Business and Professions Code 22430 BPC – Deceptive Identification Documents

California Business and Professions Code 22430 prohibits a person from manufacturing or selling deceptive identification documents such as driver’s licenses, identification cards or passports. The offense can be charged as a misdemeanor or a felony, and carries a sentence of up to 3 years in jail.

The full text of the statute says that:

22430. (a) No deceptive identification document shall be manufactured, sold, offered for sale, furnished, offered to be furnished, transported, offered to be transported, or imported or offered to be imported into this state unless there is diagonally across the face of the document, in not less than 14-point type and printed conspicuously on the document in permanent ink, the following statement:

 NOT A GOVERNMENT DOCUMENT

and, also printed conspicuously on the document, the name of the manufacturer.

(b) As used in this section, “deceptive identification document” means any document not issued by a governmental agency of this state, another state, or the federal government, which purports to be, or which might deceive an ordinary reasonable person into believing that it is, a document issued by such an agency, including, but not limited to, a driver’s license, identification card, birth certificate, passport, or social security card.

(c) Any person who violates or proposes to violate this section may be enjoined by any court of competent jurisdiction. Actions for injunction under this section may be prosecuted by the Attorney General or any district attorney in this state in the name of the people of the State of California upon their own complaint or upon the complaint of any person.

(d) Any person who violates the provisions of subdivision (a) who knows or reasonably should know that the deceptive identification document will be used for fraudulent purposes is guilty of a crime, and upon conviction therefor, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.

Examples

• Wilson makes a fake I.D. for a teenager knowing that he will use it to unlawfully buy beer.
• Kim sells a fake passport to a friend and knows she will use it to commit a crime.
• Darnell drives into California carrying a fake birth certificate with the intent to sell it for money.

Defenses

Luckily, there are several legal defenses that a person can raise if accused of a crime. These include showing that an accused party:

• did not know of any fraudulent purpose,
• was falsely accused, and/or
• was arrested after an unlawful search or seizure.

Penalties

A violation of Business and professions Code 22430 is a wobbler offense under California law. This means it can be charged as either a misdemeanor or a felony.

If charged as a misdemeanor, the crime is punishable by imprisonment in the county jail for up to one year.

If charged as a felony, the offense is punishable by imprisonment in jail for up to three years.

Our California criminal defense attorneys will discuss the following in this article:

• 1. What is prohibited under Business and Professions Code 22430 BPC?
• 2. Are there legal defenses?
  • 2.1. No knowledge of fraud
  • 2.2. Falsely accused
  • 2.3. Unlawful search or seizure
• 3. Penalties, punishment, and sentencing
• 4. Related offenses
  • 4.1. Failure to report by a pawnbroker – BPC 21628
  • 4.2. Having a fake driver’s license or I.D. card – PC 470b
  • 4.3. False advertising – BPC 17500

1. What is prohibited under Business and Professions Code 22430 BPC?

California Business and Professions Code 22430 BPC is the California statute that makes it a crime for a person to manufacture or sell deceptive identification documents.¹

A prosecutor must prove two things to successfully convict a defendant under this statute. These are that the accused:

1. manufactured, sold, furnished, transported, or imported into California a deceptive identification document, and
2. knew, or should have known, that the document would be used for fraudulent purposes.²

Examples of a “deceptive identification document” include a:

• driver’s license,
• identification card,
• birth certificate,
• passport, and
• social security card.³

2. Are there legal defenses?

Three common defenses to this section are:

1. no knowledge of fraud,
2. falsely accused, and/or,
3. unlawful search or seizure.

2.1. No knowledge of fraud

Please recall that for a defendant to be guilty under this statute, a prosecutor must prove that he knew the I.D. document was to be used for a fraudulent purpose. Therefore, a solid legal defense is for an accused to show that he did not have this knowledge.

2.2. Falsely accused

Unfortunately, it is not at all uncommon for people to get prosecuted based on false allegations. People get falsely accused out of

• jealousy,
• revenge, and
• anger.

Thus, it is a valid defense for a defendant to say that a party falsely accused him of violating BPC 22430.

2.3. Unlawful search or seizure

The Fourth Amendment to the U.S. Constitution declares that we have the right to be free from unreasonable “searches and seizures” by law enforcement. If authorities obtain evidence from an unreasonable, or unlawful search and seizure, then that evidence can get excluded from a criminal case. This means that any charges in the case could get reduced or even dismissed.

3. Penalties, punishment, and sentencing

A violation of Business and professions Code 22430 is a wobbler offense under California law. This means it can be charged as either a misdemeanor or a felony.

If charged as a misdemeanor, the crime is punishable by imprisonment in the county jail for up to one year.⁴

In lieu of imprisonment, a judge has the discretion to impose misdemeanor probation.

If charged as a felony, the offense is punishable by custody in jail for up to three years.⁵

In lieu of imprisonment, a judge has the discretion to impose felony, or formal, probation.

4. Related offenses

There are three crimes related to making or selling deceptive identification documents. These are:

1. failure to report by a pawnbroker – BPC 21628
2. having a fake driver’s license or I.D. card – PC 470b and,
3. false advertising – BPC 17500.

4.1. Failure to report by a pawnbroker – BPC 21628

Business and Professions Code 21628 is the California statute that makes it a crime if a pawnbroker fails to comply with certain reporting requirements. These requirements apply to any property that the pawnbroker buys, trades, or receives.⁶

A violation of BPC 21628 is charged as a misdemeanor. The crime is punishable by imprisonment in the county jail for up to six months.

4.2. Having a fake driver’s license or I.D. card – PC 470b

California Penal Code 470b PC makes it a crime for a person to either display or possess a fake identification card with the intent to use that fake ID to commit a forgery.⁷

“Intent to use a fake ID to commit a forgery” means an intent to use the ID to commit fraud – that is, deceive another person, in order to cause loss or damage to a legal, financial, or property right.

A violation of PC 470b is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony.

If charged as a misdemeanor, the crime is punishable by imprisonment in the county jail for up to one year.

If charged as a felony, the offense is punishable by imprisonment for up to three years.

4.3. False advertising – BPC 17500

California Business and Professions Code 17500 BPC is the California statute that makes false advertising a crime.

A person or company that violates BPC 17500 is guilty of a misdemeanor.⁸ The offense is punishable by:

• imprisonment in the county jail for up to six months; and/or,
• a fine not to exceed $2,500.⁹

For additional assistance…

If you or someone you know has been accused of a crime under Business and Professions Code 22430 BPC, we invite you to contact us for a free consultation. We can be reached 24/7.

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