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Dimitry K., Esq.
Dimitry K., Esq., Attorney
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Penalty for a minor with a fake id

Resolved Question:

What will happen if a minor uses a Fake ID to check in a hotel room in NYC? The fake's name matches that minor's credit card(his own card). Or where can a minor stay when he is in NYC alone? The fake is scannable. If he gets caught, will that minor go jail? Or will he be in trouble when he applies to colleges and finds a job?

Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

Using (even possessing) a false ID is a crime, which happens to be a Class B Misdemeanor. Furthermore, it may open the ability for the minor to be charged with other offenses, such as check fraud. A minor generally cannot stay at a hotel on his own as hotels have a policy of only allowing their rooms for adults. The kinor can go to uvenile detention if caught but likely that record would be sealed when he attains the age of majority (turns 18).

Here is the law:

S 190.23 title">False personation. A person is guilty of false personation when after being informed of the consequences of such act, he or she knowingly misrepresents his or her actual name, date of birth or address to a police officer or peace officer with intent to prevent such police officer or peace officer from ascertaining such information. False personation is a class B misdemeanor.

S 190.25 Criminal impersonation in the second degree. A person is guilty of criminal impersonation in the second degree when he: 1. Impersonates another and does an act in such assumed character with intent to obtain a benefit or to injure or defraud another; or 2. Pretends to be a representative of some person or organization and does an act in such pretended capacity with intent to obtain a benefit or to injure or defraud another; or 3. (a) Pretends to be a public servant, or wears or displays without authority any uniform, badge, insignia or facsimile thereof by which such public servant is lawfully distinguished, or falsely expresses by his words or actions that he is a public servant or is acting with approval or authority of a public agency or department; and (b) so acts with intent to induce another to submit to such pretended official authority, to solicit funds or to otherwise cause another to act in reliance upon that pretense. 4. Impersonates another by communication by internet website or electronic means with intent to obtain a benefit or injure or defraud another, or by such communication pretends to be a public servant in order to induce another to submit to such authority or act in reliance on such pretense. Criminal impersonation in the second degree is a class A misdemeanor.

S 190.26 Criminal impersonation in the first degree. A person is guilty of criminal impersonation in the first degree when he: 1. Pretends to be a police officer or a federal law enforcement officer as enumerated in section 2.15 of the criminal procedure law, or wears or displays without authority, any uniform, badge or other insignia or facsimile thereof, by which such police officer or federal law enforcement officer is lawfully distinguished or expresses by his or her words or actions that he or she is acting with the approval or authority of any police department or acting as a federal law enforcement officer with the approval of any agency that employs federal law enforcement officers as enumerated in section 2.15 of the criminal procedure law; and 2. So acts with intent to induce another to submit to such pretended official authority or otherwise to act in reliance upon said pretense and in the course of such pretense commits or attempts to commit a felony; or 3. Pretending to be a duly licensed physician or other person authorized to issue a prescription for any drug or any instrument or device used in the taking or administering of drugs for which a prescription is required by law, communicates to a pharmacist an oral prescription which is required to be reduced to writing pursuant to section thirty-three hundred thirty-two of the public health law. Criminal impersonation in the first degree is a class E felony.







Customer: replied 1 year ago.

Hi!

If he gets caught, will the school know? Will they send that minor to jail? Will that minor be in trouble when he applies to college and finds a job? If caught as a foreign national, will they cancel Visa?

Expert:  Dimitry K., Esq. replied 1 year ago.

David,

Unless a minor is charged as an adult, generally the act is considered sealed--the record is not available for review without a court order. Being sent to a juvenile facility (akin to jail) is very possible. If he is a foreigner, he does have a very strong risk of having his visa cancelled and him subsequently deported. This record generally is not public so it does not have to be disclosed on college applications, unless he is charged and convicted as an adult.

Good luck.





Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36931
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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