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VERIFY: What is the law surrounding fake vaccine cards?

Vaccination cards are becoming the key to getting into events or businesses, and we keep getting questions about "fake" vaccination cards.

BUFFALO, N.Y. — Everything from Bills, Sabres and UB games, to shows at Shea's and even some restaurants and stores are now requiring proof of vaccination.

2 On Your Side keeps hearing a lot of questions about "fake" vaccination cards, what the law has to say about them and the potential punishment.

So we turned to our VERIFY team.

THE QUESTION

What happens if you are caught with a fake vaccine card?

THE SOURCES

Erie County District Attorney John Flynn

US Code and Attorney Gary Muaney

THE ANSWER

Yes, buying or selling a fake vaccination card could land you in federal prison in addition to potential state charges. 

WHAT WE FOUND

In terms of a state offense, DA Flynn says someone with a fake vaccine card could be charged with Criminal Possession of a Forged Instrument in the Second Degree. That's a Class "D" felony, so someone convicted could face up to 7 years in prison.

New York State's attorney general Letitia James has weighed in on this as well. She's asked anyone who thinks they might be a victim of a COVID vaccination card scam to call her office at 1-800-771-7755.

On the federal side of things, the FBI shared a PSA this year that explains how Title 18 of the U-S Code, Section 10-17 stipulates you cannot fraudulently use the seal of any US government agency - and if you do, you could face up to 5 years in prison.

Attorneys tell us this would be handled on a case by case basis and that much prison time is unlikely.

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