Charged With Making or Selling Fake IDs? A Minnesota Lawyer Breaks Down the Serious Penalties Under Statute § 609.652
You’re in a situation you never imagined. You’ve been charged under Minnesota’s fraudulent ID statute, and this is far more serious than a simple fake ID possession ticket. The police and the prosecutor aren’t treating you like a kid trying to get into a bar; they are treating you like a criminal manufacturer and distributor. The charges against you—involving possession of printers, software, or multiple fraudulent documents—suggest you’re running a criminal enterprise. You might have just been helping out some friends, trying to make some extra cash, or maybe you’ve been wrongly accused entirely. Now you’re facing a gross misdemeanor or even a felony charge that carries the threat of jail time, huge fines, and a permanent criminal record that could derail your entire life.
You do not have to face this fight alone. I am a Minnesota criminal defense attorney who understands exactly what is at stake when you’re charged with a crime like this. I have defended clients against serious criminal allegations in courtrooms across the state, from Hennepin and Ramsey County to the college towns of Duluth and St. Cloud, and in suburbs like Eagan, Plymouth, and Maple Grove. I know that the government will try to paint you as a sophisticated criminal. My job is to tell your side of the story, to challenge the state’s evidence at every turn, and to fight for your future. This is not a charge you can take lightly, and with a powerful defense, it is a charge you can overcome.
What a Fraudulent ID Charge Actually Means in Minnesota
Being charged under Minnesota Statute § 609.652 is fundamentally different from being a teenager caught with a single fake ID. This law specifically targets the supply side of fraudulent documents. The state is not just accusing you of possessing a fake ID; they are accusing you of being in the business of creating and selling them. To secure a conviction, the prosecutor must prove you were involved in the manufacture or sale of more than one fraudulent license or ID card and that you did so for consideration—meaning for some form of payment or value. This is what makes a Minnesota charge for fraudulent driver’s licenses so serious.
A facing this accusation means the state believes they have evidence that you possessed the tools of the trade—special printers, computer software, blank cards—or that you were caught with multiple fake IDs with the intent to sell them. They are alleging you crossed the line from user to supplier. Scenarios that lead to these charges often involve a student making IDs for others in their dorm, someone selling fake IDs online, or being found with the equipment used to produce these documents. The entire case hinges on proving you intended to run a commercial operation, no matter how small.
Minnesota Law on Fraudulent Driver’s Licenses — Straight from the Statute
The legal framework for the charge against you is laid out in Minnesota Statute § 609.652. This is the exact law the state will use to try and convict you. Understanding its precise language is the first step in building your defense, as every phrase—from “for consideration” to “more than one”—is an element the prosecutor must prove and a potential weak point in their case.
Here is the specific language of the law:
609.652 FRAUDULENT DRIVERS’ LICENSES AND IDENTIFICATION CARDS; PENALTY.
Subd. 2. Criminal acts. (a) A person who does any of the following for consideration and with intent to manufacture, sell, issue, publish, or pass more than one fraudulent driver’s license or identification card…is guilty of a crime:
(1) has in control, custody, or possession any plate, block, press, stone, digital image, computer software program, encoding equipment, computer optical scanning equipment, or digital photo printer, or other implement…designed to assist in making a fraudulent driver’s license or identification card;
(2) engraves, makes, or amends…any plate, block, press, stone, or other implement for the purpose of producing a fraudulent driver’s license or identification card;
(3) uses a photocopier, digital camera, photographic image, or computer software to generate a fraudulent driver’s license or identification card;
(4) has in control, custody, or possession or makes or provides paper or other material adapted and designed for the making of a fraudulent driver’s license or identification card; or
(5) prints, photographs, or in any manner makes or executes an engraved photograph, print, or impression purporting to be a driver’s license or identification card.
(b) …a person who manufactures or possesses more than one fraudulent driver’s license or identification card with intent to sell is guilty of a crime.
