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18 U.S.C. § 1028A — Aggravated identity theft

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1028A — Aggravated identity theft

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Source file: Laws/federal/codes/united-states-code/title-18/section-1028a-aggravated-identity-theft--1a270c3f57.md
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Source location: Title 18, Chapter 47, § 1028A; chapter-047-fraud-and-false-statements.md

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**(a) Offenses.—** (1) **In general.—** — Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. (2) **Terrorism offense.—** — Whoever, during and in relation to any felony violation enumerated in section 2332b(g)(5)(B), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years. **(b) Consecutive Sentence.—** Notwithstanding any other provision of law— (1) a court shall not place on probation any person convicted of a violation of this section; (2) except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony during which the means of identification was transferred, possessed, or used; (3) in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and (4) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the Sentencing Commission pursuant to [section 994 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section994&num=0&edition=prelim). **(c) Definition.—** For purposes of this section, the term “felony violation enumerated in subsection (c)” means any offense that is a felony violation of— (1) section 641 (relating to theft of public money, property, or rewards 11 So in original. Probably should be “records”.), section 656 (relating to theft, embezzlement, or misapplication by bank officer or employee), or section 664 (relating to theft from employee benefit plans); (2) section 911 (relating to false personation of citizenship); (3) section 922(a)(6) (relating to false statements in connection with the acquisition of a firearm); (4) any provision contained in this chapter (relating to fraud and false statements), other than this section or section 1028(a)(7); (5) any provision contained in chapter 63 (relating to mail, bank, and wire fraud); (6) any provision contained in chapter 69 (relating to nationality and citizenship); (7) any provision contained in chapter 75 (relating to passports and visas); (8) section 523 of the Gramm-Leach-Bliley Act ([15 U.S.C. 6823](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6823&num=0&edition=prelim)) (relating to obtaining customer information by false pretenses); (9) section 243 or 266 of the Immigration and Nationality Act ([8 U.S.C. 1253](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1253&num=0&edition=prelim) and 1306) (relating to willfully failing to leave the United States after deportation and creating a counterfeit alien registration card); (10) any provision contained in chapter 8 of title II of the Immigration and Nationality Act ([8 U.S.C. 1321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1321&num=0&edition=prelim) et seq.) (relating to various immigration offenses); or (11) section 208, 811, 1107(b), 1128B(a), or 1632 of the Social Security Act ([42 U.S.C. 408](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section408&num=0&edition=prelim), 1011, 1307(b), 1320a–7b(a), and 1383a) (relating to false statements relating to programs under the Act).

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 994 — Duties of the Commission

**(a)** The Commission, by affirmative vote of at least four members of the Commission, and pursuant to its rules and regulations and consistent with all pertinent provisions of any Federal statute shall promulgate and distribute to all courts of the United States and to the United States Probation System— (1) guidelines, as described in this section, for use of a sentencing court in determining the sentence to be imposed in a criminal case, including— (A) a determination whether to impose a sentence to probation, a fine, or a term of imprisonment; (B) a determination as to the appropriate amount of a fine or the appropriate length of a term of probation or a term of imprisonment; (C) a determination whether a sentence to a term of imprisonment should include a requirement that the defendant be placed on a term of supervised release after imprisonment, and, if so, the appropriate length of such a term; (D) a determination whether multiple sentences to terms of imprisonment should be ordered to run concurrently or consecutively; and (E) a determination under paragraphs (6) and (11) 11 See References in Text note below. of [section 3563(b) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3563/b&num=0&edition=prelim); (2) general policy statements regarding application of the guidelines or any other aspect of sentencing or sentence implementation that in the view of the Commission would further the purposes set forth in [section 3553(a)(2) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3553/a/2&num=0&edition=prelim), United States Code, including the appropriate use of— (A) the sanctions set forth in sections 3554, 3555, and 3556 of title 18; (B) the conditions of proba

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1101 — Definitions

**(a)** As used in this chapter— (1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim). (2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in. (3) The term “alien” means any person not a citizen or national of the United States. (4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa. (5) The term “Attorney General” means the Attorney General of the United States. (6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien. (7) The term “clerk of court” means a clerk of a naturalization court. (8) The terms “Commissioner” and “Deputy Commissioner” mean the Co

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1305 — Short title of chapter

This chapter may be cited as the “Social Security Act”.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1321 — Prevention of unauthorized landing of aliens

