Under Minnesota fake ID laws, a first offense is usually a misdemeanor punishable by up to 90 days in jail and a $1,000 fine, but the charge climbs to a gross misdemeanor or a felony if you counterfeited the ID, gave a false name to police, manufactured IDs for others, or used a real person’s identity. Which statute applies depends on what you actually did with the ID, not just that you had one.
Which Law You Get Charged Under
Minnesota has no single fake ID statute. Prosecutors pick from several overlapping laws based on the conduct.
Possessing or Using a Fake License (Section 171.22)
This is the statute most people run into. Section 171.22 makes it illegal to possess a fictitious or altered driver’s license or state ID, display someone else’s license as your own, lend your ID to another person, or use a false name or date of birth on a license application or when speaking with police.1Minnesota Office of the Revisor of Statutes. Minnesota Code 171.22 – Unlawful Acts Relating to Drivers License A college student who bought a fake online and tried to use it at a bar is looking at 171.22.
Most violations are misdemeanors. Two are not: actually counterfeiting an ID and giving a false name to a police officer are both gross misdemeanors.1Minnesota Office of the Revisor of Statutes. Minnesota Code 171.22 – Unlawful Acts Relating to Drivers License
Making or Selling Fake IDs (Section 609.652)
Section 609.652 targets suppliers rather than end users. It covers possessing plate presses, digital printers, or specialized software designed to produce fake IDs, and manufacturing or possessing more than one fraudulent ID with intent to sell. A first offense is a gross misdemeanor. A second or subsequent conviction carries up to five years in prison and a $10,000 fine.2Minnesota Office of the Revisor of Statutes. Minnesota Code 609.652 – Fraudulent Drivers Licenses and Identification Cards; Penalty
Underage Alcohol Purchase (Section 340A.503)
If you’re under 21 and used the ID to buy alcohol, a separate liquor law applies. Section 340A.503 makes it illegal for anyone under 21 to claim to be of legal age to purchase alcoholic beverages.3Minnesota Office of the Revisor of Statutes. Minnesota Code 340A.503 – Persons Under 21; Illegal Acts It’s a misdemeanor with a mandatory minimum fine of $100.4Minnesota Office of the Revisor of Statutes. Minnesota Code Chapter 340A – Liquor Prosecutors can charge both 171.22 and 340A.503 for the same incident: one for possessing the fake, one for trying to use it.
Identity Theft (Section 609.527)
If the ID uses a real person’s identity rather than a fabricated one, prosecutors may add identity theft. Section 609.527 covers transferring, possessing, or using another person’s identifying information to commit fraud or other unlawful activity.5Minnesota Office of the Revisor of Statutes. Minnesota Code 609.527 – Identity Theft These charges carry felony-level penalties that scale with the number of victims and the dollar value of the loss.
Penalties by Tier
Misdemeanor
Most first-time cases such as possessing a fake, displaying someone else’s ID, or using a false date of birth are misdemeanors. Maximum penalty: 90 days in jail and a $1,000 fine.6Minnesota Office of the Revisor of Statutes. Minnesota Code 609.033 – Maximum Penalties; Misdemeanors First-time offenders without aggravating circumstances rarely see jail. Judges commonly impose fines, community service, or probation.
Gross Misdemeanor
Counterfeiting an ID, giving a false name to police, and a first offense under 609.652 are all gross misdemeanors. The ceiling jumps to 364 days in jail and a $3,000 fine.7Minnesota Office of the Revisor of Statutes. Minnesota Code 609.0341 – Maximum Fines for Gross Misdemeanors; Felonies Judges take these more seriously because they involve either active deception of law enforcement or equipment suggesting a larger operation.
Felony
A second or subsequent conviction under 609.652 carries up to five years in prison and a $10,000 fine.2Minnesota Office of the Revisor of Statutes. Minnesota Code 609.652 – Fraudulent Drivers Licenses and Identification Cards; Penalty Charges also reach felony level when the fake is tied to identity theft under 609.527, with penalties scaling to the loss.
