Are Fake COVID-19 Vaccination Cards a Crime?

Published for NC Criminal Law on August 10, 2021.

Like a growing number of schools, hospitals, businesses, and other organizations around the country, UNC announced last week that all students and employees returning to campus would be required either to provide proof that they have been vaccinated against COVID-19 or agree to participate in weekly testing for the virus. For an update on other entities that are currently implementing similar mandates, their legal authority for taking such steps, and the status of some early court challenges to these measures, Jill Moore's recent civil blog post on those topics is a great resource. Rather than getting vaccinated or agreeing to be tested, some people have resorted to purchasing and submitting fake vaccination cards to their school or employer. Organizations like UNC have their own disciplinary procedures to address this kind of noncompliance or fraud, but I've had several people ask me recently whether it's also a crime to possess or use one of these fake cards under North Carolina law, and if so what's the offense? Possessing or using a fraudulent COVID-19 vaccination card can be a crime under federal law or the laws of some other states, and there have been a handful of prosecutions for violations of those statutes. Under North Carolina law, it's less clear to me that the possession of such a card, standing alone, would be a crime -- but submitting or using the card for a fraudulent purpose might be. Violation of Federal Law There are at least two different federal laws that may be [...]