**(a) Failure to report; penalties** It shall be the duty of every person, including the owners, masters, officers, and agents of vessels, aircraft, transportation lines, or international bridges or toll roads, other than transportation lines which may enter into a contract as provided in [section 1223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1223&num=0&edition=prelim), bringing an alien to, or providing a means for an alien to come to, the United States (including an alien crewman whose case is not covered by [section 1284(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1284/a&num=0&edition=prelim)) to prevent the landing of such alien in the United States at a port of entry other than as designated by the Attorney General or at any time or place other than as designated by the immigration officers. Any such person, owner, master, officer, or agent who fails to comply with the foregoing requirements shall be liable to a penalty to be imposed by the Attorney General of $3,000 for each such violation, which may, in the discretion of the Attorney General, be remitted or mitigated by him in accordance with such proceedings as he shall by regulation prescribe. Such penalty shall be a lien upon the vessel or aircraft whose owner, master, officer, or agent violates the provisions of this section, and such vessel or aircraft may be libeled therefor in the appropriate United States court. **(b) Prima facie evidence** Proof that the alien failed to present himself at the time and place designated by the immigration officers shall be prima facie evidence that such alien has landed in the United States at a time or place other than as designated by the immigration officers. **(c) Liabil

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 408 — Penalties

**(a) In general** Whoever— (1) for the purpose of causing an increase in any payment authorized to be made under this subchapter, or for the purpose of causing any payment to be made where no payment is authorized under this subchapter, shall make or cause to be made any false statement or representation (including any false statement or representation in connection with any matter arising under subchapter E of chapter 1, or subchapter A or E of chapter 9 of the Internal Revenue Code of 1939, or chapter 2 or 21 or subtitle F of the Internal Revenue Code of 1954) as to— (A) whether wages were paid or received for employment (as said terms are defined in this subchapter and the Internal Revenue Code), or the amount of wages or the period during which paid or the person to whom paid; or (B) whether net earnings from self-employment (as such term is defined in this subchapter and in the Internal Revenue Code) were derived, or as to the amount of such net earnings or the period during which or the person by whom derived; or (C) whether a person entitled to benefits under this subchapter had earnings in or for a particular period (as determined under [section 403(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section403/f&num=0&edition=prelim) for purposes of deductions from benefits), or as to the amount thereof; or (2) makes or causes to be made any false statement or representation of a material fact in any application for any payment or for a disability determination under this subchapter; or (3) at any time makes or causes to be made any false statement or representation of a material fact for use in determining rights to payment under this subchapter; or (4) having knowledge of the occurrence of any event affecting (

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1253 — Penalties related to removal

**(a) Penalty for failure to depart** (1) **In general** — Any alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in [section 1227(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a&num=0&edition=prelim), who— (A) willfully fails or refuses to depart from the United States within a period of 90 days from the date of the final order of removal under administrative processes, or if judicial review is had, then from the date of the final order of the court, (B) willfully fails or refuses to make timely application in good faith for travel or other documents necessary to the alien’s departure, (C) connives or conspires, or takes any other action, designed to prevent or hamper or with the purpose of preventing or hampering the alien’s departure pursuant to such, or (D) willfully fails or refuses to present himself or herself for removal at the time and place required by the Attorney General pursuant to such order, shall be fined under title 18, or imprisoned not more than four years (or 10 years if the alien is a member of any of the classes described in paragraph (1)(E), (2), (3), or (4) of [section 1227(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a&num=0&edition=prelim)), or both. (2) **Exception** — It is not a violation of paragraph (1) to take any proper steps for the purpose of securing cancellation of or exemption from such order of removal or for the purpose of securing the alien’s release from incarceration or custody. (3) **Suspension** — The court may for good cause suspend the sentence of an alien under this subsection and order the alien’s release under such conditions as the c

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6823 — Criminal penalty

**(a) In general** Whoever knowingly and intentionally violates, or knowingly and intentionally attempts to violate, [section 6821 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6821&num=0&edition=prelim) shall be fined in accordance with title 18 or imprisoned for not more than 5 years, or both. **(b) Enhanced penalty for aggravated cases** Whoever violates, or attempts to violate, [section 6821 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6821&num=0&edition=prelim) while violating another law of the United States or as part of a pattern of any illegal activity involving more than $100,000 in a 12-month period shall be fined twice the amount provided in subsection (b)(3) or (c)(3) (as the case may be) of [section 3571 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3571&num=0&edition=prelim), imprisoned for not more than 10 years, or both.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6823 — Criminal penalty

