Production / Selling of Novelty Identification Products

[Jetset_Renegade]

Texas

There are a number of shops in the state of Texas that offer 'novelty' identification products. Basically, Fake ID's. I am a capitalist pig, so I am considering becoming one of them. I have researched the laws that apply to the possession and production of them, and I think that there is a loophole. I am currently consulting council about the matter, but I would like to bounce my proposed loophole off some of the more insightful minds that respond to this forum, as well. I have an abbreviated version of the statutes that I will be referring to immediately below, and the full text further down. Out of the grace of your heart if you decide to read it all and respond, I thank you.

Okay,

Under Texas State Statute §521.453(a) a fake id is :

A drivers license or id card that a reasonable person would assume is real that does not have the disclaimer "NOT A GOVERNMENT DOCUMENT" printed to spec on it. The law so defines it.

(a) a person under the age of 21 commits an offense if they posses, with the intent to represent that they are 21 years of age or older, a deceptively similar driver’s license or ID certificate UNLESS the document displays the statement “NOT A GOVERNMENT DOCUMENT” indelibly printed in 1/4" solid red capital letters diagonally on both sides.

(b) “deceptively similar” means a reasonable person would assume that the fake license presented was a genuine, government-issued license.

Okay, now that says to me that if i make it to spec, market it as a novelty item and make everyone sign a document that says they know if they alter it, or try to present it as their ID they are committing a crime, that I can legally produce them and sell them, as the other shops have done.

Now, here is the kicker; in statute §521.456 subsections (a)-(c) it says anyone that makes, sells, offers to sell, distributes ect ect ect and "false instrument" is committing a third degree felony. Subsection D goes on to establish a section-specific definition of "false instrument" (that is completely different from the above) as:

"For purposes of this section, "instrument" means a driver's license, driver's license form, personal identification
certificate, stamp, permit, license, official signature,
certificate, evidence of fee payment, or any other instrument."

so..... Is it legal to own, but not legal to make and sell?

If I did not use any official signatures, seals, designs, ect ect ect (so as to avoid violation of § 37.10 Texas Penal Code - altering a gov doc), but made it to where if there were not "NOT A GOVERNMENT DOCUMENT" printed on it, a reasonable person would assume the document legitimate but then went ahead and printed on the back the disclaimer, and placed a lamination of the disclaimer on the front, had each customer sign a document affirming the information they are having me put on there is correct, and that if they alter the novelty in any way, shape or form, that they are committing a crime, would I be within the bounds of the law?

This is how I believe the other shops get away with it, and depending on what my council says, and by the feedback that i get here, it is how I will be getting away with it, too.

If you are still reading this, you are far too kind, and far more generous with your time than I. Thank you.

Here is the full text of the law for your reference.


§ 521.453. FICTITIOUS LICENSE OR CERTIFICATE.
(a) Except as provided by Subsection (f), a person
under the age of 21 years commits an offense if the person
possesses, with the intent to represent that the person is 21 years
of age or older, a document that is deceptively similar to a
driver's license or a personal identification certificate unless
the document displays the statement "NOT A GOVERNMENT DOCUMENT"
diagonally printed clearly and indelibly on both the front and back
of the document in solid red capital letters at least one-fourth
inch in height.

(b) For purposes of this section, a document is deceptively
similar to a driver's license or personal identification
certificate if a reasonable person would assume that it was issued
by the department, another agency of this state, another state, or
the United States.

(c) A peace officer listed in Article 2.12, Code of Criminal
Procedure, may confiscate a document that:
(1) is deceptively similar to a driver's license or
personal identification certificate; and
(2) does not display the statement required under
Subsection (a).

(d) For purposes of this section, an offense under
Subsection (a) is a Class C misdemeanor.

(e) The attorney general, district attorney, or prosecuting
attorney performing the duties of the district attorney may bring
an action to enjoin a violation or threatened violation of this
section. The action must be brought in a court in the county in
which the violation or threatened violation occurs.

(f) Subsection (a) does not apply to:
(1) a government agency, office, or political
subdivision that is authorized to produce or sell personal
identification certificates; or
(2) a person that provides a document similar to a
personal identification certificate to an employee of the person
for a business purpose.


(g) In this section:
(1) "Driver's license" includes a driver's license
issued by another state or by the United States.
(2) "Personal identification certificate" means a
personal identification certificate issued by the department, by
another agency of this state, by another state, or by the United
States.

(h) In addition to the punishment provided by Subsection
(d), a court, if the court is located in a municipality or county
that has established a community service program, may order a
person younger than 21 years of age who commits an offense under
this section to perform eight hours of community service unless the
person is shown to have previously committed an offense under this
section, in which case the court may order the person to perform 12
hours of community service.

(i) If the person ordered to perform community service under
Subsection (h) is younger than 17 years of age, the community
service shall be performed as if ordered by a juvenile court under
Section 54.044(a), Family Code, as a condition of probation under
Section 54.04(d), Family Code.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 823, § 1, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1358, § 1, eff. Sept. 1, 1997.






§ 521.454. FALSE APPLICATION.
(a) A person commits an offense if the person knowingly swears to or affirms falsely before
a person authorized to take statements under oath any matter,
information, or statement required by the department in an
application for an original, renewal, or duplicate driver's license
or certificate issued under this chapter.

