.
Examples can include:
A counterfeit California driver’s license.
A government-issued identification card that has been fraudulently altered.
A duplicated or reproduced government identification document.
A forged driver’s license containing false identifying information.
A counterfeit identification card designed to appear authentic.
The exact nature of the document matters.
For example, an expired driver’s license is not automatically a counterfeit driver’s license. Likewise, possessing another person’s genuine identification is not necessarily the same offense as possessing a forged or counterfeit identification document.
What Does the Prosecution Have to Prove?
The prosecution must prove the elements of a Penal Code § 470b charge beyond a reasonable doubt.
1. Possession or display
The defendant must have possessed, displayed, or caused or permitted the qualifying identification document to be displayed.
Possession does not necessarily mean physically holding the document. Depending on the circumstances, California law can recognize actual, constructive, or joint possession.
For example, a fake ID found inside someone’s wallet presents different possession issues from a document discovered in a vehicle occupied by several people.
2. The identification was fraudulent
The prosecution must establish that the driver’s license or identification card had been altered, falsified, forged, duplicated, reproduced, or counterfeited as required by the applicable statute.
The government must establish more than the fact that the identification was invalid.
3. Knowledge
The prosecution must establish that the defendant knew the identification document had been altered, falsified, forged, duplicated, reproduced, or counterfeited.
For example, if someone receives an identification document from another person without knowing that it was counterfeit, the issue of knowledge could become important.
4. Required intent
The prosecution must establish that the defendant intended for the identification document to be used to facilitate a forgery.
This is one of the most important aspects of Penal Code § 470b.
The law does not simply criminalize every situation involving a fake identification document. The prosecution must prove the specific intent required by the statute.
What Does “Intent to Facilitate a Forgery” Mean?
The phrase “intent to facilitate a forgery” can be difficult to understand.
In general terms, Penal Code § 470b focuses on possessing or displaying a fraudulent identification document with the intent that the document be used to help commit a forgery.
For example, suppose a person possesses a counterfeit government identification card intending to use the identity represented on the card as part of a fraudulent financial document or transaction. Those circumstances could be relevant to the required intent.
On the other hand, someone who claims they did not know that an identification document was counterfeit presents a different legal issue because the prosecution must establish knowledge as well as the required intent.
The circumstances surrounding the identification document can therefore become important evidence in determining whether the elements of the offense have been established.
Is Possessing a Fake ID Automatically a Crime Under Penal Code § 470b?
No.
Possessing a document described as a “fake ID” does not automatically establish every element of Penal Code § 470b.
The prosecution must establish the requirements of the statute, including the defendant’s knowledge and the required intent.
However, this does not mean that possessing or using a fraudulent identification document is necessarily legal. California has other laws that address fraudulent driver’s licenses and identification cards.
The specific charge can depend on:
The type of identification involved.
Whether it was altered or counterfeit.
How the person obtained it.
How the person allegedly used or intended to use it.
What the prosecution can prove about the person’s knowledge and intent.
Is Penal Code § 470b a Felony or Misdemeanor?
Penal Code § 470b can potentially be prosecuted as either a misdemeanor or felony. This type of offense is commonly referred to as a “wobbler.”
The statute provides for imprisonment in a county jail for up to one year or imprisonment pursuant to Penal Code § 1170(h).
Whether a particular case is prosecuted or punished as a misdemeanor or felony depends on the circumstances and applicable California sentencing laws.
A person should therefore not assume that every fake ID charge under § 470b will automatically be a felony.
What Are the Penalties for Penal Code § 470b?
The potential penalties depend on whether the offense is handled as a misdemeanor or felony.
Misdemeanor penalties
A misdemeanor conviction under Penal Code § 470b can potentially result in:
Up to one year in county jail.
A fine of up to $1,000 under California’s general misdemeanor fine provision.
Probation and other court-ordered conditions.
The actual sentence depends on the circumstances of the case and applicable law.
Felony penalties
When Penal Code § 470b is punished as a felony under Penal Code § 1170(h), the applicable term can be:
16 months;
2 years; or
3 years.
These terms are generally served in county jail under California’s sentencing framework, subject to applicable statutory requirements and exceptions.
A felony conviction can also potentially result in a fine of up to $10,000 under California’s general felony fine provision when its requirements apply.
These are potential statutory penalties and should not be interpreted as a prediction of the sentence in any particular case.
Can You Go to Jail for Possessing a Fake ID in California?
Yes.
A conviction under Penal Code § 470b can result in a county-jail sentence.
A misdemeanor conviction can carry up to one year in county jail. If the offense is punished as a felony under Penal Code § 1170(h), the applicable term can be 16 months, two years, or three years when no different term is specified.
However, being charged with a fake ID offense does not mean that a person will necessarily receive a jail sentence.
The actual outcome can depend on the charges, evidence, criminal history, plea negotiations, sentencing decisions, and other circumstances.
What If the Fake ID Was Used Only to Buy Alcohol?
A fake ID allegedly used to purchase alcohol does not automatically mean that Penal Code § 470b is the applicable charge.
Section 470b contains a specific intent requirement involving the facilitation of a forgery.
California also has separate laws concerning fraudulent identification cards and driver’s licenses. The applicable statute can depend on the type of identification document and the conduct involved.
For this reason, the phrase “fake ID charge” does not by itself identify the specific criminal offense.
How Is Penal Code § 470b Different From Other California Fake ID Laws?
California has several laws that can apply to fraudulent identification documents.
