Manufacturing Counterfeit Identification Cards

What is the definition of manufacturing or selling counterfeit identification cards under Vehicle Code 13004.1 VC?

No one can manufacture or sell a document presented for identification to the police that represents the quality, size, and conferred privileges as an identification card issued by the DMV.

When assessing the nature of counterfeiting documents under Vehicle Code 13004.1 VC what is required?

To be counterfeit, the ID must resemble and reproduce the holograms, micro writing, water marks, symbols, logos, magnetic strips, disclosures, attached statutes, color sequence and specs as any identification card issued by the DMV.

What is the mental state specified under Vehicle Code 13004.1 VC? 

There must be a specific intent to defraud. Specific intent can be demonstrated by the equipment utilized or the websites used for selling. Typically, the equipment that law enforcement is looking are:

(1) a computer;
(2) a photographic quality printer;
(3) Identification templates; and
(4) photo-editing software.

In terms of selling for the specific intent to defraud. The tag names of the URL are sufficient, as well as the content displayed on the website.

Punishments for California VC 20 

What are the penalties under a violation of Vehicle Code 13004.1 VC?

Under California Vehicle VC 13004.1(a) violation is a misdemeanor punishable by a fine of no more than $1000 dollars and 24 hours of community service. For a 2nd offense, the Court can impose a jail term of up to one year in jail.

What are examples of violations of Vehicle Code 13004.1 VC?

• Terry was arrested at a Bar with a BAC of .23. The arresting officer confiscated his wallet and discovered the ID was fraudulent. During an investigation Terry told the investigator that he purchased the ID from “Tellitlikeitis.com”. A sting operation was created for the purchase of 10,000 DMV identification cards. After the transaction the police station technician ran a trace on the algorithms of the transactions and discovered the locations of the computers used to facilitate the sale. The location was a college dorm. Using a search warrant the officers discovered in a college dorm: 20 CA DMV ID templates and 10 expired DMV driver’s licenses with names not issued to any of the tenant students. The college students were arrested for misdemeanors.
• Ted, a DMV clerk, decides he needs to make some extra cash to send his daughter to college. The following week, while Ted was helping an applicant, he noticed the applicant supplied false information on an application for an identification card. Ted told the applicant that if he brings 10 more applicants and returns tomorrow, he will pass the application through the DMV for $1000 dollars each. The applicant returns the next day with 10 applicants and Ted makes $10,000 dollars. Ted continues the same process for 2 more weeks with each referral supplying false information. In total Ted makes over $150,000 dollars. Happy that he made the necessary amount required to send his daughter to college, Ted discontinues the agreement. Angry at the inability to make more money, the original applicant turns himself in to the police. In exchange for leniency, the original applicant details the agreement between him and Ted. Police arrive at the DMV and arrest Ted.
• Jamison and Remey, brother and sister, agree to give each other fake driver’s licenses before attempting to sell fake driver’s licenses to their friends. Once finished, they decided to test their product. They went to a local beer store and attempted to purchase a 6 pack of beer. The store clerk confiscated the cards and called the police. The police arrested the siblings and detained the two for 24 hours for court the next day. The two siblings were assessed fines of $1000 dollars each and released.

Defending California VC 13004.1 

What are the defenses under a violation of Vehicle Code 13004.1 VC?

1. Lack of Knowledge of Intent– Unauthorized use of my premises for an illegal activity.
2. Duress- I would not have done the illegal activity but before the threat of serious bodily harm to me or my family.
3. Mistake in Law- Identifications cards created were not for distribution or sell to defraud (i.e. Artwork).
4. Lack of Probable Cause.

We’re Here to Help 

If you are charged with a violation of manufacturing or selling counterfeit identification cards under Vehicle Code VC Section 13004.1, call LAW MART.