Subd. 3. Penalties. A person who commits any act described in subdivision 2 is guilty of a gross misdemeanor. A person convicted of a second or subsequent offense of this subdivision may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
Breaking Down the Legal Elements of Fraudulent ID Manufacturing in Minnesota
For the state to find you guilty, they can’t just show you had a fake ID. They must prove a very specific set of facts beyond a reasonable doubt. Each of these facts is a legal “element” of the crime. If we can create reasonable doubt about even one single element, the prosecutor’s case against you fails. Building a strong defense means taking a scalpel to the state’s case and showing the court exactly where the evidence falls short of this incredibly high burden of proof.
- For ConsiderationThis is a critical element. The prosecutor must prove that you manufactured or intended to sell the fraudulent IDs in exchange for something of value. This doesn’t have to be cash; it could be goods, services, or any other form of payment. If you made IDs for your friends for free, as a favor, this element is missing. The state must provide evidence of a transaction—that you were running a business, not just helping people out. Without proof of consideration, this specific charge cannot stick.
- Intent to Manufacture or Sell More Than OneThis statute is designed to punish distribution, not personal use. The state must prove that your intent was to create or pass more than one fraudulent ID. Evidence of this could include possessing multiple finished fake IDs, a list of “customers,” or communications discussing the creation of multiple documents. If the evidence only points to a single fraudulent ID, you cannot be convicted under this statute, though you could still face lesser charges under a different law.
- Possession of Tools and ImplementsA key part of this statute involves possessing the equipment used to make fraudulent documents. The state must prove that you had control over items like specialized printers, scanners, computer software, or blank cards and that these items were specifically “designed to assist in making a fraudulent driver’s license.” Simply owning a high-quality printer is not a crime; the state must connect the equipment to the specific criminal purpose of manufacturing fake IDs.
- Second or Subsequent OffenseThis element is what elevates the crime from a gross misdemeanor to a life-altering felony. To secure a felony conviction, the state must first prove all the elements of the underlying crime, and then they must prove that you have a prior conviction under this same statute. This prior conviction is a historical fact that the prosecutor must formally prove to the court. If they cannot prove the prior conviction, you cannot be sentenced as a felon.
Penalties for a Fraudulent ID Conviction in Minnesota Can Be Severe
You must understand that a charge under this statute is, at a minimum, a gross misdemeanor, a serious crime that is just one step below a felony. The penalties are significant and designed to deter anyone from entering the business of creating fake IDs. Furthermore, the law includes a severe enhancement that turns a second offense into a felony, dramatically increasing the potential punishment and the long-term consequences. The Minnesota sentencing for this crime reflects how seriously the state takes the manufacturing of fraudulent documents.
Gross Misdemeanor (First Offense)
If this is your first time being convicted under this statute, you will be found guilty of a gross misdemeanor. The potential penalties are significant and can include:
- Up to 364 days in jail.
- A fine of up to $3,000.
- Both jail time and a fine, as well as a lengthy period of probation.
Felony (Second or Subsequent Offense)
If you have a prior conviction under this same statute, the charge is elevated to a felony. This is a massive increase in severity with life-altering consequences. The penalties for a felony conviction include:
- Up to 5 years in prison.
- A fine of up to $10,000.
- Both prison time and a fine.
What Fraudulent ID Manufacturing Looks Like in Real Life — Common Scenarios in Minnesota
These charges often arise in environments where there is a high demand for fake IDs, like college campuses or communities with large populations of young adults. The state will portray the situation as a calculated criminal operation, but it often starts small and grows out of what seems like a harmless idea. These are not abstract crimes; they are real situations that happen to people across Minnesota.
The College Dorm Operation in Minneapolis
You’re a student at the University of Minnesota in Minneapolis with some graphic design skills. A friend asks you to make them a fake ID to get into Dinkytown bars. You do a good job, and soon, word gets around your dorm. You start making IDs for other students for $50 each. A resident advisor gets suspicious and reports it. When the police search your room, they find a high-quality printer, laminating supplies, and a list of names. You are now facing gross misdemeanor charges for manufacturing fraudulent IDs for consideration.
The Online Seller in Duluth
You live in an apartment in Duluth and figure out you can buy passable fake IDs from an overseas website and resell them online to people in Minnesota for a profit. You place a bulk order for 20 fraudulent Minnesota licenses. The package is intercepted by Customs and Border Protection, who alert local law enforcement. You are arrested and charged with possessing more than one fraudulent ID with the intent to sell, a gross misdemeanor.
