18 USC 1028A
NB: This unofficial compilation of the U.S. Code is current as of Jan. 5, 2009 (see http://www.law.cornell.edu/uscode/uscprint.html).
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TITLE 18 – CRIMES AND CRIMINAL PROCEDURE
PART I – CRIMES
CHAPTER 47 – FRAUD AND FALSE STATEMENTS
§ 1028A. Aggravated identity theft
(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.
(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 1
), 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) (relating to obtaining customer
information by false pretenses);
(9)
section 243 or 266 of the Immigration and Nationality Act (8 U.S.C. 1253 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 et seq.) (relating to various immigration offenses); or
18 USC 1028A
NB: This unofficial compilation of the U.S. Code is current as of Jan. 5, 2009 (see http://www.law.cornell.edu/uscode/uscprint.html).
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(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).
Footnotes
1 So in original. Probably should be “records”.
(Added Pub. L. 108–275, § 2(a), July 15, 2004, 118 Stat. 831.)
References in Text
The Immigration and Nationality Act, referred to in subsec. (c)(10), is act June 27, 1952, ch. 477, 66 Stat. 163, as
amended. 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 classification 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, as amended, which is
classified 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.