You Can Lose Your Real License
A conviction under 171.22 gives the commissioner of public safety authority to suspend your actual driver’s license for up to one year. There’s one carve-out: the commissioner cannot suspend your license solely for possessing a fictitious Minnesota identification card, as opposed to a fake driver’s license. For many young people the license loss stings more than the fine, since it disrupts school, work, and daily life for months.
When Federal Charges Enter the Picture
Most cases stay in state court. Federal jurisdiction under 18 U.S.C. § 1028 kicks in when the fake ID appears to be issued by the federal government, when production or transfer of fraudulent documents crosses state lines or uses the mail, or when someone possesses five or more false identification documents.8Office of the Law Revision Counsel. 18 U.S. Code 1028 – Fraud and Related Activity in Connection With Identification Documents
Federal penalties are much steeper. Producing or transferring a fake driver’s license or birth certificate carries up to 15 years in prison. A prior federal conviction under the same statute pushes the ceiling to 20 years. Using fake IDs to facilitate drug trafficking or a crime of violence carries up to 20 years; terrorism-related offenses carry up to 30.8Office of the Law Revision Counsel. 18 U.S. Code 1028 – Fraud and Related Activity in Connection With Identification Documents
The federal aggravated identity theft statute adds a mandatory two years of prison on top of the sentence for any underlying felony when someone uses another person’s identity during that felony. The two years cannot run concurrently with the other sentence; it stacks.9Office of the Law Revision Counsel. 18 U.S. Code 1028A – Aggravated Identity Theft
Using a Fake ID at the Airport
Handing a fake to a TSA officer is treated as its own offense. Since May 2025, REAL ID enforcement means travelers need a REAL ID-compliant license, passport, or other approved document at the checkpoint. Presenting a fraudulent or intentionally falsified ID can trigger a TSA civil penalty between $4,250 and $10,230, plus a criminal referral.10Transportation Security Administration. Civil Enforcement The referral opens the door to federal prosecution under 18 U.S.C. § 1028 on top of any state charges.
What a Conviction Does Beyond the Sentence
The court penalties are often the smaller problem. A fake ID conviction creates a criminal record involving fraud or dishonesty, and that record shows up where it hurts.
Employers running background checks flag fraud-related convictions, especially for finance, healthcare, education, and government roles. Colleges commonly ask about criminal history during admissions and may deny admission, revoke scholarships, or discipline enrolled students. Professional licensing boards in law, medicine, nursing, and real estate routinely ask about convictions involving fraud and can deny or delay licensure.
For non-citizens the stakes are higher. Federal immigration law treats crimes involving fraud or moral turpitude as potential grounds for deportation or denial of visas, green cards, and naturalization. Even a misdemeanor fake ID can create immigration problems depending on the facts and status involved.
Defenses and Diversion
Fake ID charges are defensible. The prosecution has to prove you knowingly possessed a fraudulent document and intended to use it unlawfully. Common angles:
- Lack of knowledge. If someone else put the ID in your wallet, or you genuinely didn’t know it was fake, the knowledge element fails.
- No intent to defraud. Holding a novelty ID as a joke or souvenir, with no intent to use it as real identification, can undermine the case depending on the facts.
- Illegal search. If police found the ID during a search that violated the Fourth Amendment, the evidence may be suppressed.
- Pretrial diversion. Minnesota counties operate diversion programs that let eligible offenders complete community service, education, and other requirements in exchange for dismissal of the charges rather than a conviction.
You have a constitutional right to a public defender for any charge that carries potential jail time, which covers every fake ID charge in Minnesota.
Clearing the Record Later
Minnesota allows expungement, a court order sealing the record from public view, after a waiting period. For a misdemeanor, you must wait at least two years after completing your sentence (including probation) without a new conviction.11Minnesota Office of the Revisor of Statutes. Minnesota Code 609A.02 – Grounds for Order Gross misdemeanor and felony waiting periods run longer, generally four to five years depending on the offense.
Expungement isn’t automatic. You file a petition, and a judge weighs the severity of the offense, your rehabilitation, and the public interest before deciding whether to seal the record.