18 U.S.C. § 1028 – Fraud in connection with identification documents, authentication features, and information
This law makes it a federal crime to create, use, possess, or traffic in fake identification documents or another person’s identifying information.
Section 1028 targets identity fraud involving government-issued identification documents, authentication features, and personal identifying information. It applies to fake IDs, stolen identities, altered documents, and the tools used to create or distribute them.
What the law prohibits.
A person violates this statute if they knowingly:
- Create, alter, or produce false identification documents, such as fake driver’s licenses, passports, or government IDs.
- Transfer or possess stolen or fraudulent identification documents knowing they were made or obtained without lawful authority.
- Use or possess another person’s identifying information (such as a name, Social Security number, date of birth, or government ID number) to commit or assist in unlawful activity.
- Traffic in identification documents or authentication features, including selling, distributing, or offering fake or stolen IDs.
- Possess equipment or materials used to make fake IDs, such as templates, software, printers, or authentication features.
- Possess multiple false identification documents with the intent to use or transfer them unlawfully.
- Attempt or conspire to commit any of the above acts.
The law covers identification documents issued by the United States, state governments, foreign governments, and certain international organizations. It also applies when the conduct affects interstate or foreign commerce or involves federal programs or agencies.
Penalties.
Punishment depends on the nature of the offense and how it was carried out, but may include:
- up to 15 years in federal prison for most identity document fraud offenses,
- up to 20 years if the offense is connected to violent crimes, drug trafficking, or repeat violations,
- up to 30 years if the offense is tied to terrorism-related conduct,
- fines, and
- forfeiture and destruction of fake documents, equipment, and related property.
If you’re facing federal identity fraud allegations, call (314) 900-HELP or contact our criminal defense attorneys for guidance.
