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U.S. Code as of:
01/19/04
Section 1028. Fraud and related activity in connection with identification documents, authentication features, and information
(a) Whoever, in a circumstance described in subsection (c) of
this section -
(1) knowingly and without lawful authority produces an
identification document, authentication feature, or a false
identification document;
(2) knowingly transfers an identification document,
authentication feature, or a false identification document
knowing that such document or feature was stolen or produced
without lawful authority;
(3) knowingly possesses with intent to use unlawfully or
transfer unlawfully five or more identification documents (other
than those issued lawfully for the use of the possessor),
authentication features, or false identification documents;
(4) knowingly possesses an identification document (other than
one issued lawfully for the use of the possessor), authentication
feature, or a false identification document, with the intent such
document or feature be used to defraud the United States;
(5) knowingly produces, transfers, or possesses a
document-making implement or authentication feature with the
intent such document-making implement or authentication feature
will be used in the production of a false identification document
or another document-making implement or authentication feature
which will be so used;
(6) knowingly possesses an identification document or
authentication feature that is or appears to be an identification
document or authentication feature of the United States which is
stolen or produced without lawful authority knowing that such
document or feature was stolen or produced without such
authority;
(7) knowingly transfers or uses, without lawful authority, a
means of identification of another person with the intent to
commit, or to aid or abet, any unlawful activity that constitutes
a violation of Federal law, or that constitutes a felony under
any applicable State or local law; or
(8) knowingly traffics in false authentication features for use
in false identification documents, document-making implements, or
means of identification;
shall be punished as provided in subsection (b) of this section.
(b) The punishment for an offense under subsection (a) of this
section is -
(1) except as provided in paragraphs (3) and (4), a fine under
this title or imprisonment for not more than 15 years, or both,
if the offense is -
(A) the production or transfer of an identification document,
authentication feature, or false identification document that
is or appears to be -
(i) an identification document or authentication feature
issued by or under the authority of the United States; or
(ii) a birth certificate, or a driver's license or personal
identification card;
(B) the production or transfer of more than five
identification documents, authentication features, or false
identification documents;
(C) an offense under paragraph (5) of such subsection; or
(D) an offense under paragraph (7) of such subsection that
involves the transfer or use of 1 or more means of
identification if, as a result of the offense, any individual
committing the offense obtains anything of value aggregating
$1,000 or more during any 1-year period;
(2) except as provided in paragraphs (3) and (4), a fine under
this title or imprisonment for not more than three years, or
both, if the offense is -
(A) any other production, transfer, or use of a means of
identification, an identification document,,(!1) authentication
feature, or a false identification document; or
(B) an offense under paragraph (3) or (7) of such subsection;
(3) a fine under this title or imprisonment for not more than
20 years, or both, if the offense is committed -
(A) to facilitate a drug trafficking crime (as defined in
section 929(a)(2));
(B) in connection with a crime of violence (as defined in
section 924(c)(3)); or
(C) after a prior conviction under this section becomes
final;
(4) a fine under this title or imprisonment for not more than
25 years, or both, if the offense is committed to facilitate an
act of international terrorism (as defined in section 2331(1) of
this title);
(5) in the case of any offense under subsection (a), forfeiture
to the United States of any personal property used or intended to
be used to commit the offense; and
(6) a fine under this title or imprisonment for not more than
one year, or both, in any other case.
(c) The circumstance referred to in subsection (a) of this
section is that -
(1) the identification document, authentication feature, or
false identification document is or appears to be issued by or
under the authority of the United States or the document-making
implement is designed or suited for making such an identification
document, authentication feature, or false identification
document;
(2) the offense is an offense under subsection (a)(4) of this
section; or
(3) either -
(A) the production, transfer, possession, or use prohibited
by this section is in or affects interstate or foreign
commerce, including the transfer of a document by electronic
means; or
(B) the means of identification, identification document,
false identification document, or document-making implement is
transported in the mail in the course of the production,
transfer, possession, or use prohibited by this section.
