7 State Laws That Treat Borrowed IDs Differently From Counterfeit IDs

A borrowed ID and a counterfeit ID can look like the same thing at a bar or store: someone is using identification that does not belong to them. But legally, there is an important difference.

A counterfeit ID is usually a document that has been fabricated, fraudulently altered or made to look like an official identification card. A borrowed ID is a genuine document issued to someone else. The card itself may be valid, but the person presenting it is not the person named on it.

State laws do not always treat these situations the same way. Some specifically prohibit lending a valid driver's license, while others list using another person's ID separately from possessing a fraudulent document. A few also have exceptions that make the distinction more complicated.

Here is what 7 states do when the statute separates a borrowed ID from a counterfeit one.

1. Kansas: Lending an ID and possessing a counterfeit are separate offenses

Kansas makes one of the clearest distinctions in its identification laws.

Under K.S.A. 8-1327, it is unlawful for a person to:

• Possess or display a fictitious, fraudulently altered or fraudulently obtained identification card.
• Lend an identification card to another person or knowingly allow someone else to use it.
• Represent an identification card issued to someone else as their own.

These are separate prohibitions under subsection (a). The law does not require a borrowed ID to be counterfeit before lending or using it becomes unlawful.

Kansas also has a specific rule for lending identification to someone under 21. Under subsection (c), a person cannot lend an ID or knowingly permit its use by someone under 21 for purchasing alcoholic liquor. The statute sets out separate penalties for violations of these provisions.

A parallel rule applies to driver's licenses under K.S.A. 8-260. It separately prohibits possessing fictitious or fraudulently altered licenses, lending a license and representing someone else's license as your own.

2. Texas: A genuine driver's license can still be unlawfully used

Texas Transportation Code § 521.451 covers several types of driver's-license violations.

Under Section 521.451, a person cannot:

• Possess or display a driver's license they know is fictitious or altered.
• Lend their driver's license to another person or knowingly allow someone else to use it.
• Display or represent a license issued to someone else as their own.

Notice how the statute treats these acts separately. The first concerns the authenticity or condition of the document. The other two concern who is allowed to use it.

This means a person does not necessarily avoid a driver's-license offense just because the card is genuine. Lending a valid license to another person can itself violate the statute.

A violation of Section 521.451 is generally a Class A misdemeanor. However, subsection (c) contains an important limitation: when the same conduct also constitutes an offense under Texas Alcoholic Beverage Code § 106.07, the person may be prosecuted only under that alcohol provision.

3. North Carolina: The law names borrowed licenses and altered IDs separately

North Carolina's General Statute § 18B-302 makes a clear distinction in its underage alcohol provisions.

Subsection (e) prohibits a person from using specified forms of identification to enter or attempt to enter a place where alcohol is sold or consumed, or to obtain or attempt to obtain alcohol in violation of the underage drinking rules.

The list includes:

• A fraudulent or altered driver's license.
• A fraudulent or altered identification document other than a driver's license.
• A driver's license issued to another person.
• Another identification document issued to someone else.

The distinction is deliberate. A fraudulent or altered document and a genuine document issued to another person appear as separate categories.

North Carolina also addresses the person who supplies the borrowed ID. Under subsection (f), it is unlawful to permit another person to use your driver's license or another form of identification issued or given to you when that person violates or attempts to violate the underage alcohol provision.

The statute also requires certain convictions under subsections (e) and (f) to be reported to the Division of Motor Vehicles. The Division must revoke the person's license as required by G.S. 20-17.3.

4. Pennsylvania: Using another person's ID is covered by the false-ID law

Pennsylvania's 18 Pa.C.S. § 6310.3 addresses carrying a false identification card.

For someone under 21, the law covers possessing an ID that falsely identifies the person by name, age, date of birth or photograph as being at least 21. It also covers obtaining or attempting to obtain alcohol by using another person's identification card or a card that was not lawfully issued to the person possessing it.

This is an important distinction because the borrowed card does not have to be fabricated. A genuine driver's license issued to someone else can fall within the provision when used to obtain or attempt to obtain alcohol.

Pennsylvania also has a separate provision, 18 Pa.C.S. § 6310.2, addressing the manufacture or sale of false identification cards.

The penalties are not identical. Under § 6310.3, a first violation is a summary offense, while a subsequent violation is a third-degree misdemeanor. Section 6310.2 addresses a different type of conduct involving the manufacture or sale of false identification.

5. Illinois: The statute covers another person's ID and false or forged cards

Illinois addresses identification misuse in Section 6-20 of the Liquor Control Act (235 ILCS 5/6-20).

Subsection (c) prohibits several forms of identification-related conduct, including:

• Transferring, altering or defacing an identification card.
• Using another person's identification card.
• Carrying or using a false or forged identification card.
• Obtaining an identification card through false information.

The wording places borrowed and counterfeit identification in the same subsection, but it names them as different forms of prohibited conduct.

For example, presenting a friend's genuine driver's license is different from presenting a forged card. Yet both can fall within the statute's identification restrictions.

A violation of Section 6-20 is classified as a Class A misdemeanor under subsection (f).

Illinois also has separate driver's-license provisions under 625 ILCS 5/6-301, which address unlawful lending and use of driver's licenses and identification cards.

