Legality of real vs. made-up names on a fake ID

[Sean]

Does anyone know if having a made-up name on a fake ID is any more
"illegal" than having your real name? I've always assumed that a fake
ID is a fake ID either way, but some people seem to think that using a
made-up name amounts to identity theft, and could get you a harsher
penalty if you're caught. While I can definately see this happening if
you actually WERE trying to impersonate someone else, wouldn't a
completely fictional (and most likely unique) name be harmless?

[Blad Krytyczny]

In most cases, possession of a fake ID would be governed by state law,
so you'd have to figure out what that was where you were. And
you're talking about simple possession of an ID - not the use of
it; maybe that would barely be illegal. I've heard of forging
government documents being a crime, and there's a signature of some
official on a drivers license. Forging that would be illegal too. The
best policy is to keep the fake ID handy at all times. If you get
pulled over, quickly eat it. Chew vigorously before you swallow.

[a***@gmail.com]

If you just use the fake id for alcohol and clubs the chances are
pretty slim of getting a felony, right?

[Blad Krytyczny]

One time I did 29 days in jail because an employee of mine put two bags
of trash in a dumpster that belonged to somebody else. (No record and I
didn't do anything, that I know of, to piss off the judge, Municipal
Judge James M. Reed of Kansas City, Missouri, BTW). Yes, it was a
misdemeanor, littering, but it goes to show you never can be sure how
serious a case will be.

Will you get a felony for using a fake ID to get drunk? Probably not.
Go ahead, take the risk. But the laws are crazy. Nobody can predict how
they'll work.

[k***@yahoo.com]

In many, perhaps most or all, Anglo-Saxon ("Common law") countries, you
can use any name you like so long as it isn't for a fraudulent purpose,
and you can change your name OFFICIALLY at will. In England, you do
that by "deed poll" very cheaply -- practically free, if you do it
yourself. And you need not be English/British to do it there.

In the USA it's by court order, which is also fairly cheap.

But deed poll and court order are just ways of establishing PROOF of a
bona fide change of name.

On the other hand, in Civil Law countries (France, for example)
changing your name is next to impossible -- unless it's by marriage,
naturalization or, perhaps, following a sex-change operation (there's
only one French name I can think of that's the same for boys and girls,
and that's Dominique; somebody told me there's another, but I can't
recall.

Another thing about civil-law countries is that, generally, you need to
register your residence with the police or the local town hall. In the
USA, Canada, the UK, etc. that's unthinkable: you register to vote
maybe, but that's all. And in a civil-law country you have to have your
ID with you at all times; the "sans-papiers" are subject to arrest just
for being without papers.

So: whoever said it's all a matter of state (i.e., local) law got it
just about right. The interesting thing is when you have two
nationalities and you've legally changed your name in one country but
the other won't recognize it. Or where (as in Russia and Spain) a
child's name is partly determined by law ("patronymic" (Russia) and
father's last name-hyphen-mother's last name (Spain)). The European
Court of Justice had to deal with the latter issue in connection with a
dual-national baby born in Belgium. (Garcia Avello v État belge)
law.pravri.hr/hr/zavodi/ielcl/040312/C_148_02.pdf

[d***@safe-mail.net]

If you have a fake name on an id with your picture on it, you are not
only in possession of a fake id (which because of the patriot act is a
federal offense) but you also are commiting identity theft, which
makes you even more screwed. The punishment on fake id possession is
on a case by case basis. One person might get off with a misdemeanor,
while another person might get a felony on their record, and then
again, another person might just get off with nothing on their record.
To play it say of course dont have a fake id, but if you do get
yourself a fake id, its best to keep all of your info authentic, except
for your age.