False Identification Documents 18 U.S.C. Sec. 1028(a)(4)

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Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions

False Identification Documents 18 U.S.C. Sec. 1028(a)(4) is a federal statute that makes it illegal to possess, use, manufacture, or transfer a false identification document. This statute applies to any document that purports to be an official document such as a passport, driver’s license, voter registration card, or any other government-issued identification. It can also apply to any document that is “designed or otherwise tailored to establish the false identity, age, or nationality of any person.” Different types of False Identification Documents 18 U.S.C. Sec. 1028(a)(4) include fake passports, driver’s licenses, social security cards, birth certificates, and immigration documents. It is also illegal to use any of these documents to purchase goods or services, or to commit fraud or other criminal activities. Violation of this statute carries a penalty of up to 15 years in prison and/or a fine of up to $250,000.

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FAQ

18 USC 1028A requires federal courts to sentence the defendant to two years prison to be served after the sentence for the underlying crime. Section 1028(b) provides rules for sentencing in these cases. The statute prohibits the judge from allowing the sentences to run concurrently.

Whoever, knowingly and with intent to defraud the United States, or any agency thereof, possesses any false, altered, forged, or counterfeited writing or document for the purpose of enabling another to obtain from the United States, or from any agency, officer or agent thereof, any sum of money, shall be fined under

False Identification -- 18 U.S.C. 1028 -- Overview. The False Identification Crime Control Act of 1982, Public Law 97-398, 96 Stat. 2009 (approved December 31, 1982) was the culmination of a ten-year legislative process to improve federal criminal statutes relating to the false identification problem.

-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.

Federal identity theft cases are prosecuted by the U.S. Department of Justice. In most instances, a conviction for identity theft carries a maximum penalty of 15 years imprisonment, a fine and forfeiture of any personal property used or intended to be used to commit the crime.

1028. Section 1028 of Title 18 designates three special non-federal identification documents and gives them preferred treatment. These three documents, in the absence of a national identity card, are the prime means by which an individual establishes his identity in the United States.

?Section 1028A of title 18, United States Code, generally requires that the mandatory term of imprisonment for a violation of such section be imposed consecutively to any other term of imprisonment.

Producing without lawful authority an identification document or a false identification document (18 U.S.C. § 1028(a)(1)); Transferring an identification document or a false identification document knowing that such document was stolen or produced without lawful authority (18 U.S.C. § 1028(a)(2));

More info

18 U.S.C. 1028 - Fraud and related activity in connection with identification documents, authentication features, and information. 18 USC 1028A establishes the offense of aggravated identity theft.This statute became law in the United States in 2004. 18 U.S.C. § 1028 lays out penalties for anyone who knowingly produces an identification, false document, or possesses documents to defraud. Under 18 U.S.C. 1028, only fraud in connection with identification documents is a crime. More than 60 predicate federal felony offenses (18 U.S.C. § 1028A). 4th at 1027. ("Though the caption of 18 U.S.C. § 1028A is indeed. False information and hoaxes. Count III of the Indictment charges the defendant with Aggravated Identity Theft, under 18.

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False Identification Documents 18 U.S.C. Sec. 1028(a)(4)