The Repeat Offender in St. Cloud
A few years ago, you were convicted of a gross misdemeanor for making and selling fake IDs to students near St. Cloud State University. You served your probation and thought it was behind you. Now, struggling for money, you decide to start up again. An undercover officer responds to an online ad and arranges to buy two fake IDs from you. When you are arrested, the prosecutor sees your prior conviction. You are now facing a felony charge with a potential five-year prison sentence.
The Construction Site Case in Rochester
You work on a construction site in Rochester with a number of undocumented workers. To help them obtain work, you use your computer skills to create fake permanent resident cards or other identification documents, charging a fee for your services. Even though your intent might have been to help people find work, you are manufacturing and selling fraudulent identification documents for consideration, a clear violation of the statute that could lead to serious gross misdemeanor or felony charges.
Legal Defenses That Might Work Against Your Fraudulent ID Charge
When you’re facing a charge as serious as this, it can feel like the evidence is insurmountable, especially if the police found equipment or multiple IDs in your possession. But an arrest is not a conviction. The state carries the heavy burden of proof, and a skilled defense attorney knows how to challenge their case from every angle. My approach is to meticulously dissect the state’s evidence, uncover violations of your constitutional rights, and expose the reasonable doubt that the prosecution wants to ignore. A strong defense strategy is your best and only weapon.
Building a winning defense requires a deep understanding of this specific statute and an aggressive, creative approach. We will explore every possible avenue to protect you, from challenging the intent behind your actions to questioning the legality of the investigation itself. There are many effective defenses to fight fraudulent ID charges in Minnesota. The goal is to get your case dismissed, negotiate a favorable resolution, or win a full acquittal at trial.
Lack of Intent to Sell or Manufacture “More Than One”
This defense strikes at the heart of the statute, which is designed to punish commercial activity. If your intent was not commercial, this charge may not apply.
- Personal or Novelty Use: Perhaps you were creating fantasy or novelty IDs for a game or a film project, or you made one for yourself and a friend with no plan to produce any more. We can argue that your actions, while perhaps ill-advised, do not fit the “more than one with intent to sell” requirement of this serious criminal statute.
- No Proof of a Larger Operation: The state may have found two or three fake IDs but has no other evidence—no customer lists, no online ads, no testimony from buyers—to prove your intent was to sell them. We can argue that mere possession of a small number of fraudulent documents does not automatically prove a commercial intent.
Not “For Consideration”
The statute explicitly requires that your actions were done “for consideration.” If the state cannot prove you received payment or something of value, a key element of the crime is missing.
- Done as a Favor: You may have made a couple of IDs for close friends but never asked for or received any payment. If you were not profiting from the activity, we can argue that this was not a commercial enterprise and does not fall under this statute. This can be a powerful defense to negate the charge.
- Lack of Evidence of Payment: The state’s case may be entirely circumstantial. They might not have any financial records, witness testimony, or undercover buy money to prove that any transaction ever took place. We will challenge them to produce concrete evidence of consideration.
Illegal Search and Seizure
The evidence against you—the computers, printers, software, and IDs—must have been obtained legally. If the police violated your Fourth Amendment rights, we can have the evidence thrown out.
- Warrantless Search: Did police search your home, your car, or your computer without a valid search warrant? Unless a clear exception to the warrant requirement applies (like consent or plain view), any evidence they found is inadmissible in court. A successful motion to suppress this evidence can destroy the prosecutor’s case.
- Defective Warrant: Even if police had a warrant, it may have been legally flawed. The warrant application might have lacked probable cause, or the warrant itself might have been overly broad, allowing police to search for items they had no right to look for. We will scrutinize the warrant and the entire process to find any constitutional violations.
Mistaken Identity or False Accusation
You may have been wrongfully accused. In situations with multiple roommates or shared computers, it can be difficult for the state to prove who was actually responsible for the criminal activity.
- Another Person is Responsible: If you live with roommates, a friend or roommate may have been using your computer and printer to make the fake IDs without your knowledge or consent. We can work to show that you were unaware of the activity and that another person is the true culprit.
- False Accusation: In some cases, a person may falsely accuse you to settle a score or to deflect blame from themselves. We will investigate the credibility and motives of any witnesses against you to expose potential lies or biases to the court.
