Fake ID Charge in Holmdel NJ
There are several different statutes that may be charged with someone is arrested for possessing or using a fake/fraudulent/counterfeit ID. The laws we are referring to include N.J.S.A. 2C:21-17 (“Impersonation; Theft of Identity”), N.J.S.A. 2C:21-2.1 (“Offenses involving false government documents, degree of crime”), N.J.S.A. 2C:21-17.2 (“Use of personal identifying information of another, certain; second degree crime”), N.J.S.A. 33:1-81 (“Misrepresenting age to induce sale or delivery to minor; disorderly person”), and N.J.S.A. 2C:28-7 (“Tampering with public records or information”). The most frequently charged of these statutes is N.J.S.A. 33:1-81. This law provides that:
(a) A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or having served or delivered to him or her, any alcoholic beverage; or
(b) A person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him any alcoholic beverage; or
(c) Any person to misrepresent or misstate his age, or the age of any other person for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages; or
(d) Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his age have the right to purchase and consume alcoholic beverages.
Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $500.00. In addition, the court shall suspend or postpone the person’s license to operate a motor vehicle for six months.
Using a fake ID in violation of 33:1-81 is a disorderly persons offense that carries serious penalties. You face a fine of $1,000, up to 6 months in jail and a driver’s license suspension of six months. You will also have a record that cannot be expunged for a minimum of 5 years. This means that every prospective employer, professional school, licensing board or other entity that has occasion to perform a background check will see that you have a record.