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New Jersey False Government Documents Law

Lawmakers, judges, police and just about everyone else recognize that the integrity of personal identification documents like a New Jersey driver’s license, a birth certificate, or similar item must be maintained. A driver’s license, in particular, must be accurate and authentic given that it is the primary source for verifying an individual’s identity or age at the bank, when stopped by police, in boarding a plane, and while conducting other fundamental activities and interactions of our everyday life. In order to combat conduct intended to compromise the reliability of personal identification issued by the government, N.J.S.A. 2C:21-2.1 was enacted.

N.J.S.A. 2C:21-2.1 targets those who possess, distribute, or create false, fake, forged, fraudulent or counterfeit false government documents such as a driver’s license, birth certificate, car registration, vehicle title or the like. What we are referring to specifically are documents generated by a governmental agency that are used to verify a person’s identity or age or any other personal identifying information. Any conduct that touches on forgery or possession of forged items of this nature are criminalized by 2C:21-2.1, including:

1. Selling or Possession With Intent to Sell
2. Manufacturing or Possessing Devices to Make Forged or Counterfeit Government Documents
3. Exhibiting
4. Possessing

If an individual engages in any of these activities and the documents in question involve “personal identifying information” (i.e. an item that can be used for this purpose), he or she faces prosecution under 2C:21-2.1.

Grading of Offense in Severity

Selling, transferring, distribution or possession with intent to distribute false, fake, or a simulated government documents (e.g. a driver’s license) is a second degree crime.

Manufacturing, making or producing fake identification is a second degree crime.

Possession of materials or devices used to produce a driver’s licenses or other fraudulent government documents is a second degree crime.

Knowingly exhibiting a false governmental document is a third degree crime.

Possession of a fake driver’s license, birth certificate or other government document containing personal identifying information is a fourth degree crime.

Elements of Proof

There are core elements that must be established by the prosecutor in order to secure a conviction for forgery relating to government documents containing personal identifying information.

When the charge involves possession of a simulated (ie. fake, forged, counterfeit, etc.) government document such as a driver’s license, there are three (3) things that the state must prove, beyond a reasonable doubt, including:

1. The defendant possessed a government-generated document;
2. The document contained personal identifying information; and
3. He or she knew that the document was fake or forged.

When the indictment or criminal charge alleges that the accused exhibited this type of item, element (1) above requires that it was exhibited rather than possessed. Otherwise, the elements are the same.

Possession with intent to distribute simulated government documents also requires proof as to three (3) elements, namely:

1. That the defendant knowingly possessed a forged government document;
2. The document was issued by a governmental agency as a means of verifying a person’s identity or age or any other personal identifying information; and
3. The defended intended to distribute the document to one (1) or more individuals.

When the charge involves allegations of distribution or that the defendant manufactured/created a simulated government document, element of proof (3) changes accordingly.

Penalties & Sentencing

A conviction for a second degree crime for simulated government documents results in a fine of up to $150,000 and 5-10 years in prison.

Third degree fraudulent government documents carries 3-5 years in prison and a maximum fine of $15,000.

A fourth degree offense for fake government documents triggers up to 18 months in prison and a fine that can reach $10,000.

License Suspension. In addition to the above mentioned penalties, a person convicted for violating N.J.S.A. 2C:21-2.1 results in a mandatory driver’s license suspension of 6-24 months.

Common Defense To False Government Documents

Various defenses may be employed against the charge of possession of or making false government documents in New Jersey. Some common defenses for this offense are:

• Lack of knowledge that the document was forged or fake
• Violations of your rights against unreasonable search or seizure
• There wasn’t actual possession of the identification
• The document did not involve personal identifying information
• Elements of the offense cannot be established by the state

Juvenile Facing A Simulated Government Document Charge

One of the most frequently encountered scenarios for simulated government document charges is possession of a fake Id by a minor or someone under legal drinking age of twenty-one (21) years old.

Lawmakers recognized how unfair it would be to strap a young person with a felony record for attempting to use or possessing a fake driver’s license, and carved out exceptions to the grading and penalties previously set forth. More specifically, the normal penalties under 2C:21-2.1 do not apply to someone possessing, exhibiting, or using a fake ID to illegally purchase alcoholic beverages, tobacco, or other consumer products that are limited to individuals over a certain age.

An individual faces a reduced charge, a disorderly person offense, punishable by up to 6 months in prison, and a $1,000 fine when the document falls within this exception. Please note that the mandatory driver’s license suspension previously set forth also applies.

New Jersey False Government Documents Attorneys

Government documents that are forged clearly have the potential to cause all sorts of criminal problems.  The biggest weapon you possess to combat a charge for exhibiting, manufacturing or intent to distribute fake driver’s licenses or other government documents is a talented NJ criminal attorney. The lawyers at our firm, Marshall Criminal Defense, have decades of experience to put into action so that you reach the best result in your 2C:21-2.1 case. Give us a call at 855-450-8310 to learn exactly how we can assist you in mounting a potent defense to the charges are facing. An attorney is available 24/7 to provide a free initial consultation.

Frequently Asked Questions In NJ False Government Documents Cases