Minnesota Fraudulent ID FAQs — What You Need to Know Now
When you’re charged with a crime like manufacturing fake IDs, you’re bound to have a million questions. You need clear, direct answers to help you understand the legal battle ahead. Here are some of the most common questions I hear from clients facing charges under this statute.
Will I go to jail for this crime in Minnesota?
Yes, jail time is a real possibility. A first offense is a gross misdemeanor, which carries up to a year in jail. A second offense is a felony, with a potential five-year prison sentence. However, an experienced attorney can often negotiate alternatives to incarceration, such as probation, especially on a first offense. My primary goal is always to protect your freedom.
Can a fraudulent ID manufacturing charge be dismissed?
Absolutely. A dismissal is the best possible outcome and is always what I aim for. A case can be dismissed if we can show the state lacks sufficient evidence (e.g., they can’t prove it was “for consideration”), if the police conducted an illegal search, or if we can prove you didn’t have the required criminal intent.
Do I need a lawyer for this charge in Minneapolis?
Yes, without question. This is a serious gross misdemeanor or felony charge, not a simple ticket. The prosecutors in Minneapolis and Hennepin County are aggressive and will seek a conviction. You need a defense attorney who understands this specific statute, knows the local court system, and is prepared to build a powerful defense on your behalf. Going it alone is a risk you cannot afford to take.
How long will this stay on my record if convicted?
A gross misdemeanor or felony conviction will stay on your public criminal record permanently unless you are able to get it expunged. This can be a major barrier to getting a good job, finding housing, or obtaining a professional license. This is why fighting the charge from the very beginning is so critical.
What’s the difference between this and just possessing a fake ID?
This statute (§ 609.652) targets the commercial manufacturing and sale of fake IDs. It’s about being the supplier. Simple possession or use of a fake ID (for example, by a minor to buy alcohol) is typically charged as a misdemeanor under a different statute, like § 171.22. This charge is far more serious.
What if I was just making them for my friends for free?
This could be a complete defense to this specific charge. The statute requires that the acts be done “for consideration.” If you didn’t receive any payment or anything of value, the state cannot prove a key element of the crime, and the charge should be dismissed.
How does the state prove my “intent to sell”?
They can use various forms of evidence. This could include text messages or online chats discussing sales, a list of “clients” and prices, possession of a large number of finished fake IDs, or testimony from an undercover officer or a person who bought an ID from you. We would work to challenge the reliability and interpretation of this evidence.
What if I have a prior conviction for this? What does that mean?
A prior conviction is a game-changer. It elevates a new charge from a gross misdemeanor to a felony, increasing the maximum prison sentence from one year to five years. The prosecutor will use this prior conviction to argue for a much harsher sentence. It makes fighting the new charge even more critical.
What if the IDs I made were obviously fake and just for fun?
This could be a defense against the “intent” element. If the documents were clearly novelty items and not designed to pass as authentic government-issued ID, we can argue you lacked the intent to create a “fraudulent driver’s license” as defined by the law.
The police took my computer. Can I get it back?
If the computer is considered evidence in a criminal case, it will be held by law enforcement until the case is fully resolved. If you are acquitted or the charges are dismissed, we can file a motion to have your property returned. If you are convicted, it could be subject to forfeiture as an implement used in the crime.
What is a “gross misdemeanor” in Minnesota?
A gross misdemeanor is a category of crime more serious than a misdemeanor but less serious than a felony. It carries a maximum penalty of 364 days in jail and/or a $3,000 fine. It is a serious criminal offense that creates a permanent criminal record.
Can this charge affect my immigration status?
Yes. A conviction for a crime involving fraud can have severe immigration consequences, even if it’s a gross misdemeanor. For non-citizens, it could lead to deportation, prevent re-entry into the U.S., and be a bar to obtaining a green card or citizenship. A felony conviction is even more devastating.
Does this law apply to making other kinds of fake IDs?
The statute specifically refers to a “driver’s license or identification card” issued by a state. While creating other types of fake IDs (like a fake student ID) could be illegal under other forgery statutes, this specific law and its penalties are aimed at fraudulent government-issued identification.
