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Can using a fake ID get you jail time in Iowa?

On Behalf of | Aug 28, 2024 | Criminal Defense

With college students traditionally starting at age 18 or 19 and the legal drinking age at 21, many students resort to using fake IDs. According to a National Library of Medicine study, around 40% of underaged respondents claim to have or had previously owned a fake ID. However, the prevalence of counterfeit ID use does not make it less of a punishable offense.

Fake ID users turned away or reported

If you try to use a fake ID to buy alcohol at a store or to enter a bar, there is a chance you might get arrested. If you’re lucky, the bouncer, bartender or store cashier who recognizes the fake ID will simply turn you away.

Still, there are times when workers may confiscate your fake ID and get your name. If they give these to the police, you may get arrested and face criminal charges.

Is having a fake ID considered a felony?

Possessing or using a fake ID is usually not a felony. Under Iowa laws, using a fake ID to buy alcohol may result in a simple or serious misdemeanor charge. However, using a fake ID may be considered a felony if it’s considered identity theft. It all depends on the circumstances of your offense.

Potential jail time for fake IDs

College students usually face four possible criminal charges if caught possessing or trying to use a fake ID. Under Chapter 321 of the Iowa Code, these include:

  • Section 216: Unlawful use of driver’s license, including use of a fake, revoked or suspended ID
  • Section 216A: Falsifying a driver’s ID or form, including making a fake ID
  • Section 216B: Using a fake driver’s license to purchase alcohol while underage
  • Section 216C: Using a fake ID or license to buy tobacco and similar products while underage

Section 216A is the only serious misdemeanor charge. It carries a possibility of up to a year-long jail sentence. Additionally, you may face a fine of up to $2,650 plus surcharge and court costs.

It can be a mark on your permanent record

Whether you face a simple misdemeanor charge or a serious one, it is advisable to seek proper legal counsel. While the law may look at you differently since you are still young, any criminal charge you face as a college student is still a permanent mark on your record.