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FAKE ID CRIMINAL DEFENSE ATTORNEY UTAH

CHARGED WITH A FAKE ID IN UTAH? CALL/TXT UTAH CRIMINAL DEFENSE ATTORNEY JAKE GUNTER FOR A FREE CONSULT. LET HIS 20 YEARS’ EXPERIENCE WORK FOR YOU

There are many different Utah laws making it a crime to present a false ID or fake ID. When you present a FAKE ID for purposes of buying alcohol, these statutes apply. CHARGED WITH A FAKE ID IN UTAH? CALL/TXT UTAH CRIMINAL DEFENSE ATTORNEY JAKE GUNTER FOR A FREE CONSULT. LET HIS 20 YEARS’ EXPERIENCE WORK FOR YOU

Statute 53-3-810. Prohibited uses of identification card — Penalties

Utah Code provision 53-3-810 outlines a Class C, Class A and Felony 3 crimes for using a FAKE ID in Utah.

Class C Misdemeanor: It is a class C misdemeanor to:

(a) lend or knowingly permit the use of an identification card issued to the individual, by an individual not entitled to the identification card.
Example: You let your little brother use your real ID.

(b) display or to represent as the individual’s own identification card an identification card not issued to the individual.
Example. Little brother is caught using his older brother’s ID or some ID made on the internet.

(c) refuse to surrender to the division or a peace officer upon demand any identification card issued by the division.
Example. Little brother caught using a Fake ID refuses to give it to the police when busted at the bar.

(d) use a false name or give a false address in any application for an identification card or any renewal or duplicate of the identification card, or to knowingly make a false statement, or to knowingly conceal a material fact in the application.
Example. You apply for a Utah issued government ID card and lie on the application.

(e) display a revoked identification card as a valid identification card;

Example. You are at a Utah State Liquor Store and present an old ID card because you don’t have a current ID card. But you still must have the requisite criminal mindset. If you accidentally present the wrong card, that doesn’t count.

(f) knowingly acquire, use, display, or transfer an item that purports to be an authentic identification card issued by a governmental entity if the item is not an authentic identification card issued by that governmental entity.
Example. You buy a fake ID off the internet. You make a fake ID.

(g) alter any information contained on an authentic identification card so that it no longer represents the information originally displayed.
Example. You take your original, valid Utah driver’s license or government issued ID and alter it to make you appear older so you can buy alcohol. Or just alter it in any way.

Class A Misdemeanor: It is a class A misdemeanor to knowingly:

(a) issue an identification card with false or fraudulent information.
Example. The worker employee at the Utah Driver’s License Office purposefully issues a false card to someone.

(b) issue an identification card to an individual who is younger than 21 years old if the identification card is not distinguished as required for an individual who is younger than 21 years old under Section 53-3-806; or
Example. A worker employee issues a card to someone under 21 years old, making it look as though they are 21 years or older.

(c) acquire, use, display, or transfer a false or altered identification card to procure a tobacco product, an electronic cigarette product, or a nicotine product as those terms are defined in Section 76-10-101.
Example. Using a FAKE to buy some smokes.

Felony 3: It is a third degree felony if an individual’s acquisition, use, display, or transfer of a false or altered identification card:

(a) aids or furthers the individual’s efforts to fraudulently obtain goods or services; or
Example. You are straight up using a fakek ID to buy liquor, alcohol or other services, hotel room, etc.

(b) aids or furthers the individual’s efforts to commit a violent felony.
Example. You are using a FAKE during the course of a felony.

Penalties for Using a Fake ID to buy Alcohol in Utah

Felony 3: Up to 0-5 years in the Utah State Prison. Or 0-364 days in county jail, or a combination of jail and probation.
Misdemeanor A: 0-364 days in county jail, or a combination of jail and probation.
Misdemeanor B: 0-6 months in the county jail, or a combination of jail and probation.
Misdemeanor C: 0-90 months in the county jail, or a combination of jail and probation.