Page 2298 TITLE 15—COMMERCE AND TRADE § 6822 (f) Nonapplicability to certain types of customer information of financial institutions No provision of this section shall be construed so as to prevent any person from obtaining cus- tomer information of a financial institution that otherwise is available as a public record filed pursuant to the securities laws (as defined in section 78c(a)(47) of this title). (g) Nonapplicability to collection of child sup- port judgments No provision of this section shall be construed to prevent any State-licensed private investi- gator, or any officer, employee, or agent of such private investigator, from obtaining customer information of a financial institution, to the ex- tent reasonably necessary to collect child sup- port from a person adjudged to have been delin- quent in his or her obligations by a Federal or State court, and to the extent that such action by a State-licensed private investigator is not unlawful under any other Federal or State law or regulation, and has been authorized by an order or judgment of a court of competent juris- diction. (Pub. L. 106–102, title V, § 521, Nov. 12, 1999, 113 Stat. 1446.) § 6822. Administrative enforcement (a) Enforcement by Federal Trade Commission Except as provided in subsection (b), compli- ance with this subchapter shall be enforced by the Federal Trade Commission in the same man- ner and with the same power and authority as the Commission has under the Fair Debt Collec- tion Practices Act [15 U.S.C. 1692 et seq.] to en- force compliance with such Act. (b) Enforcement by other agencies in certain cases (1) In general Compliance with this subchapter shall be en- forced under— (A) section 8 of the Federal Deposit Insur- ance Act [12 U.S.C. 1818], in the case of

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 6823

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1028A — Aggravated identity theft

Page 314 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1028A Act shall take effect 90 days after the date of enact- ment of this Act [Dec. 28, 2000].’’ EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. C, title II, § 211(c), Sept. 30, 1996, 110 Stat. 3009–570, provided that: ‘‘This section [amend- ing this section and sections 1425 to 1427, 1541 to 1544, and 1546 of this title and enacting provisions set out as a note under section 994 of Title 28, Judiciary and Judi- cial Procedure] and the amendments made by this sec- tion shall apply with respect to offenses occurring on or after the date of the enactment of this Act [Sept. 30, 1996].’’ COORDINATING COMMITTEE ON FALSE IDENTIFICATION Pub. L. 106–578, § 2, Dec. 28, 2000, 114 Stat. 3075, pro- vided that: ‘‘(a) IN GENERAL.—The Attorney General and the Sec- retary of the Treasury shall establish a coordinating committee to ensure, through existing interagency task forces or other means, that the creation and dis- tribution of false identification documents (as defined in section 1028(d)(3) [now 1028(d)(4)] of title 18, United States Code, as added by section 3(2) of this Act) is vig- orously investigated and prosecuted. ‘‘(b) MEMBERSHIP.—The coordinating committee shall consist of the Director of the United States Secret Service, the Director of the Federal Bureau of Inves- tigation, the Attorney General, the Commissioner of Social Security, and the Commissioner of Immigration and Naturalization, or their respective designees. ‘‘(c) TERM.—The coordinating committee shall termi- nate 2 years after the effective date of this Act [see Ef- fective Date of 2000 Amendment note above]. ‘‘(d) REPORT.— ‘‘(1) IN GENERAL.—The Attorney General and the Secretary of the Treasury, at the end of each year of the exi

Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 1028A

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 408 — Penalties

Page 1943 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 408 States to study and evaluate the appointment and pay- ment of attorney and non-attorney claimant represent- atives appearing before the Commissioner of Social Se- curity in connection with benefit claims under titles II and XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.) and to report to the appropriate com- mittees of Congress not later than 3 years after the date of the submission by the Commissioner of Social Security to Congress pursuant to section 303(d) of Pub. L. 108–203 (set out above) of written notice of comple- tion of full implementation of the requirements for op- eration of the demonstration project under section 303 of Pub. L. 108–203. GAO STUDY AND REPORT Pub. L. 106–170, title IV, § 406(c), Dec. 17, 1999, 113 Stat. 1912, directed the Comptroller General of the United States to conduct a study, and to submit a report on the study’s results to the appropriate committees of Congress not later than 1 year after Dec. 17, 1999, that examined the costs incurred by the Social Security Ad- ministration in administering 42 U.S.C. 406(a)(4), (b)(1) and itemized the components of such costs; identified efficiencies that the Administration could implement to reduce such costs; examined the feasibility and ad- visability of linking the payment of, or the amount of, the assessment under 42 U.S.C. 406(d) to the timeliness of the payment of the fee to the attorney as certified by the Commissioner of Social Security pursuant to 42 U.S.C. 406(a)(4), (b)(1); determined whether 42 U.S.C. 406(a)(4), (b)(1) should be applied to claimants under title XVI of the Social Security Act (42 U.S.C 1381 et seq.); determined the feasibility and advisability of stating fees under 42 U.S.C

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