§1028A — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Knowingly using, carrying, or having someone else’s identification without legal permission while committing certain felonies is a separate crime. If that happens, the person gets an extra 2 years in prison on top of whatever sentence the felony carries. If the ID is used during an offense listed in section 2332b(g)(5)(B), or if a false ID document is used in that case, the extra prison time is 5 years. These extra years are added to the punishment for the underlying crime. A judge cannot put someone convicted under this rule on probation. The extra prison time normally must run after (not at the same time as) any other prison sentence. A judge may not shorten the sentence for the main felony to make up for the extra time. A judge can, at their choice and following federal sentencing rules, have the extra time run at the same time only with another sentence under this same rule imposed at the same time. The rule covers a range of felonies, including theft of government money or property, bank embezzlement, theft from benefit plans, false claims of citizenship, lying to get a firearm, most fraud and false-statement crimes (including mail, bank, and wire fraud), immigration and passport/visa offenses, a specific Gramm‑Leach‑Bliley customer‑info offense, certain deportation/alien‑registration crimes, and some Social Security false‑statement crimes.

Title 18, §1028A

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)(1)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)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)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)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) (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

(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).

Notes & Related Subsidiaries

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 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, 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.

§1028A Aggravated identity theft