What is a fake ID? As opposed to legitimate IDs, a fake ID generally means an identification document that has been created illegally or altered in any way (for example, to make you look older or younger). Fake ID is also any ID that does not actually belong to you. Offenders may offer fake IDs to prove identification.
The use of fake IDs to perpetuate crime continues to increase along with the rise in technology. Many people sell fake IDs online; others buy fake IDs online and have fake IDs produced with fake identification instruments. The use of false identification is recognised as its own category of an offence, separate from fraud.
Part 4B of the Crimes Act 1900 (NSW) governs laws on identity offences in New South Wales (NSW). This article discusses matters pertaining to fake IDs.
Laws for Fake Identification in NSW
Possession of Identification Information
Under Section 192K of the Crimes Act 1900, a person commits a criminal offence when they possess identification information with the intention of committing, or of facilitating the commission of, an indictable offence. The maximum penalty for possessing identification information or a fake ID pursuant to the law is 7 years' imprisonment.
Under Section 192I, "identification information" means information relating to a person (whether living or dead, real or fictitious, or an individual or body corporate) that is capable of being used (whether alone or in conjunction with other information) to identify or purportedly identify the person, and includes the following:
- name or address,
- date or place of birth, marital status, relative's identity or similar information,
- driver licence or driver licence number,
- passport or passport number,
- biometric data,
- voice print,
- credit or debit card, its number or data stored or encrypted on it,
- financial account number, user name or password,
- digital signature,
- series of numbers or letters (or both) intended for use as a means of personal identification, and
- an Australian Business Number (ABN).
Dealing with Identification Information
Section 192J of the Crimes Act 1900 punishes offenders dealing with identification information with the intention of committing, or of facilitating the commission of, an indictable offence. An indictable offence is any offence that carries a maximum penalty of at least 5 years' imprisonment. Under this section, the maximum penalty for dealing with a fake ID is 10 years' imprisonment.
To "deal" with identification information includes making, supplying or using any such information.
Possession of Equipment To Make Identification Documents or Things
Under Section 192L of the Crimes Act 1900, a person is guilty of an offence if they:
- possess any equipment, material or other thing that is capable of being used to make a document or other thing containing identification information, and
- intend that the document or other thing made will be used to commit, or to facilitate the commission of, an indictable offence.
The maximum penalty for this offence is 3 years' imprisonment. It is significant to note that a key element of these criminal offences under the Crimes Act is that the prosecution must prove that the offender intended to commit, or assist with, the commission of an indictable offence.
Hence, these offences are commonly associated with other offences such as fraud charges. For instance, an offender uses a fake ID to make fraudulent transactions at banks. The fake identification will then be used to withdraw funds from legitimate bank accounts and transfer them to another account.
What is the Penalty for Using a Fake ID?
The penalties for identity offences vary depending on the type of offence that was committed. For instance, offences covered under Section 192J and Section 192K of the Crimes Act 1900 carry terms of imprisonment of 10 years and 7 years respectively.
In addition, there are other identity offences that a person can receive a charge for, apart from those contained in the Crimes Act 1900. They carry different penalties from the ones contained in the Crimes Act 1900. We have outlined offences related to using a fake ID below.
Driving With A Fake ID
People often obtain a fake driver's licence so they can drive while authorities have disqualified or cancelled their licence. Under Section 51 of the Road Transport Act 2013 (NSW), a person commits a criminal offence when they alter a driver licence, or present an altered driver licence, with the intention to deceive.
The fine for this offence can be as high as $2,200. Section 51(3) also states that a person must not:
- forge a driver licence,
- fraudulently alter or use a driver licence, or
- fraudulently lend, or allow another person to use, a driver's licence.
Buying Alcohol With A Fake ID
Under Section 129 of the Liquor Act 2007 (NSW), a person under 18 years of age commits a criminal offence if they use a fake ID to purchase alcohol. This offence also applies to minors who use false identification documents to gain entry into alcohol-licensed premises such as clubs or pubs. The maximum penalty for using a fake ID to purchase alcohol is a $2,200 fine.
Additionally, under Section 128 of the Liquor Act 2007, if an authorised person suspects that a person is a minor, they can ask for relevant details to confirm their identity and age.
Authorised persons include a licensee, inspector, or police officer. If a person is asked to provide identity information, it is a criminal offence if the suspected minor:
- refuses or fails to state his or her full name, residential address and date of birth, or
- without reasonable excuse, refuses or fails to produce an evidence of age document that may reasonably be accepted as applying to the person.
Suspected minors who fail to comply can face a fine of up to $2,200.
Seeking Legal Advice
You may be facing criminal charges of identity offences such as dealing with or possessing false identification information. It is highly advisable to seek legal services as soon as possible.
JB Solicitors has a leading team of lawyers highly experienced in criminal cases. We offer legal services such as legal advice and legal representation should the matter escalate to courts.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
