Copying a Military ID Is a Federal Crime - And Notaries Shouldn't Have to Learn That the Hard Way
If you've ever received signing instructions that included language like "please obtain a copy of the signer's driver's license, passport, or military ID for verification," you may have accepted it at face value. After all, the instruction came from a title company. Professionals. People who do this every day.
Here's the problem: following that instruction could land you (the notary) in federal legal jeopardy.
The Law Is Clear (Even If the Industry Isn't)
Under 18 U.S.C. § 701, it is a federal crime to reproduce, photograph, or otherwise copy any military identification card, badge, insignia, or other credential, in any form, color or black and white, digital or physical. The penalties include a fine, up to six months in federal prison, or both.
This isn't an obscure technicality buried in legal fine print. It's a straightforward federal statute that's been on the books for decades. And it applies to anyone who makes that copy, including a notary acting on instructions from a hiring party.
Multiple times this year, I have seen language from various title companies implying that a military ID copy was an acceptable or expected form of identity verification. The instructions were well-intentioned. But they were wrong. And if I had followed them without flagging the issue, I would have been the one holding the bag.
What Notaries Learn That Title Companies Sometimes Don't
Notary training, real, comprehensive training, covers identity verification in detail. The National Notary Association and programs like Notary Stars spend significant time on this topic because verifying identity is one of the most legally consequential things a notary does. We learn which IDs are acceptable, what constitutes satisfactory evidence of identity, and what we absolutely cannot do.
Copying a military ID is one of the clearest "cannot do" items in that curriculum.
The challenge is that the professionals coordinating these signings (loan officers, title company staff, signing services) are experts in real estate transactions, not notarial law. They're working from internal checklists and procedures that may have been written without awareness of this statute. The gap isn't malice. It's a training and communication divide between two distinct professional worlds.
The Accountability Gap No One Talks About
Here's the part that deserves an honest conversation: when a notary acts on bad instructions and something goes wrong, the notary holds the professional and legal liability.
If I had photocopied a military ID because a title company told me to, and a federal complaint was filed, the title company's instruction would offer me limited protection. My notary commission, my E&O insurance, my professional reputation, those are mine to protect. The agency that gave me the bad direction is largely insulated from the downstream consequences of my action.
This isn't unique to the military ID issue. It's the structural reality of the notary's role. We are independent actors operating under state law and individual commissions. That independence is valuable - it's what makes our signatures meaningful. But it also means we cannot outsource our judgment to the hiring party.
When an instruction conflicts with state or federal law, the notary is responsible for knowing the difference and acting accordingly.
What Good Looks Like
None of this is an indictment of the title industry. The vast majority of title companies, lenders, and signing services I've worked with are professional, thorough, and genuinely care about doing things right. But every industry has blind spots, and this one is worth naming.
For title companies and lenders: please review your identity verification language with your legal teams, particularly around military ID. The solution isn't complicated. Acceptable alternatives include government-issued photo IDs not restricted under federal law, plus in cases where the primary ID is a military credential, a second form of ID or credible witnesses as provided under your state's notarial statutes.
For notaries: when you receive instructions that don't pass your professional smell test, you have both the right and the obligation to push back. A quick, professional message, "I want to flag that copying a military ID raises a concern under 18 U.S.C. § 701; here's how I'd like to handle identity verification at this signing", is not difficult, and it protects everyone.
The Bottom Line
The notary's job is to follow the law, not the instructions. When those two things align, and they usually do, the signing goes smoothly. When they don't, it's the notary who has to hold the line.
If you've been trained properly, you already know this. If you're a title company or lender reading this, I hope it's useful context rather than a criticism. And if you're a notary who's received instructions that made you uncomfortable, I'd love to hear about it.
Have questions about identity verification requirements at your next signing — or looking for a notary in the South St. Louis area who knows the rules cold? Reach out to Swift Key Notary. I'm always happy to talk through the specifics. #NotaryPublic #LoanSigningAgent #TitleIndustry #NotaryLaw #IDVerification #FederalLaw #MissouriNotary
Comments