New Jersey Section 2C:21-2.1 – Offenses involving false government documents, degree of crime.
New Jersey has strict laws prohibiting the use, creation, or distribution of false government documents
What Does the Law State?
Section 2C:21-2.1 establishes four main offenses:
- Selling, offering for sale, transferring or possessing with intent to sell fake government IDs (2nd degree crime)
- Making or possessing devices/materials to make fake government IDs (3rd degree crime)
- Exhibiting, displaying or uttering fake government IDs (3rd degree crime)
- Simply possessing a fake government ID (4th degree crime)
The most serious violation under 2C:21-2.1 is knowingly selling, offering for sale, transferring or possessing fake IDs with intent to sell. This is categorized as a 2nd degree crime in New Jersey, carrying a potential prison sentence of 5-10 years and fines up to $150,000[1].
Less serious violations like making fake IDs or displaying them fall under 3rd degree crimes, with 3-5 year prison sentences. The simplest offense of merely possessing a fake ID is a 4th degree crime with up to 18 months imprisonment[2].
What Qualifies as a Fake Government ID?
The law covers documents and writings that falsely claim to be government-issued IDs like driver’s licenses, birth certificates or other forms of government-issued identification[3]. This includes fake versions of:
- Driver’s licenses
- Non-driver ID cards
- Birth certificates
- Social security cards
- Passports
- Immigration documents
- Military IDs
Possessing devices or materials to manufacture fake government IDs also violates 2C:21-2.1, even without actually making or selling any fake documents.
Defenses and Mitigating Factors
Those facing charges under 2C:21-2.1 may argue they never intended to use, make or distribute the fake documents. However, simply possessing devices to create fake IDs constitutes a 3rd degree crime regardless of intent.
Minors can request leniency by emphasizing their youth and immaturity in making a foolish mistake. First-time offenders may qualify for pre-trial intervention to avoid a criminal record[4].
Penalties and License Suspension
In addition to fines and possible jail time, anyone convicted under 2C:21-2.1 will have their New Jersey driver’s license suspended. The presiding judge determines the suspension period and forwards the license to the NJ Motor Vehicle Commission[5].
Those under 21 charged with using a fake ID to illegally purchase alcohol also face license suspension up to 6 months under New Jersey’s Zero Tolerance law. The duration depends on prior offenses and whether the violation resulted in injury/death.
Changes to State Laws Regarding Fake IDs
Many states have recently passed laws increasing penalties for using fake IDs, often in response to surges in underage access to marijuana, alcohol or tobacco. However, New Jersey amended its laws in 2015 to reduce underage drinking and smoking offenses from criminal to civil violations.
This signals a shift away from harsh punishments for youthful indiscretions. However, updated technology and the rise of high-quality fake IDs on the internet seemingly justify ongoing efforts to curb manufacture and distribution.
The language in 2C:21-2.1 remains broad regarding “other documents issued by a governmental agency.” Some argue this excessively criminalizes mundane acts like using a fake library card while failing to address more dangerous fraud issues. But specific definitions help narrow the scope, and prosecutors retain discretion on pursuing charges.
Are Fake ID Laws Too Harsh?
While fake ID use among underage youth remains a public health concern, many question if criminal charges are the appropriate response, especially for non-violent first-time offenders. Studies show overly harsh legal punishments often backfire in deterring risky behavior in adolescents who tend to act impulsively without considering consequences.
However, others counter that the threat of a criminal record serves as a powerful motivator for youth to avoid illegal fake ID sites. Manufacturers and distributors of fake documents also undermine national security interests by enabling identity theft, employment fraud, unlawful immigration, and terrorism plots.
In recent years, New Jersey has updated its laws to better differentiate between naive youth conduct versus more serious organized crime. But judges continue to grapple with balancing accountability, public safety and rehabilitation in cases involving fake government documents. The controversy seems unlikely to disappear anytime soon.