The prevalence of fake IDs and misrepresentation of age has become a significant issue across the United States. According to IDScan.net’s 2024 Fake ID Report, Texas ranks among the top 5 states at the forefront of catching fake IDs, highlighting a troubling trend that extends beyond just teenagers trying to get into bars.
Misrepresentation of Age
Definition and Context
Misrepresentation of age typically occurs when an individual lies about their age to gain access to age-restricted privileges, such as purchasing alcohol, entering clubs, or accessing certain services. This offense is most common among minors attempting to access adult-only venues or services.
According to Texas Statute §106.07, an individual misrepresents his or her age when the following applies:
- The individual is a minor;
- Who falsely states that he or she is twenty-one (21) years or older, or presents a document implying that he or she is twenty-one or older;
- To an individual who serves or sells alcoholic beverages
Legal Implications
In Texas, misrepresenting one’s age is generally considered a misdemeanor. If a minor is caught lying about their age to obtain alcohol, they could face fines, community service, and mandatory alcohol awareness classes. The severity of the penalty often depends on whether it’s a first-time offense or a repeat violation.
| Condition | Conviction | Potential Penalties |
| First-time Offense | Class C Misdemeanor |
On deferred disposition:
|
| Repeat Offense |
On deferred disposition:
|
Possession of a Fake ID
Definition and Context
Possession of a fake ID involves holding an identification document that is either forged, altered, or otherwise fraudulent.
According to Texas Statute §521.451, an individual is guilty of possessing false identification when he or she does any of the following:
- Knowingly displays or possesses a driver’s license or certificate that is fictitious or has been altered;
- Loans his or her driver’s license or certificate to another individual, or knowingly lets another person use the license or certificate;
- Represents or displays another person’s driver’s license or certificate as his or her own;
- Possesses multiple valid certificates or driver’s licenses; or
- Provides a false name, address, or counterfeit document, or knowingly provides a false statement, omits information, or commits fraud in a renewal, original application, or application for a duplicate driver’s license or certificate.
Legal Implications
In Texas, possession of a fake ID is a more severe offense than mere misrepresentation of age. This charge is usually classified as a Class C misdemeanor if the offender’s conduct constitutes a misrepresentation of age charge, but it can escalate to a more severe charge (Class A Misdemeanor) depending on the circumstances, such as the intent to commit fraud or the possession of multiple fake IDs.
| Conviction | Potential Penalties |
| Class C Misdemeanor | – same as a misrepresentation of age charge |
| Class A Misdemeanor | – Confinement up to one year
– Fine up to $4000 – Automatic license suspension for 90 days – 1 year |
Possession of a Fake License
Definition and Context
Possession of a fake license is similar to possessing a fake ID but specifically pertains to driver’s licenses or other official state-issued licenses. This offense often intersects with other criminal activities such as identity theft, fraud, or evading law enforcement.
Texas Statute §521.453 states that an individual commits an offense when the following is true:
- The person is less than twenty-one (21) years old;
- Possesses a document deceptively similar to a driver’s license or identification certificate;
- With the intent to represent him or herself as twenty-one (21) years or older; and
- The document does not have a display stating, “Not a Government Document” printed clearly and diagonally on the front and back of the document in solid red capital letters at minimum one-quarter of an inch in height.
Legal Implications
Possessing a fake driver’s license in Texas is treated seriously due to the potential for broader criminal implications. This charge can range from a misdemeanor to a felony, especially if the fake license is used in the commission of another crime.
| Conviction | Potential Penalties |
| Class C Misdemeanor | – Fine up to $500
– Automatic license suspension for 90 days – 1 year – Community service 8 -12 hours |
| Felony | – Confinement for at least 180 days
– Fine up to $10000 |
Comparative Analysis
While all three charges involve deceit or fraudulent behavior, the severity of penalties escalates from misrepresentation of age to possession of a fake ID and peaks with possession of a fake license. The context and use of the fraudulent document significantly influence the legal outcome.
- Misrepresentation of Age: Generally results in less severe penalties, focusing on rehabilitation through fines, community service, and educational programs.
- Possession of a Fake ID: More severe, with potential for higher fines and more serious consequences if connected to additional illegal activities.
- Possession of a Fake License: The most serious, often linked with broader criminal behavior, leading to severe penalties including felonies.
Hire a Misrepresentation of Age or Fake ID Lawyer in Austin, Texas
Contact Kevin Bennett today to discuss how you can avoid a criminal record and time behind bars after being charged with your first criminal offense. The Law Office of Kevin Bennett represents clients in Sunset Valley, Austin, Travis County, Rollingwood, Pflugerville, Lago Vista, Lakeway and the surrounding areas, who have been arrested or charged with their first crime.
Call Kevin Bennett today at (512) 476-4626 so that he can begin developing a strategy that could keep your record clear and out of jail.
