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Sec. 1028. - Fraud and related activity in connection with identification documents and information
(a)
Whoever, in a circumstance described in subsection (c) of
this section -
(1)
knowingly and without lawful authority produces an
identification document or a false identification document;
(2)
knowingly transfers an identification document or a false
identification document knowing that such document 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) or false
identification documents;
(4)
knowingly possesses an identification document (other than
one issued lawfully for the use of the possessor) or a false
identification document, with the intent such document be used to
defraud the United States;
(5)
knowingly produces, transfers, or possesses a
document-making implement with the intent such document-making
implement will be used in the production of a false
identification document or another document-making implement
which will be so used;
(6)
knowingly possesses an identification document that is or
appears to be an identification document of the United States
which is stolen or produced without lawful authority knowing that
such document was stolen or produced without such authority; or
(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;
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
or false identification document that is or appears to be -
(i)
an identification document 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 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, 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 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 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 ''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;
(2)
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;
(3)
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; 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;
(4)
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));
(5)
the term ''personal identification card'' means an
identification document issued by a State or local government
solely for the purpose of identification;
(6)
the term ''produce'' includes alter, authenticate, or
assemble;
(7)
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; and
(8)
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.
(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)
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.
Next:
Sec. 1029. - Fraud and related activity in connection with access devicesPrevious:
Sec. 1014. - Loan and credit applications generally; renewals and discounts; crop insuranceSearch the Statutes
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