When the FBI Comes Calling…®
Identity Theft (Continued)
Aggravated Identity Theft
18 U.S.C. § 1028A (2007)
Under 18 U.S.C. § 1028A, if a person knowingly and unlawfully transfers, possesses, or uses a means of identification of another person in conjunction with the commission of a set list of felonies, that person will be punished as those felonies provide and that person will additionally be imprisoned for 2 years. If the felony happens to be a terrorism offense, that person will receive an additional 5 years of imprisonment.
Furthermore, that person will not be placed on probation, nor will the term of imprisonment run concurrently, unless the court has been given discretion to do by the Sentencing commission.
The felonies that are listed in section 1028A are:
- 18 U.S.C. § 641 (relating to theft of public money, property, or rewards), 18 U.S.C. § 656 (relating to theft, embezzlement, or misapplication by bank officer or employee), or 18 U.S.C. § 664 (relating to theft from employee benefit plans);
- 18 U.S.C. § 911 (relating to false personation of citizenship);
- 18 U.S.C. § 922(a)(6) (relating to false statements in connection with the acquisition of a firearm);
- any provision contained in this chapter (18 U.S.C. §§ 1001 et seq.) (relating to fraud and false statements), other than this section or 18 U.S.C. § 1028(a)(7);
- any provision contained in chapter 63 (18 U.S.C. §§ 1341 et seq.) (relating to mail, bank, and wire fraud);
- any provision contained in chapter 69 (18 U.S.C. §§ 1421 et seq.) (relating to nationality and citizenship);
- any provision contained in chapter 75 (18 U.S.C. §§ 1541 et seq.) (relating to passports and visas);
- section 523 of the Gramm-Leach-Bliley Act (15 U.S.C. § 6823) (relating to obtaining customer information by false pretenses);
- 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);
- 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
- 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).