18 U.S.C. § 1028A – Aggravated Identity Theft
This law makes it a federal crime to knowingly use another person’s means of identification during and in relation to specified felony offenses and imposes mandatory consecutive prison terms.
This statute targets identity theft committed in connection with other serious federal crimes.
It applies when a person knowingly transfers, possesses, or uses another individual’s means of identification without lawful authority during and in relation to certain enumerated felony offenses.
What the law prohibits.
A person violates this statute if they knowingly:
- Transfer, possess, or use, without lawful authority, a means of identification of another person during and in relation to a felony offense enumerated in this section
- Transfer, possess, or use, without lawful authority, a means of identification or a false identification document during and in relation to a felony involving terrorism
Penalties.
A person convicted under this statute shall be sentenced to a term of imprisonment of 2 years, to run consecutively to any other term of imprisonment imposed for the underlying felony.
If the offense is committed during and in relation to a felony involving terrorism, the sentence shall be a term of imprisonment of 5 years, to run consecutively to any other term of imprisonment imposed.
A court may not place a defendant convicted under this section on probation, and the term of imprisonment imposed under this section may not run concurrently with any other term of imprisonment, except in limited circumstances involving multiple convictions under this section imposed at the same time.
If you’re being investigated or charged under a federal aggravated identity theft statute, call (314) 900-HELP or contact our criminal defense attorneys to discuss your situation.
