Aggravated Identity Theft 18 U.S.C. Sec. 1028A(a)(1)

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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

Aggravated Identity Theft 18 U.S.C. Sec. 1028A(a)(1) is a federal law that makes it a crime to knowingly transfer, possess, or use, without lawful authority, a means of identification of another person during or in relation to the commission of a felony. This type of identity theft is considered to be "aggravated" because it involves the use of another person's identity in the commission of a serious crime. Aggravated Identity Theft 18 U.S.C. Sec. 1028A(a)(1) is punishable by a fine, imprisonment, or both, and can result in a sentencing enhancement for the underlying felony. The types of Aggravated Identity Theft 18 U.S.C. Sec. 1028A(a)(1) are: 1. Identity Theft in Connection with a Felony: Using another person's identity to commit or attempt to commit a federal, state, or local felony. 2. Identity Theft in Connection with a Federal Offense: Using another person's identity to commit or attempt to commit a federal offense. 3. Identity Theft in Connection with Immigration Fraud: Using another person's identity to commit or attempt to commit immigration fraud. 4. Identity Theft in Connection with Terrorism: Using another person's identity to commit or attempt to commit an act of terrorism.

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FAQ

Aggravated identity theft is different than identity theft because aggravated identity theft involves stealing another person's identity and then committing a crime.

Simply stated, aggravated identity theft occurs when someone knowingly transfers, possesses, or uses without permission, identification of another person, and then uses that identification during and/or in relation to the act of a particular felony violation.

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.

18 USC 1028A provides that aggravated identity theft occurs when a person commits a crime and also ?knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person.?

The law says a defendant is guilty of aggravated identity theft when he "knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person?during and in relation to" one of many predicate offenses, including health care fraud.

Theft or embezzlement by a bank officer or bank employee. Falsely impersonating a U.S. citizen. False statements made during the acquisition of a firearm. Bank Fraud, Wire Fraud, Mail Fraud.

More info

18 USC 1028A provides that aggravated identity theft occurs when a person commits a crime and also "knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person." Punishments under 18 U.S.C. § 1028A run consecutively to any other term of imprisonment.Read Section 1028A - Aggravated identity theft, 18 U.S.C. § 1028A, see flags on bad law, and search Casetext's comprehensive legal database. The federal Aggravated Identity Theft charge became law in 2004 and is codified in Section 1028A of Title 18 of United States Code. "Use" under § 1028A requires that the use of the means of identification was central to the specified felony and facilitated its commission. "Aggravated identity theft" and concluding that peti-. 18 USC 1028A requires federal courts to sentence the defendant to two years prison to be served after the sentence for the underlying crime. 18 U.S.C. § 1028A - U.S. Code - Unannotated Title 18. Crimes and Criminal Procedure § 1028A. The law is codified at 18 U.S.C. §1028A.

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Aggravated Identity Theft 18 U.S.C. Sec. 1028A(a)(1)