6. Arizona: The law distinguishes false identification from another person's valid ID

Arizona addresses underage use of identification in A.R.S. § 4-244.

Under subsection (N), a person below the legal drinking age commits a Class 1 misdemeanor by using:

• A fraudulent or false written instrument of identification.
• Identification belonging to another person.
• A valid driver's license or identification card belonging to another person.

The provision applies when the person uses that identification to gain access to a licensed establishment.

Arizona also has a separate rule under subsection (L). It makes it a Class 1 misdemeanor for someone under the legal drinking age to misrepresent their age through a written identification document with the intent to induce an unlawful alcohol sale, service or delivery.

The law also provides for possible suspension of driving or nonoperating identification privileges when a person uses another person's license in violation of the relevant provisions.

7. Washington: A narrow exception applies to certain age-misrepresentation situations

Washington is an interesting contrast because its law does not treat every possession of another person's identification as the same offense.

Under RCW 9A.56.330, a person can commit the offense of possessing another person's identification by knowingly possessing personal identification bearing someone else's identity without that person's permission, provided the conduct does not amount to identity theft under RCW 9.35.020.

However, subsection (2)(a) creates a specific exception. The section does not apply to someone who obtains another person's identification by means other than theft for the sole purpose of misrepresenting their age.

This is a narrow exception to this particular possession offense. It does not mean that borrowing an ID to misrepresent age is generally lawful in Washington.

Other laws may still apply depending on what the person does with the document. For example, Washington's alcohol laws separately address underage alcohol purchases and related conduct.

The wording also matters because the exception refers to obtaining the identification for the sole purpose of misrepresenting age. It should not be expanded to cover situations involving theft, identity fraud or other criminal purposes.

What these seven states have in common

The laws differ, but they show why calling every document a "fake ID" can hide important legal details.

• Kansas separately prohibits fraudulent IDs, lending an ID and representing another person's ID as your own.
• Texas separately addresses fictitious or altered licenses, lending and impersonation through another person's license.
• North Carolina lists altered or fraudulent documents and genuine IDs issued to someone else as separate categories.
• Pennsylvania covers another person's ID in the underage alcohol offense and separately regulates manufacturing or selling false IDs.
• Illinois names using another person's ID and carrying or using a false or forged ID as separate prohibited acts.
• Arizona separately identifies false or fraudulent identification and another person's valid ID in its underage-entry provision.
• Washington provides a narrow exception to one possession offense for certain age-misrepresentation situations.

The differences are not just technical. They can affect which offense applies, whether the person who lent the ID can also be charged and what penalties may follow.

For a closer look at the terminology, read our guide on the difference between a fake ID, an altered ID and a borrowed ID. It explains why the document's authenticity and the person's authority to use it are two separate questions.

The bottom line

A genuine ID does not become legally usable by someone else simply because its owner agrees to lend it. Several states specifically prohibit lending identification or representing another person's license as your own.

Other states place borrowed and counterfeit documents in the same statutory provision but still identify them as separate forms of prohibited conduct. Washington goes further in a different direction by creating a limited exception to one possession offense for certain age-misrepresentation situations.

The most important thing is to read the exact state law. Whether an ID is counterfeit, altered or borrowed can change the legal analysis, but none of those labels alone tells the whole story.

Frequently Asked Questions

Is borrowing a friend's ID treated the same as using a counterfeit ID?

Not always. Several states list a borrowed ID and a counterfeit or altered document as separate forms of prohibited conduct, and some make lending a genuine license an offense of its own. The charge can differ even when the card itself is real.

Can the person who lent the ID also get in trouble?

Yes, in many states. Kansas, Texas and North Carolina all have provisions that make lending a license or knowingly allowing someone else to use it unlawful, separate from whatever the person who presented it did.

Does Washington's age-misrepresentation exception make borrowed IDs legal?

No. Washington carves out a narrow exception to one specific possession offense for someone who obtains another person's ID without theft solely to misrepresent their age. Other laws can still apply depending on what the person does with the document.

Which of these 7 state laws matters most to someone facing a charge?

The one from the state where the conduct happened. Kansas, Texas, North Carolina, Pennsylvania, Illinois, Arizona and Washington each define the prohibited conduct differently, so the applicable statute and its penalties depend on the location.

Does a genuine driver's license ever protect someone from a false-ID charge?

Not automatically. A genuine license issued to someone else can still be misused, and states like Pennsylvania expressly include another person's ID in their underage alcohol offense even though the document was never fabricated.

Where can someone check the exact wording of these laws?

The official state statute pages and a licensed attorney in the relevant state are the best sources. The sections named above, such as K.S.A. 8-1327 and 18 Pa.C.S. § 6310.3, are a starting point for reading the current text.

Final Thoughts

The biggest takeaway from these 7 state laws is that the document's authenticity and the user's authority to present it are two different questions. A real ID in the wrong hands can create legal exposure that looks a lot like a counterfeit-ID case.

Anyone who lends a license, borrows one or uses someone else's card should assume the state statute may treat that conduct separately from possessing a fake document. The distinctions are written into the law for a reason.

When in doubt, treat any identification you present as your own responsibility. The legal analysis changes from state to state, and the person who lent the card often faces a statute written just for them.