(d) In this section -
(1) the term "authentication feature" means any hologram,
watermark, certification, symbol, code, image, sequence of
numbers or letters, or other feature that either individually or
in combination with another feature is used by the issuing
authority on an identification document, document-making
implement, or means of identification to determine if the
document is counterfeit, altered, or otherwise falsified;
(2) the term "document-making implement" means any implement,
impression, template, computer file, computer disc, electronic
device, or computer hardware or software, that is specifically
configured or primarily used for making an identification
document, a false identification document, or another
document-making implement;
(3) the term "identification document" means a document made or
issued by or under the authority of the United States Government,
a State, political subdivision of a State, a foreign government,
political subdivision of a foreign government, an international
governmental or an international quasi-governmental organization
which, when completed with information concerning a particular
individual, is of a type intended or commonly accepted for the
purpose of identification of individuals;
(4) the term "false identification document" means a document
of a type intended or commonly accepted for the purposes of
identification of individuals that -
(A) is not issued by or under the authority of a governmental
entity or was issued under the authority of a governmental
entity but was subsequently altered for purposes of deceit; and
(B) appears to be issued by or under the authority of the
United States Government, a State, a political subdivision of a
State, a foreign government, a political subdivision of a
foreign government, or an international governmental or
quasi-governmental organization;
(5) the term "false authentication feature" means an
authentication feature that -
(A) is genuine in origin, but, without the authorization of
the issuing authority, has been tampered with or altered for
purposes of deceit;
(B) is genuine, but has been distributed, or is intended for
distribution, without the authorization of the issuing
authority and not in connection with a lawfully made
identification document, document-making implement, or means of
identification to which such authentication feature is intended
to be affixed or embedded by the respective issuing authority;
or
(C) appears to be genuine, but is not;
(6) the term "issuing authority" -
(A) means any governmental entity or agency that is
authorized to issue identification documents, means of
identification, or authentication features; and
(B) includes the United States Government, a State, a
political subdivision of a State, a foreign government, a
political subdivision of a foreign government, or an
international government or quasi-governmental organization;
(7) the term "means of identification" means any name or number
that may be used, alone or in conjunction with any other
information, to identify a specific individual, including any -
(A) name, social security number, date of birth, official
State or government issued driver's license or identification
number, alien registration number, government passport number,
employer or taxpayer identification number;
(B) unique biometric data, such as fingerprint, voice print,
retina or iris image, or other unique physical representation;
(C) unique electronic identification number, address, or
routing code; or
(D) telecommunication identifying information or access
device (as defined in section 1029(e));
(8) the term "personal identification card" means an
identification document issued by a State or local government
solely for the purpose of identification;
(9) the term "produce" includes alter, authenticate, or
assemble;
(10) the term "transfer" includes selecting an identification
document, false identification document, or document-making
implement and placing or directing the placement of such
identification document, false identification document, or
document-making implement on an online location where it is
available to others;
(11) the term "State" includes any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, and
any other commonwealth, possession, or territory of the United
States; and
(12) the term "traffic" means -
(A) to transport, transfer, or otherwise dispose of, to
another, as consideration for anything of value; or
(B) to make or obtain control of with intent to so transport,
transfer, or otherwise dispose of.
(e) This section does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency of the United States, a State, or a political
subdivision of a State, or of an intelligence agency of the United
States, or any activity authorized under chapter 224 of this title.
(f) Attempt and Conspiracy. - Any person who attempts or
conspires to commit any offense under this section shall be subject
to the same penalties as those prescribed for the offense, the
commission of which was the object of the attempt or conspiracy.
(g) Forfeiture Procedures. - The forfeiture of property under
this section, including any seizure and disposition of the property
and any related judicial or administrative proceeding, shall be
governed by the provisions of section 413 (other than subsection
(d) of that section) of the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 853).
(h) Forfeiture; Disposition. - In the circumstance in which any
person is convicted of a violation of subsection (a), the court
shall order, in addition to the penalty prescribed, the forfeiture
and destruction or other disposition of all illicit authentication
features, identification documents, document-making implements, or
means of identification.
(i) Rule of Construction. - For purpose of subsection (a)(7), a
single identification document or false identification document
that contains 1 or more means of identification shall be construed
to be 1 means of identification.
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