USA - Law about fake IDs?

[bcubed]

This one's not exactly drug-related, but I know there are several here with knowledge about the legal consequences of fake ID (which, I've read here, became a felony under the Patriot Act).

I read a bit about "adventure-touring" motorcycling (around-the-world trips and such), and the author said he'd keep a "throwaway" wallet with a modest amt. of cash, non-working credit cards, and a fake driver's license.

Sounded smart to me, but I'd like to know (before I advise SWIM to do so) whether merely posessing the ID is the felony, or is it actually attempting to use it?

(P.S. this is not a thread about how to use a fake ID; at my lizard's age, the next time he'll be lying about his age is to get the senior-citizens' dinner deal at Denny's!)

[Pondlife]

This is an interesting and potentially complex question.

I don't have any firm knowledge on this, but I can see three main issues that need to be taken into account:

1. The jurisdiction that applies.
The question is tagged "USA", so presumably that is the primary jurisdiction that you are thinking of. However round-the-world motorcycling will involve many different countries, each of which may potentially have their own law on this issue.

2. The difference between having it and using it.
In some jurisdictions (including the UK I believe), there is a difference between possessing fake ID and actually trying to use it. There can also be differences depending on how it is used. In the UK (and probably other countries as well), presenting a "fraudulent instrument" knowing it to be false to gain some advantage can be a crime. However merely possessing fake documents is not illegal as far as I am aware.

3. Recent changes because of "terrorism".
There have been lots of changes in many western countries that have been attributed to combating terrorism. ID features in many of these, so you will need to be careful that these don't make it a crime. Some of this legislation is very broad.

[bcubed]

Thanks for the quick response, PL. Yes, lizard is predominantly concerned with the US here, though he forsees adventures outside the US, in which case, he'll do a little research (not just the ID--laws that westerners take for granted can be quite different elsewhere!)