California Penal Code § 470a PC makes it a crime to alter, forge, counterfeit, or duplicate a driver's license or identification card with the specific intent to facilitate a fraud.

Because section 470a PC is a "wobbler" offense, prosecutors can charge it as either a misdemeanor or a felony depending on the circumstances of the case and the defendant's criminal history.

Statutory Text of PC 470a

Every person who alters, forges, counterfeits, causes to be altered, forged, or counterfeited, or knowingly has in his or her possession any altered, forged, or counterfeited driver's license or identification card issued by any governmental agency with the intent that such driver's license or identification card be used to facilitate the commission of any forgery, is punishable by imprisonment in a county jail for not more than one year, or pursuant to subdivision (h) of Section 1170.

Key Statutory Definitions

• Alter, Forge, or Counterfeit: Modifying a genuine government-issued driver's license or identification card, manufacturing a fake license from scratch, or reproducing an official ID without authorization.

• Government-Issued Identification: Any official driver's license or state-issued identification card created by the California Department of Motor Vehicles (DMV) or an equivalent government authority in another state or country.

• Intent to Facilitate Forgery: A specific mental state where the individual acts with the explicit goal or purpose of using (or allowing someone else to use) the altered or fake identification to deceive another party or commit fraud.

What Must Be Proven to Convict

To secure a conviction under CALCRIM No. 1920 for Penal Code § 470a PC, the prosecution must prove each of the following elements beyond a reasonable doubt:

1. Actus Reus (Forbidden Act): The defendant altered, forged, counterfeited, caused to be altered/forged/counterfeited, or knowingly possessed an altered, forged, or fake driver's license or government ID card.

2. Knowledge: If charged under the possession clause, the defendant knew that the driver's license or identification card was fake, altered, or forged.

3. Mens Rea (Specific Intent): The defendant acted with the specific intent that the driver's license or ID card be used to commit or facilitate a forgery, deceive someone, or commit fraud (e.g., cashing a check, passing as another person, or bypassing legal restrictions).

Criminal Penalties for PC 470a

Penal Code § 470a PC is a wobbler offense in California. The prosecutor has the discretion to file the charge as a misdemeanor or a felony based on the severity of the act, financial loss involved, and prior record.

Legal Defense Strategies

• Lack of Intent to Commit Forgery or Fraud: The prosecution must prove specific intent to facilitate a forgery. Merely possessing a fake ID (for example, a college student using a fake ID purely to buy alcohol) typically lacks the legal intent to commit forgery under PC 470a and is usually prosecuted under less severe statutes like Vehicle Code § 13004 VC or PC 470b PC.

• Lack of Knowledge: A defendant cannot be convicted of knowingly possessing a forged ID if they reasonably believed the driver's license was genuine or were unaware the card was in their possession or vehicle.

• Unlawful Search and Seizure (4th Amendment): If law enforcement discovered the forged license during an illegal traffic stop, unlawful pat-down, or warrantless search without probable cause, a defense attorney can file a Motion to Suppress Evidence under PC 1538.5 to dismiss the charges.

Examples of PC 470a Violations

• A person modifies the expiration date and photo on a stolen driver's license using digital editing software to match their appearance and cash fraudulent payroll checks.

• An individual purchases a sophisticated counterfeit California driver's license online containing another real person's personal information with the plan to open fraudulent credit card accounts.

• A suspect alters their own legally issued DMV driver's license by changing the date of birth to pass as an older sibling and bypass bank identity-verification controls.

Related California Laws

Understanding related offenses matters because prosecutors often stack these charges or offer them as reduced plea bargains, depending on the defendant's intent and actions.

• Penal Code § 470b PC – Displaying or Possessing a Fake ID: Applies specifically to displaying or possessing a fake license with the intent that it be used to facilitate misrepresentation of identity.

• Vehicle Code § 13004 VC – Unlawful Acts Regarding Identification Cards: Prohibits altering, possessing, or lending state-issued identification cards without the higher burden of proving specific criminal intent to commit forgery.

• Penal Code § 470 PC – General Forgery: Covers the falsification of legal instruments, contracts, checks, or financial documents to commit fraud.

• Penal Code § 529 PC – False Personation: Makes it a wobbler crime to falsely impersonate another person to expose them to legal liability or obtain a specific benefit.

Frequently Asked Questions (FAQs)

What is the primary difference between PC 470a and PC 470b?

Penal Code 470a focuses on the creation, alteration, or knowing possession of a fake driver's license with the specific intent to commit forgery, whereas PC 470b focuses specifically on the display or possession of a forged ID to facilitate deception.

Can a minor using a fake ID to enter a bar be charged with a felony under PC 470a?

While PC 470a is technically a wobbler, juveniles or young adults using a fake ID strictly for age verification are typically charged with lesser infractions or misdemeanors under Business and Professions Code § 25661 or Vehicle Code § 13004, rather than felony forgery.

Is forging an out-of-state driver's license illegal under California Penal Code § 470a PC?

Yes, PC 470a explicitly applies to driver's licenses and identification cards issued by "any governmental agency," which encompasses other U.S. states, federal agencies, and international government bodies.

Can a felony PC 470a conviction be reduced to a misdemeanor later?

Yes, if a defendant completes felony probation successfully without serving state prison time, a criminal defense attorney can petition the court under Penal Code § 17(b) PC to reduce the felony conviction to a misdemeanor.

How does PC 470a affect immigration status for non-citizens?

Forging or counterfeiting a government driver's license is classified as a crime involving moral turpitude (CIMT) and can trigger severe immigration consequences, including deportability or inadmissibility for non-citizens.

Related Legal Topics

• Possession of Fake ID by a Minor
• Federal Fake Identification Law
• Possess a Fraudulent Public Seal