What is the Common, Likely Penalty a Fake ID in Utah? Can I Get Jail Time?

First time offenders on Felony 3 and misdemeanors rarely serve prison or jail time. Most often a convicted individual is fined and placed on court or supervised probation for at-least 12 months.

What is the Utah Code for fake IDs?

There are many code provisions about presenting false ID to police or government officials. The main FAKE ID for buying alcohol is found at Utah Code 53-3-810

Is Possessing Someone Else’s ID a Crime in Utah?

Yes. It is a misdemeanor C to possess someone else’s ID card. If you borrow your older brother’s card, or steal your friend’s card, it is a crime.

CALL/TXT UTAH CRIMINAL DEFENSE ATTORNEY JAKE GUNTER (801) 373-6345. FREE CONSULT.

 

OTHER COMMON FAKE ID STATUTES IN UTAH

41-12A-303.3 PROVIDE FALSE EVIDENCE OF INSURANCE MISDEMEANOR C.
53-3-810(3) USE FALSE, ALTERED ID TO OBTAIN ALC, ADMITTANCE, OR EMPLOY MISDEMEANOR B.
53-5-704(15) PROVIDES FALSE INFO ON CONCEALED WEAPON PERMIT APPLICATION MISDEMEANOR B.
58-37-6(7)(K) LIC PRACT NOT TO DISPENSE CONTROLLED SUB KNOWING ID IS FALSE MISDEMEAROR B.
76-10-1802 CALLER ID/TEXT MSG SVC TRANSMITS FALSE/INACCURATE MSG ID MISDEMEANOR C.
41-1A-803(4) ALTERED HULL ID NUMBER OR OUTBOARD MOTOR SERIAL NUMBER MISDEMEANOR C. 76-8-506 FALSE INFO LAW ENFORCEMENT/GOVT AGENCIES/SPECIFIED PROFESS MISDEMEANOR B.

76-8-507(1) GIVING FALSE PERSONAL IDENTITY TO PEACE OFFICE MISDEMEANOR C.


53-3-810. Prohibited uses of identification card — Penalties.
(1) It is a class C misdemeanor to:
(a) lend or knowingly permit the use of an identification card issued to the individual, by an individual not entitled to the identification card;
(b) display or to represent as the individual’s own identification card an identification card not issued to the individual;
(c) refuse to surrender to the division or a peace officer upon demand any identification card issued by the division;
(d) use a false name or give a false address in any application for an identification card or any renewal or duplicate of the identification card, or to knowingly make a false statement, or to knowingly conceal a material fact in the application;
(e) display a revoked identification card as a valid identification card;
(f) knowingly acquire, use, display, or transfer an item that purports to be an authentic identification card issued by a governmental entity if the item is not an authentic identification card issued by that governmental entity; or
(g) alter any information contained on an authentic identification card so that it no longer represents the information originally displayed.
(2) It is a class A misdemeanor to knowingly:
(a) issue an identification card with false or fraudulent information;
(b) issue an identification card to an individual who is younger than 21 years old if the identification card is not distinguished as required for an individual who is younger than 21 years old under Section 53-3-806; or
(c) acquire, use, display, or transfer a false or altered identification card to procure a tobacco product, an electronic cigarette product, or a nicotine product as those terms are defined in Section 76-10-101.
(3) An individual may not knowingly use, display, or transfer a false or altered identification card to procure alcoholic beverages, gain admittance to a place where alcoholic beverages are sold or consumed, or obtain employment that may not be obtained by a minor in violation of Section 32B-1-403.
(4) It is a third degree felony if an individual’s acquisition, use, display, or transfer of a false or altered identification card:
(a) aids or furthers the individual’s efforts to fraudulently obtain goods or services; or
(b) aids or furthers the individual’s efforts to commit a violent felony.

Amended by Chapter 302, 2020 General Session
Amended by Chapter 347, 2020 General Session

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