Pumphrey Law Criminal Defense Felony Charges Making a Counterfeit Driver’s License

Making a Counterfeit Driver’s License

If you were charged with making a counterfeit driver’s license and having instruments for making counterfeit operators’ licenses contrary to Section 831.29, Florida Statutes, then you can be charged with a second degree felony punishable by up to 15 years in Florida State Prison. Make sure you have a good understanding of the Fake ID Florida Law.

Related offenses including possessing a fake driver’s license or I.D. card.  

Tallahassee Attorney for Making a Counterfeit Driver’s License

Inexperienced college students might be accused of the crime for making a fake I.D. for a friend. Although it might now sound serious, if you are charged and prosecuted with the offense, you can be charged with a felony.

If you were charged with making a counterfeit driver’s license, then contact an experienced criminal defense attorney at Pumphrey Law in Tallahassee, Leon County, FL for a free consultation.

Elements of Florida Statute Section 831.29

Florida Statute Section 831.29 prohibits making or having instruments and materials for counterfeiting a driver’s license or government-issued identification card. The crime is charged as a second-degree felony under Florida law which is punishable by up to 15 years in Florida State Prison.

The elements of the crime include: 

1. The Defendant has control, custody, or possession;
2. of any plate, block, press, stone, or other tool, instrument, or implement, or any part thereof;
3. engraves, makes, or amends, or begins to engrave, make, or amend;
4. any plate, block, press, stone, or other tool, instrument, or implement;
5. brings into the state any such plate, block, press, stone, or other tool, instrument, or implement, or any part thereof;
6. in the similitude of the driver’s licenses or identification cards issued by:
   • the Department of Highway Safety and Motor Vehicles; or
   • its duly authorized agents; or
   • those of any state or jurisdiction that issues licenses recognized in this state for the operation of a motor vehicle; or
7.  that issues identification cards recognized in this state for the purpose of indicating a person’s true name and age;
8. has control, custody, or possession of or makes or provides any paper or other material adapted; and
9. designed for the making of a false and counterfeit driver’s license or identification card;
10. purporting to be issued by:
    • the Department of Highway Safety and Motor Vehicles; or
    • its duly authorized agents; or
    • those of any state or jurisdiction that issues licenses recognized in this state for the operation of a motor vehicle; or
    • that issues identification cards recognized in this state for the purpose of indicating a person’s true name and age;
11. has in his or her possession, control, or custody any:
    • such plate or block engraved in any part, or
    • any press or other tool or instrument; or
    • any paper or other material adapted; and
12. designed as aforesaid with intent to;
    • sell;
    • issue;
    • publish;
    • pass; or
    • utter the same; or
13. cause or permit the same to be used in forging or making any such false or counterfeit driver’s license or identification card; or
14. prints, photographs, or in any manner makes; or
15. executes any engraved photograph, print, or impression by any process whatsoever in the similitude of any such licenses or identification cards;
16. with the intent to sell, issue, publish, or utter the same; or
17. to cause or permit the same to be used in forging or making any such false and counterfeit driver’s license or identification card of this state or any state or jurisdiction that issues licenses recognized in this state for the operation of a motor vehicle or that issues identification cards recognized in this state for the purpose of indicating a person’s true name and age.

The degree of similarity between the counterfeit and the official license was a question of fact that must be resolved by the trial court during a bench trial or a jury during a jury trial.