Virginia criminal charge
Fraudulent use of birth certificates, etc in Virginia
Fraudulent use of birth certificates, etc is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-204.1. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-204.1.
What is the penalty for fraudulent use of birth certificates, etc in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Obtaining/possessing fictitious or another's birth certificate for false identity — A person obtains or possesses a fictitious birth certificate or another person's birth certificate for the purpose of establishing a false identity for himself.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Obtaining/possessing fictitious or another's birth certificate for false identity — A person obtains or possesses a fictitious birth certificate or another person's birth certificate for the purpose of establishing a false identity for himself.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (Manufacturing, selling, or transferring fictitious or another's birth certificate for false identity — A person manufactures, sells, or transfers a fictitious birth certificate or another person's birth certificate for the purpose of establishing a false identity for himself or another.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Manufacturing, selling, or transferring fictitious or another's birth certificate for false identity — A person manufactures, sells, or transfers a fictitious birth certificate or another person's birth certificate for the purpose of establishing a false identity for himself or another.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | up to 12 months (Fraudulent use of documents for false status/occupation/membership/license/identity — A person obtains, possesses, sells, or transfers any document (other than as covered in subsection A) for the purpose of establishing a false status, occupation, membership, license, or identity for himself or another.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Fraudulent use of documents for false status/occupation/membership/license/identity — A person obtains, possesses, sells, or transfers any document (other than as covered in subsection A) for the purpose of establishing a false status, occupation, membership, license, or identity for himself or another.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (Use of birth certificate or document to purchase a firearm — A person obtains, possesses, sells, or transfers a birth certificate or document with the intent that it be used to purchase a firearm.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Use of birth certificate or document to purchase a firearm — A person obtains, possesses, sells, or transfers a birth certificate or document with the intent that it be used to purchase a firearm.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is fraudulent use of birth certificates, etc classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Obtaining/possessing fictitious or another's birth certificate for false identity | Class 1 Misdemeanor | A person obtains or possesses a fictitious birth certificate or another person's birth certificate for the purpose of establishing a false identity for himself. | Va. Code Ann. § 18.2-204.1A |
| Manufacturing, selling, or transferring fictitious or another's birth certificate for false identity | Class 6 Felony | A person manufactures, sells, or transfers a fictitious birth certificate or another person's birth certificate for the purpose of establishing a false identity for himself or another. | Va. Code Ann. § 18.2-204.1A |
| Fraudulent use of documents for false status/occupation/membership/license/identity | Class 1 Misdemeanor | A person obtains, possesses, sells, or transfers any document (other than as covered in subsection A) for the purpose of establishing a false status, occupation, membership, license, or identity for himself or another. | Va. Code Ann. § 18.2-204.1B |
| Use of birth certificate or document to purchase a firearm | Class 6 Felony | A person obtains, possesses, sells, or transfers a birth certificate or document with the intent that it be used to purchase a firearm. | Va. Code Ann. § 18.2-204.1C |
Common questions about fraudulent use of birth certificates, etc in Virginia
Is fraudulent use of birth certificates, etc a felony or a misdemeanor in Virginia?
It depends on the circumstances: fraudulent use of birth certificates, etc ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-204.1.
Obtaining/possessing fictitious or another's birth certificate for false identity: class 1 misdemeanor (Va. Code Ann. § 18.2-204.1A) · Manufacturing, selling, or transferring fictitious or another's birth certificate for false identity: class 6 felony (Va. Code Ann. § 18.2-204.1A) · Fraudulent use of documents for false status/occupation/membership/license/identity: class 1 misdemeanor (Va. Code Ann. § 18.2-204.1B) · Use of birth certificate or document to purchase a firearm: class 6 felony (Va. Code Ann. § 18.2-204.1C)
What are the penalties for fraudulent use of birth certificates, etc in Virginia?
Which Virginia statute covers fraudulent use of birth certificates, etc?
Fraudulent use of birth certificates, etc is governed by Va. Code Ann. § 18.2-204.1 (Fraudulent use of birth certificates, etc.; penalty).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.