(b) An information or indictment for a violation of
Subsection (a) that alleges that the declarant has made
inconsistent statements under oath, both of which cannot be true,
need not allege which statement is false and the prosecution is not
required to prove which statement is false.

(c) An offense under this section is a Class A misdemeanor.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1999, 76th Leg., ch. 658, § 1, eff. Sept. 1, 1999.






521.455. USE OF ILLEGAL LICENSE OR CERTIFICATE.
(a) A person commits an offense if the person
intentionally or knowingly uses a driver's license or certificate
obtained in violation of Section 521.451 or 521.454 to harm or
defraud another.

(b) An offense under this section is a Class A misdemeanor.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.






§ 521.456. DELIVERY OR MANUFACTURE OF COUNTERFEIT INSTRUMENT.

(a) A person commits an offense if the person
possesses with the intent to sell, distribute, or deliver a forged
or counterfeit instrument that is not printed, manufactured, or
made by or under the direction of, or issued, sold, or circulated by
or under the direction of, a person, board, agency, or authority
authorized to do so under this chapter or under the laws of the
United States, another state, or a Canadian province. An offense
under this subsection is a Class A misdemeanor.

(b) A person commits an offense if the person manufactures
or produces with the intent to sell, distribute, or deliver a forged
or counterfeit instrument that the person knows is not printed,
manufactured, or made by or under the direction of, or issued, sold,
or circulated by or under the direction of, a person, board, agency,
or authority authorized to do so under this chapter or under the
laws of the United States, another state, or a Canadian province.
An offense under this subsection is a felony of the third degree.

(c) A person commits an offense if the person possesses with
the intent to use, circulate, or pass a forged or counterfeit
instrument that is not printed, manufactured, or made by or under
the direction of, or issued, sold, or circulated by or under the
direction of, a person, board, agency, or authority authorized to
do so under this chapter or under the laws of the United States,
another state, or a Canadian province. An offense under this
subsection is a Class C misdemeanor.

(d) For purposes of this section, "instrument" means a
driver's license, driver's license form, personal identification
certificate, stamp, permit, license, official signature,
certificate, evidence of fee payment, or any other instrument.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 165, § 30.99, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 823, § 2, eff. Sept. 1, 1997.

[CdwJava]

Okaaaay ... and what will YOUR IDs look like?

The bottom line is what they look like. If they look close enough to the real thing or to be easily modified to look like the real thing, you could be in a world of hurt. There were a couple places in Berkeley that got hammered for that sort of thing a few years back.

There might be safer ways to make a living then try to make IDs intentionally similar to a state-issued one.

- Carl

[HomeGuru]

[quote=Jetset_Renegade]Texas

There are a number of shops in the state of Texas that offer 'novelty' identification products. Basically, Fake ID's. I am a capitalist pig, so I am considering becoming one of them. I have researched the laws that apply to the possession and production of them, and I think that there is a loophole. I am currently consulting council about the matter, but I would like to bounce my proposed loophole off some of the more insightful minds that respond to this forum, as well. I have an abbreviated version of the statutes that I will be referring to immediately below, and the full text further down. Out of the grace of your heart if you decide to read it all and respond, I thank you.

**A: I fail to see your loophole. Post the photo of the ID back and front so we can take a look at your product and judge accordingly.

Jetset_Renegade, are you familiar with the phrase that begins, "You have the right to remain silent...."?

[minerzlegal]

I have not spent near as much time in this site as a lot of the people that have already responded, but I can see your next question coming a few months from now. "I made and sold fake ID's in the state of Texas. I was busted for counterfeiting look a like government doc's. What should I do?"
But your defense as a capitalist pig may work on the Judge. I would be afraid that every under age person will be trying to get into every where they are not allowed by law. You may find yourself in a pile of sh-t and the state of Texas on the end of the shovel. But if you have enough time on your hands to look all this up, a little jail time might not get in your way. Good Luck.

[JoeDren]

I have purchased one of the ID's that this guy is talking about. Basically these are fairly real looking id cards (not DLs) minus the official state seal. Printed directly on the back of the card in red is "Not a Government Document" The card is then laminated and "Not a Government Document" is printed in large letters on both sides of this lamination. All buyers must sign a release, stating they will not remove the lamination or printing, and that they understand doing so is a felony. I got caught with mine, after removing all the "Not a Government Document" printing on it, and was charged with Tampering with a Government Document. Now, this does not mean that the shop that made the cards have a damn thing to worry about. The TABC has been trying to bust these guys balls since they opened up, but these people know what they are doing. You go in there and ask for a fake DL, and they will throw your ass out. They are in the business of making novelty ID and that is it. Just be careful of a few things. First, you can't legally make ID's that actually scan. Alot of kids want this feature, but doing this makes it obvious that you intend for the kids to remove the lamination and what not. Also, be very careful about your wording and documentation. If you have some punk running your shop and they answer a question the wrong way then you are screwed. Other than that, just make sure you know a good lawyer just in case you run into any trouble and you should be set to make a bunch of money.

[Alchohol_Free]

This thread qualifies for the enviable designation of a "I got busted for......how do I got off the hook?" future thread.