Vehicle Code 13004 VC: Unlawful Use of Identification Cards

California Vehicle Code 13004 VC regulates the illegal possession, modification, copying, or misuse of government-issued ID cards.

While frequently associated with minors using a fake ID to purchase alcohol or gain entry into nightclubs, this statute is a broad fraud provision that targets both the individuals using deceptive identification and those who willingly supply their real ID cards to others.

Unlike severe felony forgery charges, a violation of VC 13004 is strictly classified as a criminal misdemeanor, but it still carries the risk of jail time, significant court fines, and a permanent criminal record.

Simply put, Vehicle Code 13004 VC is a California statute that prohibits possessing, displaying, altering, or distributing fake or fraudulent government ID cards. Offenses can result in up to six months in county jail and fines reaching $1,000.

Quick Reference Summary Chart

Attribute	Summary Details
Statute	California Vehicle Code Section 13004 (VC 13004)
Primary Offense	Unauthorized possession, use, modification, or distribution of a government ID card.
Prohibited Acts	Having a fake or altered ID; lending your ID to someone else; using another person's ID; or creating a counterfeit or duplicate government ID card..
Classification	Misdemeanor
Maximum Jail Time	Up to 6 months in county jail.
Maximum Fine	Up to $1,000 (plus substantial court assessments).
DMV Point Count	0 points (However, it may trigger separate DMV administrative actions/suspensions against minor driving privileges).
Common Legal Defenses	Lack of fraudulent intent, mistake of fact (accidental pickup), no active possession, illegal search and seizure.

Prohibited Conduct Under VC 13004

VC 13004's statutory language outlines seven specific methods by which an individual can violate this section. It is illegal for any person to:

(a) To possess or display any identification card that is canceled, fictitious, fraudulently altered, or fraudulently acquired.
(b) To lend, giving an identification card to someone else, or knowingly allowing another person to use it.
(c) To display or represent an identification card not issued to them as being their own.
(d) To permit any unlawful use of an ID card issued to them.
(e) To perform any act forbidden or fail to perform any act required by the state's ID provisions.
(f) To photograph, duplicate, or reproduce any ID card that could be mistaken for a valid, state-issued card, or possessing such a reproduction without permission.
(g) To alter an identification card in any manner not legally authorized by the California Vehicle Code.

Real-World Examples

The Club Entry Attempt: A 19-year-old college student attempts to access a venue that requires guests to be 21 or older. He uses his older brother's valid California driver's license, as both share similar physical features. The bouncer flags the ID and calls law enforcement. The student may be charged under VC 13004(c) for using someone else's ID as his own, while the brother could face charges under VC 13004(b) for lending it.
The Novelty Alteration: A minor uses computer editing software to precisely change her birth year on her valid state ID, then prints a high-quality overlay sticker and applies it to the card. When stopped by police for a minor violation, the officer notices the altered card. She could face charges under VC 13004(g) for illegally modifying an identification card.
The Photocopied ID Misunderstanding: A car rental employee copies a customer's driver's license in black and white for their records. This action does not constitute a crime under VC 13004(f) because a regular paper photocopy cannot be mistaken for an official government card, and there is no intent to commit fraud. Therefore, it is not considered illegal duplication.

Penalties and Consequences

A violation of California Vehicle Code 13004 VC is a misdemeanor and carries the following penalties for the defendant:

Jail Time: Up to a maximum of 6 months in a county jail.
Fines: A base criminal fine of up to $1,000 can increase significantly when state and county penalty assessments are added, potentially tripling the total amount owed.
Summary Probation: Courts often issue informal or summary probation sentences lasting between 1 and 3 years to defendants.
Criminal Record: Unlike a minor traffic ticket, a misdemeanor conviction results in a permanent criminal record that can appear during employment background checks, housing applications, and licensing evaluations.
DMV Suspensions: If the offender is under 21, a fake ID conviction can trigger a mandatory suspension or delay of driving privileges for up to 1 year under separate California DMV administrative regulations.

Related California Laws

Prosecutors may opt to charge alternative or additional offenses based on the severity of the fraud and the kind of document involved.

PC 470b PC – Possessing a Counterfeit Driver's License: This is a much more serious offense. If the card involved is a driver's license (not a regular ID card) and was used with the intent to forge, it is considered a "wobbler" that can be charged as a felony, which can result in up to 3 years of imprisonment.
VC 13004.1 VC – Manufacturing or Selling Counterfeit IDs: This law increases penalties for the commercial use of fake IDs, focusing on those who produce, print, or sell counterfeit California DMV identification cards.
PC 530.5 PC – Identity Theft: If someone uses another person's genuine identification to open credit accounts, cash checks, or evade arrest warrants, prosecutors will ignore the Vehicle Code and pursue felony identity theft charges.

Strategic Legal Defenses

A skilled California criminal defense lawyer can deploy several key strategies to challenge a VC 13004 allegation:

Lack of Fraudulent Intent / Accident

Criminal liability under this law depends on having a certain level of knowledge or intent. If you unintentionally pick up a friend's wallet or purse with their ID inside, or if someone sneakily places an altered card in your belongings as a joke without your awareness, you do not have the necessary criminal awareness to be found guilty.

No Legally Proscribed "Duplication"

If you are charged under subsection (f) for creating an ID facsimile, the defense can argue that the reproduction was not intended to deceive. For example, creating a clearly labeled, oversized prop ID for a theatrical play or a novelty "World's Best Boss" gag card cannot be mistaken for an authentic DMV document.

Unlawful Search and Seizure (Fourth Amendment)

In many cases involving fake IDs, bouncers hand over the confiscated cards to police officers, or police find the cards during searches of a person's pockets, vehicle, or wallet.

If law enforcement conducts a search without a warrant, probable cause, or exceeds the scope of a minor detention, a defense attorney can file a Motion to Suppress Evidence (PC 1538.5). If this motion succeeds, the evidence is excluded, often leading to a dismissal.

Frequently Asked Questions (FAQs)

What is the main difference between VC 13004 and PC 470b?

The main difference is in the severity and the type of document involved. VC 13004 generally covers identification cards and is classified as a misdemeanor. In contrast, Penal Code 470b PC specifically targets fake or altered driver's licenses used for forgery and is considered a "wobbler," allowing prosecutors to charge it as a felony.

Can I go to jail if this is my first offense for a fake ID?

Although the law allows up to 6 months in jail, it's uncommon for first-time offenders who are minors or college students to serve actual jail time. An experienced defense attorney can often negotiate with prosecutors to secure diversion programs, community service, or reduce the charge to an infraction, helping to keep the client's criminal record clean.

Am I breaking the law if I let a friend use my ID just to get into a concert?

Yes. According to VC 13004(b), it is explicitly illegal to lend your ID card or knowingly allow someone else to use it. If your friend is caught using your card, you and your friend can both face separate misdemeanor charges.

Speak to a California Criminal Defense Lawyer

Although an ID-related citation might seem minor, a misdemeanor charge can have long-term consequences for a young professional, potentially hindering career growth and academic progress.

If you or your child is being accused under Vehicle Code 13004, seeking legal help early is essential.

A dedicated defense firm can assess the details of the stop, safeguard your constitutional rights, and negotiate assertively with prosecutors to secure a civil compromise, a diversion program, or a full dismissal of the charges.

Cron, Israels & Stark can help you. Schedule your consultation today at (424) 372-3112 or use the contact form.

Unlawful Use of Identification Cards