Aggravated Identity Theft is an especially serious form of identity theft. It occurs when a person uses another’s identity to commit a felony or to cause financial or physical harm to the victim. It is typically used in cases of fraud, such as when a person uses another person’s identity to obtain credit cards, loans, or other financial services. The three main types of Aggravated Identity Theft are: 1. Identity theft for financial gain: This involves using someone else’s identity to obtain financial benefit, such as opening a bank account, obtaining a loan, or using a credit card. 2. Identity theft for physical harm: This involves using someone else’s identity to commit a crime, such as identity theft for the purpose of stealing a car or entering someone else’s home. 3. Identity theft for fraud: This involves using someone else’s identity for fraudulent purposes, such as filing a false tax return or filing a false insurance claim. Aggravated identity theft is a serious crime that can carry harsh penalties, including jail time and hefty fines. Victims of aggravated identity theft may also be able to recover financial losses and obtain compensation for emotional distress.
Aggravated Identity Theft
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Aggravated identity theft is punishable by imprisonment for two years and by imprisonment for five years, if the offense involves a federal crime of terrorism.
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.
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.
The four types of identity theft include medical, criminal, financial and child identity theft. Medical identity theft occurs when individuals identify themselves as another to procure free medical care.
The federal crime is aggravated identity theft under 18 U.S.C § 1028A is defined as: "Anyone who knowingly transfers, possesses, or uses, a means of identification of somebody shall, in addition to the felony penalties, will be sentenced to imprisonment of 2 years, or five years for terrorism."
Aggravated Identity Theft ? 18 U.S.C. § 1028A Aggravated identity theft is different than identity theft because aggravated identity theft involves stealing another person's identity and then committing a crime.
The penalty for aggravated identity theft is a mandatory prison term of 5 years if the underlying felony is a crime of terrorism and a mandatory prison term of 2 years for other felonies.