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	6 Convictions in September 2024		96 Convictions in Fiscal Year 2024

CITE

    18 USC Sec. 1028A                                           01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 47 - FRAUD AND FALSE STATEMENTS

HEAD

    Sec. 1028A. Aggravated identity theft

STATUTE

      (a) Offenses. -
        (1) In general. - 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) Terrorism offense. - 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) Consecutive Sentence. - 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) Definition. - 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 (!1)), 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).

SOURCE

    (Added Pub. L. 108-275, Sec. 2(a), July 15, 2004, 118 Stat. 831.)

REFERENCES IN TEXT

      The Immigration and Nationality Act, referred to in subsec.
    (c)(10), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended.
    Chapter 8 of title II of the Act is classified generally to part
    VIII (Sec. 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, as amended, which is
    classified generally to chapter 7 (Sec. 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.

FOOTNOTE

    (!1) So in original. Probably should be "records".