What if the police entrapped me?
Entrapment is a valid legal defense, but it can be difficult to prove. It requires showing that the police induced you to commit a crime that you were not otherwise predisposed to commit. If an undercover officer relentlessly pressured you into making fake IDs when you had no intention of doing so, we could raise this defense.
What is the very first step I should take?
Your first and most important step is to call an experienced Minnesota criminal defense attorney immediately. Do not speak to the police. Do not wait for your court date. The sooner you have a lawyer on your side, the more we can do to protect your rights and start building the strong defense you need.
What a Conviction Could Mean for the Rest of Your Life
A conviction for manufacturing fraudulent IDs is not something that just goes away. It creates a permanent criminal record that can haunt you for the rest of your life, limiting your opportunities and branding you as untrustworthy. The consequences of a gross misdemeanor are serious, and the consequences of a felony are catastrophic. We are fighting to protect you from this future.
A Criminal Record That Blocks Employment
A conviction for a crime of fraud or dishonesty is a major red flag for employers. A gross misdemeanor, and especially a felony, will show up on background checks and can disqualify you from a wide range of jobs, particularly in fields that require trust, security clearance, or professional licensing. Your career ambitions could be permanently stalled before they even begin.
Loss of Housing and Educational Opportunities
Finding a place to live can become incredibly difficult. Landlords and property management companies frequently run background checks and can deny your rental application based on a criminal conviction. A conviction can also jeopardize your ability to get student loans, grants, or even admission to certain colleges and universities, limiting your educational future.
Severe Consequences for a Second Offense (Felony)
If you are convicted of a second offense, you become a felon. This carries a whole new set of devastating collateral consequences. In Minnesota, a felony conviction means you lose your right to vote until you are off probation, and you permanently lose your right to own or possess a firearm. The mark of a felon is incredibly difficult to overcome.
Immigration Disaster
For any non-U.S. citizen, a conviction for a crime involving fraud is a legal nightmare. A gross misdemeanor can create serious problems, but a felony conviction can make deportation almost certain. It will be a permanent bar to ever becoming a U.S. citizen and can prevent you from re-entering the country if you travel abroad. The stakes are incredibly high.
Why You Need a Tough, Experienced Minnesota Criminal Defense Attorney
When you are facing a charge as serious as manufacturing fraudulent IDs, with the threat of a felony enhancement, you cannot afford to gamble with your future. You need a dedicated, private criminal defense lawyer who will make your case a top priority and fight for you every step of the way. The quality of your legal representation is the single most important factor that will determine the outcome of your case.
The Power of a Dedicated Private Lawyer
Unlike a public defender who may be overwhelmed with hundreds of cases, my focus is on you. As your private attorney, I have the time, the resources, and the unwavering commitment to conduct a deep and thorough investigation into your case. I will personally handle every detail, from challenging the legality of the police search to preparing a powerful trial strategy. You are not just a case file; you are my client, and your future is my mission.
How Acting Immediately Can Change Everything
The most critical time in your defense is right now. By hiring an attorney as soon as you are charged or become aware of an investigation, you give us the chance to act proactively. We can work to preserve crucial evidence, interview witnesses before their memories fade, and engage with the prosecutor from a position of strength. Early intervention can sometimes lead to charges being reduced or never even filed. Don’t wait—your best defense starts today.
Master of the Local Minnesota Courts
Winning a criminal case requires more than just knowing the law; it demands knowledge of the local legal environment. I have defended clients in courtrooms all across Minnesota. I know the judges, the prosecutors, and the local procedures in Hennepin County, Ramsey County, and throughout the state. I understand how to tailor a legal argument to be most persuasive to the specific court and prosecutor you are facing. This local experience is a priceless strategic advantage.
A Relentless Commitment to Getting Results
My philosophy is to prepare every case for a battle in the courtroom. This intense preparation for trial shows the prosecutor that you are not afraid to fight and will not be pushed into an unfair deal. It is this aggressive, trial-ready posture that creates leverage and leads to the best possible results. Whether it’s a full dismissal of the charges, a favorable plea bargain to a lesser offense, or a “not guilty” verdict from a jury, our relentless preparation is what puts you in the strongest position to win.