Possession of a Fake Driver's License or ID Card in California: Penal Code 470b PC

Possessing or displaying a fake driver's license or identification card is a serious criminal offense in California.

Under California Penal Code Section 470b PC, it is illegal to display or possess any forged, altered, duplicated, or counterfeited driver's license or government-issued ID card with the intent to commit fraud or forgery.

Many people mistakenly believe that simply holding a fake ID is a minor infraction or that criminal liability applies only if the false card is used to complete a fraudulent transaction.

However, under PC 470b, actual usage is not required for a criminal conviction—mere possession or display accompanied by fraudulent intent is sufficient for law enforcement to make an arrest and for prosecutors to file criminal charges.

What Is the Statutory Language of PC 470b?

The full statutory text of Penal Code 470b PC establishes the legal standard for possessing or displaying a fraudulent identification card:

"Every person who displays or causes or permits to be displayed or has in his or her possession any driver's license or identification card of the type specified in Section 470a, with the intent that the driver's license or identification card be used to facilitate the commission of any forgery, is punishable by imprisonment in a county jail not exceeding one year, or in the state prison."

What Are the Key Statutory Definitions Under PC 470b?

Understanding the legal terminology behind Penal Code 470b PC is essential for evaluating potential criminal liability:

Driver's License or Identification Card: Includes any state-issued driver's license or identification card (such as a California Department of Motor Vehicles ID), a United States or foreign passport, a Social Security card, a military identification card, a state or federal employee card, or a public university student ID card.
Altered, Forged, or Counterfeited: Refers to any identification card that has been falsified, duplicated, reproduced, modified, or manufactured without official government authorization. This includes authentic government IDs modified to show a false date of birth, name, or photo.
Possession or Display: Having direct physical control over the fake ID (e.g., carrying it in a wallet, pocket, or purse) or presenting/showing the card to an officer, business owner, or official.
Intent to Commit Fraud or Forgery: A specific mental state where an individual intends to deceive, trick, or defraud another person, business, or government entity to gain an unauthorized benefit, obtain money or property, evade legal process, or avoid law enforcement detection.

What Must Prosecutors Prove to Convict You under PC 470b?

To secure a conviction for possessing a fake identification card under Penal Code 470b PC, the prosecution must prove all of the following legal elements beyond a reasonable doubt (CALCRIM No. 1921):

Possession or Display: You possessed, displayed, or permitted to be displayed a driver's license or government-issued identification card.
Falsification Status: The driver's license or identification card was altered, forged, duplicated, reproduced, or counterfeited.
Knowledge: You knew that the driver's license or identification card was altered, forged, or fake at the time of possession or display.
Fraudulent Intent: You possessed or displayed the fraudulent identification with the specific intent to use it to commit fraud or forgery.

What Are the Penalties for a PC 470b Conviction in California?

Penal Code 470b PC is a California "wobbler" offense, meaning prosecutors have the discretion to charge it as either a misdemeanor or a felony.

The charging decision depends primarily on the facts of the case, the degree of financial loss or harm intended, and the defendant's prior criminal history.

Misdemeanor Penalties

If convicted of a misdemeanor violation of PC 470b, potential penalties include:

Up to 1 year in Los Angeles County jail
A fine of up to $1,000
Summary (informal) misdemeanor probation

Felony Penalties

If convicted of a felony violation of PC 470b, potential penalties include:

16 months, 2 years, or 3 years in county jail under California's realignment program
A fine of up to $10,000
Formal felony probation and court oversight

Special Consideration: Minors and Juvenile Court

When minors or young adults under the age of 21 attempt to use a fake driver's license or ID card to purchase alcohol, tobacco, or enter age-restricted venues, cases are typically handled in the California juvenile court system.

In addition to potential juvenile court sanctions, a conviction or finding of guilt can lead to a 1-year driver's license suspension or a 1-year delay in obtaining a driver's license under California Vehicle Code provisions.

Summary Comparison of Fake ID and Forgery Offenses in California

Understanding how PC 470b compares to other fraudulent document and forgery offenses helps clarify charge severity and potential exposure:

California Code Section	Primary Focus & Prohibited Act	Offense Classification & Max Jail Time
Penal Code 470b PC	Possession or display of a fake ID/license with intent to commit fraud	Wobbler (Up to 1 year for Misdemeanor / Up to 3 years for Felony)
Penal Code 470a PC	Altering, forging, or manufacturing a fake ID or driver's license	Wobbler (Up to 1 year for Misdemeanor / Up to 3 years for Felony)
Vehicle Code 14610 VC	Unlawful possession, display, or alteration of a driver's license (no fraud intent required)	Misdemeanor (Up to 6 months in county jail)

How Can You Defend Against PC 470b Charges?

A skilled criminal defense lawyer can evaluate the circumstances surrounding your arrest and apply effective defense strategies to challenge the prosecution's case.

