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 existence of the committee, shall report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Rep- resentatives on the activities of the committee. ‘‘(2) CONTENTS.—The report referred to in paragraph (1) shall include— ‘‘(A) the total number of indictments and infor- mations, guilty pleas, convictions, and acquittals resulting from the investigation and prosecution of the creation and distribution of false identification documents during the preceding year; ‘‘(B) identification of the Federal judicial dis- tricts in which the indictments and informations were filed, and in which the subsequent guilty pleas, convictions, and acquittals occurred; ‘‘(C) specification of the Federal statutes utilized for prosecution; ‘‘(D) a brief factual description of significant in- vestigations and prosecutions; ‘‘(E) specification of the sentence imposed as a re- sult of each guilty plea and conviction; and ‘‘(F) recommendations, if any, for legislative changes that could facilitate more effective inves- tigation and prosecution of the creation and dis- tribution of false identification documents.’’ [For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, includ- ing the functions of the Secretary of the Treasury re- lating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganiza- tion Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.] [For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.] CONSTITUTIONAL AUTHORITY Pub. L. 105–318, § 2, Oct. 30, 1998, 112 Stat. 3007, pro- vided that: ‘‘The constitutional authority upon which this Act [see Short Title of 1998 Amendments note set out under section 1001 of this title] rests is the power of Congress to regulate commerce with foreign nations and among the several States, and the authority to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Con- stitution in the Government of the United States or in any department or officer thereof, as set forth in arti- cle I, section 8 of the United States Constitution.’’ CENTRALIZED COMPLAINT AND CONSUMER EDUCATION SERVICE FOR VICTIMS OF IDENTITY THEFT Pub. L. 105–318, § 5, Oct. 30, 1998, 112 Stat. 3010, pro- vided that: ‘‘(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [Oct. 30, 1998], the Fed- eral Trade Commission shall establish procedures to— ‘‘(1) log and acknowledge the receipt of complaints by individuals who certify that they have a reason- able belief that 1 or more of their means of identifica- tion (as defined in section 1028 of title 18, United States Code, as amended by this Act) have been as- sumed, stolen, or otherwise unlawfully acquired in violation of section 1028 of title 18, United States Code, as amended by this Act; ‘‘(2) provide informational materials to individuals described in paragraph (1); and ‘‘(3) refer complaints described in paragraph (1) to appropriate entities, which may include referral to— ‘‘(A) the 3 major national consumer reporting agencies; and ‘‘(B) appropriate law enforcement agencies for po- tential law enforcement action. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be nec- essary to carry out this section.’’ FRAUD AND RELATED ACTIVITY IN CONNECTION WITH IDENTIFICATION DOCUMENTS Pub. L. 98–473, title II, § 609L, Oct. 12, 1984, 98 Stat. 2103, provided that: ‘‘(a) For purposes of section 1028 of title 18, United States Code, to the maximum extent feasible, personal descriptors or identifiers utilized in identification doc- uments, as defined in such section, shall utilize com- mon descriptive terms and formats designed to— ‘‘(1) reduce the redundancy and duplication of iden- tification systems by providing information which can be utilized by the maximum number of authori- ties, and ‘‘(2) facilitate positive identification of bona fide holders of identification documents. ‘‘(b) The President shall, no later than 3 years after the date of enactment of this Act [Oct. 12, 1984], and after consultation with Federal, State, local, and inter- national issuing authorities, and concerned groups make recommnedations [recommendations] to the Con- gress for the enactment of comprehensive legislation on Federal identification systems. Such legislation shall— ‘‘(1) give due consideration to protecting the pri- vacy of persons who are the subject of any identifica- tion system, ‘‘(2) recommend appropriate civil and criminal sanctions for the misuse or unauthorized disclosure of personal identification information, and ‘‘(3) make recommendations providing for the ex- change of personal identification information as au- thorized by Federal or State law or Executive order of the President or the chief executive officer of any of the several States.’’ § 1028A. Aggravated identity theft (a) OFFENSES.— (1) IN GENERAL.—Whoever, during and in re- lation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of Page 315 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1029 1 So in original. Probably should be ‘‘records’’. identification of another person shall, in addi- tion to the punishment provided for such fel- ony, be sentenced to a term of imprisonment of 2 years. (2) TERRORISM OFFENSE.—Whoever, during and in relation to any felony violation enu- merated 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 im- prisonment 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 iden- tification 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, pos- sessed, 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 per- son 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 Commis- sion pursuant to section 994 of title 28. (c) DEFINITION.—For purposes of this section, the term ‘‘felony violation enumerated in sub- section (c)’’ means any offense that is a felony violation of— (1) section 641 (relating to theft of public money, property, or rewards 1), section 656 (re- lating 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 state- ments 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 (re- lating to mail, bank, and wire fraud); (6) any provision contained in chapter 69 (re- lating to nationality and citizenship); (7) any provision contained in chapter 75 (re- lating to passports and visas); (8) section 523 of the Gramm-Leach-Bliley Act (15 U.S.C. 6823) (relating to obtaining cus- tomer information by false pretenses); (9) section 243 or 266 of the Immigration and Nationality Act (8 U.S.C. 1253 and 1306) (relat- ing to willfully failing to leave the United States after deportation and creating a coun- terfeit alien registration card); (10) any provision contained in chapter 8 of title II of the Immigration and Nationality Act (8 U.S.C. 1321 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, 1011, 1307(b), 1320a–7b(a), and 1383a) (relating to false statements relating to programs under the Act). (Added Pub. L. 108–275, § 2(a), July 15, 2004, 118 Stat. 831.) Editorial Notes REFERENCES IN TEXT The Immigration and Nationality Act, referred to in subsec. (c)(10), is act June 27, 1952, ch. 477, 66 Stat. 163. Chapter 8 of title II of the Act is classified generally to part VIII (§ 1321 et seq.) of subchapter II of chapter 12 of Title 8, Aliens and Nationality. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. The Social Security Act, referred to in subsec. (c)(11), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classi- fied generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. § 1029. Fraud and related activity in connection with access devices (a) Whoever— (1) knowingly and with intent to defraud produces, uses, or traffics in one or more coun- terfeit access devices; (2) knowingly and with intent to defraud traffics in or uses one or more unauthorized access devices during any one-year period, and by such conduct obtains anything of value ag- gregating $1,000 or more during that period; (3) knowingly and with intent to defraud possesses fifteen or more devices which are counterfeit or unauthorized access devices; (4) knowingly, and with intent to defraud, produces, traffics in, has control or custody of, or possesses device-making equipment; (5) knowingly and with intent to defraud ef- fects transactions, with 1 or more access de- vices issued to another person or persons, to receive payment or any other thing of value during any 1-year period the aggregate value of which is equal to or greater than $1,000; (6) without the authorization of the issuer of the access device, knowingly and with intent to defraud solicits a person for the purpose of— (A) offering an access device; or (B) selling information regarding or an ap- plication to obtain an access device; (7) knowingly and with intent to defraud uses, produces, traffics in, has control or cus- tody of, or possesses a telecommunications in- strument that has been modified or altered to