(a) Offense defined.--A person commits a summary offense for a first violation and a misdemeanor of the third degree for any subsequent violation if he, being under 21 years of age, possesses an identification card falsely identifying that person by name, age, date of birth or photograph as being 21 years of age or older or obtains or attempts to obtain liquor or malt or brewed beverages by using the identification card of another or by using an identification card that has not been lawfully issued to or in the name of that person who possesses the card.
(b) Minimum penalty.--A person who is convicted of violating subsection (a) shall be sentenced to pay a fine of not more than $500 for the second and subsequent violations. No court shall have the authority to suspend any sentence as defined in this section.
(c) Adjudication of delinquency.--In addition to any other disposition authorized by law, a person adjudicated delinquent under subsection (a) may be ordered to pay a fine not exceeding $500 for an adjudication of delinquency.
(d) Preadjudication disposition.--
(1) When a person is charged with violating subsection (a), the court may admit the offender to the adjudication alternative as authorized in 42 Pa.C.S. § 1520 (relating to adjudication alternative program) or any other preadjudication disposition if the offender has not previously received a preadjudication disposition for violating subsection (a).
(2) The use of a preadjudication disposition shall be considered a first or subsequent offense, whichever is applicable, for the purpose of further adjudication under this section or under section 6310.4.
(e) Notification.--The police department making an arrest for a suspected violation of subsection (a) shall so notify the parents or guardian of the minor charged.
(Mar. 25, 1988, P.L.262, No.31, eff. 60 days; Oct. 24, 2018, P.L.659, No.95, eff. 180 days)
2018 Amendment. Act 95 amended subsec. (b).
1988 Amendment. Act 31 added section 6310.3.
References in Text. 18 Pa.C.S. § 6310.4, referred to in subsec. (d)(2), was repealed by the act of October 24, 2018 (P.L.659, No.95).
Cross References. Section 6310.3 is referred to in sections 6310.5, 6310.6, 6313 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 18 - CRIMES AND OFFENSES
Section 6301 - Corruption of minors
Section 6302 - Sale or lease of weapons and explosives
Section 6303 - Sale of starter pistols
Section 6304 - Sale and use of air rifles
Section 6305 - Sale of tobacco products
Section 6306 - Furnishing cigarettes or cigarette papers (Repealed)
Section 6306.1 - Use of tobacco products in schools prohibited
Section 6307 - Misrepresentation of age to secure liquor or malt or brewed beverages
Section 6308.1 - Safe harbor for violation of section 6308(a)
Section 6309 - Representing that minor is of age
Section 6310 - Inducement of minors to buy liquor or malt or brewed beverages
Section 6310.1 - Selling or furnishing liquor or malt or brewed beverages to minors
Section 6310.2 - Manufacture or sale of false identification card
Section 6310.3 - Carrying a false identification card
Section 6310.4 - Restriction of operating privileges (Repealed)
Section 6310.5 - Predisposition evaluation
Section 6310.7 - Selling or furnishing nonalcoholic beverages to persons under 21 years of age
Section 6311 - Tattooing and body piercing
Section 6312 - Sexual abuse of children
Section 6313 - Special information
Section 6314 - Sentencing and penalties for trafficking drugs to minors
Section 6315 - Selling or furnishing butane to minors
Section 6316 - Selling or furnishing certain stimulants to minors
Section 6317 - Drug-free school zones
Section 6318 - Unlawful contact with minor
Section 6319 - Solicitation of minors to traffic drugs
Section 6320 - Sexual exploitation of children
Section 6321 - Transmission of sexually explicit images by minor