Lack of Knowledge

You cannot be convicted under PC 470b unless you actually knew the identification card was fake, altered, or forged. If someone handed you a wallet containing a fraudulent card, or if you held an ID without knowing it was counterfeit or altered, your attorney can assert a lack of knowledge defense.

Lack of Intent to Commit Fraud or Forgery

Possessing an altered or fake ID card is not a crime under PC 470b unless accompanied by the specific intent to deceive or defraud. If the fake card was possessed as a novelty item, prop, or kept without any intent to use it for deceptive or fraudulent purposes, the required intent element is absent.

Unlawful Search and Seizure

If law enforcement officers discovered the fake identification during an illegal detention, unconstitutional traffic stop, or warrantless search of your person, vehicle, or purse, your defense attorney can file a Motion to Suppress Evidence under California Penal Code 1538.5 PC. If the court grants it, the evidence of the fake ID cannot be used, often forcing a complete dismissal of the charges.

What Is a Hypothetical Example of a PC 470b Case?

Consider a scenario where an individual in Los Angeles purchases a counterfeit California driver's license online that features their real photo but displays a fake name and date of birth.

While driving home, the driver is pulled over by a police officer for a minor traffic violation. Expecting the officer to run the driver's record and discover an outstanding traffic warrant, the driver hands the officer the counterfeit driver's license to avoid identification and arrest.

In this scenario, the driver can be charged with violating Penal Code 470b PC. The prosecution can establish that the driver possessed a fake driver's license, knew it was forged, displayed it to a peace officer, and acted with the specific intent to defraud law enforcement and evade arrest on an outstanding warrant.

What Are Related Offenses for Penal Code 470b PC?

Related California offenses matter because prosecutors often combine these charges or offer plea bargains that reduce a Penal Code 470b PC offense to a lesser statute based on intent and evidence.

Penal Code 470 PC – Forgery: Prohibits signing another person's name or falsifying financial and legal documents without authorization to commit fraud.
Penal Code 470a PC – Forgery of a Driver's License or ID Card: Targets individuals who actually alter, forge, duplicate, or manufacture fake licenses or government identification cards.
Penal Code 472 PC – Forgery of a Public Seal: Makes it a crime to counterfeit or forge official state seals, such as the official seal on a government ID.
Vehicle Code 12951 VC – Failing to Display a Driver's License: Applies when a driver fails to present a valid driver's license upon the lawful demand of a peace officer.
Vehicle Code 13004 VC – Unlawful Acts Related to Identification Cards: Prohibits possessing, altering, borrowing, or displaying another person's government-issued ID card.
Vehicle Code 14610 VC – Unlawful Acts Related to Driver's Licenses: Prohibits possessing or displaying an altered or fraudulent driver's license without requiring proof of fraudulent intent.

Frequently Asked Questions (FAQs)

Is possessing a fake ID always a felony in California?

No. Penal Code 470b PC is a "wobbler" offense. Prosecutors can charge it as either a misdemeanor or a felony depending on the severity of the alleged fraudulent scheme, any monetary loss involved, and whether the defendant has prior criminal convictions.

Can you be charged under PC 470b if you never actually used the fake ID?

Yes. Penal Code 470b PC prohibits the mere possession or holding of a forged driver's license or government ID, provided you possessed it with the specific intent to commit fraud or forgery. Actual use is not required to establish guilt.

What is the difference between Penal Code 470a and Penal Code 470b?

Penal Code 470a PC targets someone who makes, alters, or manufactures a fake driver's license or ID card. Penal Code 470b PC targets someone who possesses or displays a fake ID card with the intent to commit fraud.

Will a conviction for a fake ID result in a driver's license suspension?

If an individual under 21 years of age is convicted of possessing or displaying a fake ID to purchase alcohol or evade age requirements, California law mandates a 1-year suspension (or 1-year delay in issuance) of their California driver's license under Vehicle Code provisions.

Can I expunge a PC 470b conviction from my criminal record?

Yes. If you are convicted of a misdemeanor or felony PC 470b offense, successfully complete your probation terms, and satisfy all court orders, an experienced criminal defense lawyer can petition the court for an expungement under California Penal Code 1203.4 PC.

Speak to a Criminal Defense Lawyer

Facing charges for possessing or displaying a fake driver's license or identification card under Penal Code 470b PC can carry lasting legal consequences, including jail time, substantial fines, and a permanent criminal record.

At Esfandi Law Group, our experienced Los Angeles criminal defense team challenges the prosecution's evidence, negotiates with local district attorneys, and seeks to reduce or dismiss charges.

Whether your case involves an innocent misunderstanding, a lack of fraudulent intent, or an unlawful law enforcement search, we fight aggressively to protect your rights and reputation.

Contact our law firm today to schedule a free case evaluation:

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