Creating or carrying a fake vaccination card in Delaware could result in up to two years in prison under a new bill introduced on Thursday.
The legislation by Rep. Paul Baumbach would add creating or possessing counterfeit vaccination cards to the list of things that qualify as a crime of second-degree forgery, which is a class G felony that can result in up to two years in prison.
The bill includes electronic vaccine documents in this definition and does not specify that the documents must pertain specifically to a COVID-19 vaccine to be a crime.
Forging fake vaccine cards is already chargeable at the state level either as forgery or tampering with public records, which can either be misdemeanors or felonies depending on the severity of the crime, according to Delaware Department of Justice spokesperson Mat Marshall.
The bill comes after a Lewes-area paramedic was charged with a federal misdemeanor earlier this month of selling vaccination cards without proper authorization. Prosecutors say he manufactured and sold fake vaccine cards over the internet.
The paramedic could have also been charged at the state level but was only charged at the federal level because federal prosecutors were better equipped to handle this case because the vaccine cards are produced by a federal agency and analogous cases are being prosecuted federally, Marshall said.
When Baumbach learned that other states had adopted new laws to criminalize fake vaccination cards, he looked into Delaware law. The law is not clear about whether the act is a crime, he said.
“I wanted to be clear that, whether or not the feds want to take it on, it’s a violation of state law that we can address so it doesn’t make us dependent on the feds,” Baumbach said.
Attorney General Kathy Jennings, a Democrat, said she is still reviewing the bill.
“I strongly agree with Rep. Baumbach that forging vaccine cards is not only legally and morally wrong, but also uniquely endangers the public,” Jennings said in a statement. “We’re reviewing the legislation and will continue to talk with the sponsor about how we can help.”
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Sarah Gamard covers government and politics for Delaware Online/The News Journal. Reach her at (302) 324-2281 or sgamard@delawareonline.com. Follow her on Twitter @SarahGamard.
