Possessing or Manufacturing Fraudulent Identifications
In North Carolina, it is also a crime to possess or manufacture fraudulent identifications for the purpose of “deception, fraud, or other criminal conduct.” For a person to be guilty of possessing or manufacturing a fraudulent form of identification, the following elements must be proven:
- the defendant knowingly possessed or manufactured a false or fraudulent form of identification
- the defendant possessed or manufactured the false or fraudulent identification form for the purpose of deception, fraud, or other criminal conduct
In addition, it is unlawful for a person to obtain an identification by using false, fictitious or fraudulent information.
Under the statute, an identification includes any of the following or a replica of any of the following:
- An identification card containing a picture, issued by any department, agency, or subdivision of the State of North Carolina, the federal government, or any other state
- A military identification card containing a picture
- A passport
- An alien registration card containing a picture.
A person found guilty of obtaining, possessing or manufacturing fraudulent identifications is guilty of a Class 1 misdemeanor. North Carolina law provides that a person who commits a Class 1 misdemeanor must receive a sentence between 1 and 120 days, depending on the person’s prior convictions. A person with no prior convictions must receive a community punishment, but the court is permitted to sentence a person with prior convictions to active jail time.