Vehicle Code § 13004
Vehicle Code § 13004 addresses certain unlawful conduct involving identification cards.
Among other things, it addresses possession or display of certain canceled, fictitious, fraudulently altered, or fraudulently obtained identification cards.
The statute also addresses certain conduct involving another person’s identification card.
Vehicle Code § 14610
Vehicle Code § 14610 addresses various unlawful acts involving driver’s licenses.
The statute includes certain conduct involving canceled, revoked, suspended, fictitious, fraudulently altered, or fraudulently obtained driver’s licenses.
These statutes have different elements from Penal Code § 470b.
As a result, the specific identification document and conduct alleged can determine which California law applies.
Common Legal Issues in a Penal Code § 470b Case
Every criminal case is different, but several legal and factual issues can arise in a fake ID case.
Lack of knowledge
The prosecution must establish that the defendant knew the identification document was fraudulent.
If the evidence does not establish knowledge, the knowledge element may be disputed.
Lack of possession
The prosecution must establish that the defendant possessed or exercised the required control over the identification document.
For example, finding a fake ID in a person’s wallet presents different factual circumstances from finding an unidentified document in a vehicle occupied by several people.
Lack of required intent
The prosecution must establish the required intent that the identification document be used to facilitate a forgery.
If the evidence does not establish that intent beyond a reasonable doubt, the intent element may become a central issue in the case.
The document does not meet the statutory requirements
The prosecution must establish that the identification document falls within the category covered by the statute.
A genuine but expired identification document, for example, is not automatically equivalent to a counterfeit identification document.
Another statute may apply
California has multiple laws addressing fraudulent identification documents.
Depending on the facts, prosecutors may consider Penal Code § 470b or another statute involving driver’s licenses, identification cards, forgery, or related conduct.
Can You Be Charged With Penal Code § 470b Without Using the Fake ID?
Yes, potentially.
Penal Code § 470b covers possession and display, so the prosecution does not necessarily have to prove that the person successfully used the identification document.
However, the prosecution must still establish the required intent.
In other words, successfully completing a forgery is not necessarily required for a § 470b charge, but the prosecution must still prove that the defendant possessed or displayed the qualifying identification with the intent required by the statute.
Can You Be Charged for Someone Else’s Fake ID?
Potentially.
The fact that a fake identification document belongs to another person does not automatically determine whether someone can be charged.
The prosecution would still need to establish the elements of the alleged offense, including the applicable possession, knowledge, and intent requirements.
For example, a counterfeit ID found inside someone’s personal wallet presents different factual circumstances from an unknown document discovered in a location shared by several people.
Frequently Asked Questions
Is Penal Code 470b the California fake ID law?
Penal Code § 470b is one of California’s laws addressing fake or fraudulent government identification. It specifically concerns certain identification documents possessed or displayed with the required intent to facilitate a forgery.
Is possession of a fake ID a felony in California?
It can potentially be prosecuted as a felony, but Penal Code § 470b is not automatically a felony in every case. It can potentially be handled as either a misdemeanor or felony.
How much jail time can Penal Code § 470b carry?
A misdemeanor conviction can carry up to one year in county jail.
When punished as a felony under Penal Code § 1170(h), the applicable term can be 16 months, two years, or three years when no different term is specified.
Does the prosecution have to prove intent?
Yes. The prosecution must establish the required intent that the identification document be used to facilitate a forgery.
Does the fake ID have to be used?
Not necessarily. Penal Code § 470b addresses possession and display, so actual completion or successful use of the identification document is not necessarily required. The prosecution must still prove the other elements, including the required intent.
Is using someone else’s real ID the same as possessing a counterfeit ID?
No. A genuine identification document belonging to another person presents different legal issues from a counterfeit or fraudulently altered identification document.
Can a person be charged if they did not know the ID was fake?
Knowledge is an element that the prosecution must establish. Whether the evidence proves knowledge depends on the facts and circumstances.
Can a fake ID charge involve other criminal charges?
Yes. Depending on the circumstances, conduct involving fraudulent identification can potentially lead to allegations under other California laws involving driver’s licenses, identification cards, forgery, identity theft, or related offenses.
Key Takeaways
California Penal Code § 470b focuses on specific conduct involving fraudulent driver’s licenses and government-issued identification cards.
The prosecution generally must establish that:
The defendant possessed or displayed the qualifying identification.
The identification was altered, falsified, forged, duplicated, reproduced, or counterfeited.
The defendant knew the identification was fraudulent.
The defendant intended for the identification to be used to facilitate a forgery.
Penal Code § 470b can potentially be prosecuted as either a misdemeanor or felony. A misdemeanor conviction can carry up to one year in county jail, while a felony sentence under Penal Code § 1170(h) can potentially involve 16 months, two years, or three years in county jail when the applicable statutory term is not otherwise specified.
Because California has multiple laws involving fraudulent identification documents, the exact charge depends on the document involved and the conduct alleged.
Contact Southwest Legal
Need Help With a California Fake ID Case?
Facing a fake ID allegation can raise serious questions about potential penalties, the evidence involved, and what the prosecution must prove. You do not have to navigate those questions without understanding your legal options.
Southwest Legal is available to help you understand the legal issues surrounding a California fake ID case. Contact us today for a free consultation to discuss your situation and learn more about the next steps available to you.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship unless and until the firm and client enter into an agreement for legal services. Laws may change, and legal outcomes depend on the specific facts of each case. Consult a qualified attorney for advice regarding your situation.